# 2011-076 - De-linking Rations and Quarters, Meal Expenses, Respect of Procedures/Policies

De-linking Rations and Quarters, Meal Expenses, Respect of Procedures/Policies

Case Summary

F&R Date: 2011–10–27

On 15 July 2009, CANAIRGEN 012/09 - Linking of Rations and Quarters – was promulgated directing that, for all Wings, rations and quarters (R&Q) were to be linked effective 1 September 2009. The CANAIRGEN indicated that requests to de-link R&Q would be considered on a case by case basis, and only where full kitchen facilities were available in quarters.

The following month the grievor submitted a request to de-link R&Q, explaining that his barracks contained all of the appliances needed to prepare nutritious meals, that he had been providing for himself for a long time, that it was considerably less expensive than paying for rations and that he had a good track record of self-sufficiency and full compliance with expectations of cleanliness, safety and cooperation.

The grievor’s request was denied by 1 Canadian Air Division Headquarters based on an e-mail from the Director Air Personnel Management 2 explaining that full kitchen facilities included a fridge, a full-size stove and a place to eat and clean up. She added that a bar fridge and a microwave in a bedroom was not considered a kitchen for the purpose of the policy.

The grievor argued that his barracks provided a kitchenette on each floor including different sized appliances as well as areas to prepare and eat meals safely. He also stated that the necessity for a full-size stove was not mentioned in CANAIRGEN 012/09 and that he had access to counter-top appliances that could replace the many functions of a full-size stove.

The initial authority, the Chief of Air Staff, denied the grievor's request for an exemption to the R&Q linking policy, stating that the grievor did not meet the requirements for special consideration as described in the CANAIRGEN.

The Board was of the view that the countertop appliances available to the grievor, while smaller than a conventional stove, satisfied the definition of a stove. Consequently, for the purpose of de-linking R&Q, the Board found that the grievor's situation met the requirements of CANAIRGEN 012/09 by having access to full kitchen facilities.

The Board noted that although the policies offer the possibility for members to de-link R&Q, they lacked criteria on which to base de-linking requests. It appeared to the Board that de-linking requests, including the grievor’s, had been denied for safety, hygiene and health reasons. The Board acknowledged these as valid concerns but found they did not justify the denial of the requests to de-link R&Q in accordance with the policies.

The Board recommended that the Chief of the Defence Staff uphold the grievance.

CDS Decision Summary

CDS Decision Date: 2012–10–26

The CDS partially agreed with the Board's recommendation to uphold the grievance. In fact, the CDS directed that CFAO 36-14 paragraph 5 be rescinded effective the date of his decision on the present case, which means that the mandatory linking of R&Q shall cease starting that date. However, the CDS was not prepared to authorize reimbursement of rations retroactively beyond the date of his decision. Consequently, the grievor was given the choice to de-link from rations on the prescribed date or to prepare some meals in quarters, but their storage and preparation will have to be in accordance with locally published policy.

The CDS agreed with the Board's systemic recommendation regarding the issue identified with the current R&Q linking policy, and he directed CMP to lead the development of a new policy in consultation with other CF authorities with the objective of identifying the gaps and deficiencies in the current policy and addressing the criteria for and the extent of meal preparation in quarters, as well as the affordability of rations in dining facilities that make the de-linking impracticable.

This decision also serves to advise environmental commanders and CMP to communicate to their wing/base commanders that the linking of R&Q is now optional unless it is required to support training or operational requirements. The CDS stated that mandatory linking of R&Q should only be enforced when there are exceptional circumstances that make the de-linking impracticable.

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