Grievance Case Summary - G-500

The Grievors were Civilian Members who worked 12-hour shifts on a two days, two nights, and four days off rotation. When their headquarters area underwent a major renovation, the Force bussed them to and from a different city every working day so that they could continue serving. This went on for approximately five months. The Force informed the Grievors that they were in a travel status of less than one day during this time frame. It also made it clear that they would be entitled to claim two meals per day shift, and one meal per night shift, throughout the period.

The Grievors filed a grievance. They believed that they were entitled to two paid meals during each night shift in accordance with section 3.2.9 of the Treasury Board Travel Directive (TBTD). This provision indicated that the reimbursement of meals for shift workers while in travel status of less than one day while outside the headquarters area "shall be based on the meal sequence of breakfast, lunch and dinner, in relation to the commencement of the employee's shift". They said they ate breakfast before their night shift, and then ate lunch and dinner during their night shift.

A Level I Adjudicator disagreed. He relied on an unidentified case which is not in the record. It apparently provided that breakfast, lunch, and dinner generally followed a morning, noon, and evening schedule. He applied this reasoning to section 3.2.9 of the TBTD. He thus concluded that a "shift schedule overlays the meal sequence and not vice-versa". He added that various sections of the RCMP's travel policy provided for only one reimbursed meal during a night shift.

The ERC agreed with the Grievors' interpretation of section 3.2.9 of the TBTD. It noted that the National Joint Council supported such a position in decision 21.4.788, a travel-related meal grievance involving federal public servants. It also found that although certain sections of RCMP travel policy provided for one paid meal per night shift in the Grievors' situation, nothing in the TBTD placed such a limitation on employees. The ERC cited authorities in support of the proposition that Force policy cannot be applied in a manner inconsistent with the TBTD. It found that the Force should have let the Grievors claim two meals per night shift while in travel status.

The ERC recommended to the Commissioner of the RCMP that he allow the grievance. It also recommended that he authorize any applicable meal expense claims, assuming those claims comply with all other relevant authorities. It further recommended that the Commissioner ensure that Force travel policy is applied in a manner consistent with section 3.2.9 of the TBTD.

The Commissioner has rendered a decision in this matter, as summarized by his office:

The Commissioner agreed with the ERC and allowed the grievance.

The Commissioner found that the Grievors, who were working 12-hour shifts while on travel status of less than a day outside of their headquarters area, were entitled to claim meal expenses in accordance with their sequence of meals, and therefore both a lunch and dinner, instead of only a "mid-shift meal." While a day shift (07:00-19:00) would follow the normal sequence of breakfast, lunch and dinner, when the Grievors worked a night shift (19:00-07:00) they ate their breakfast before the beginning of their shift, and lunch and dinner followed. The Force was bound by the Treasury Board Travel Directive, which provided that "[r]eimbursement of meals for shift workers shall be based on the meal sequence of breakfast, lunch and dinner, in relation to the commencement of the employee's shift."

In reviewing the grievance, the Commissioner looked at decisions made by the Executive Committee of the National Joint Council, which supported his interpretation. The Grievors should have been reimbursed for two meals when working their 12-hour night shift, as they were for their day shift, and the meal sequence would commence at the start of their shift.