Grievance Case Summary - G-684

The Grievor was on travel status to investigate a matter. During that time, he was required on a number of occasions to stay overnight in a vacant mobile trailer that was owned by the Force. A number of concerns were noted with respect to the trailer’s habitability. The Grievor claimed a Private Non-Commercial Accommodation Allowance (PAA) at a rate of $50.00 per day for the 37 days he resided in the trailer. Pursuant to the National Joint Council Travel Directive (NJCTD), a PAA could be paid if, at the relevant time, the mobile trailer at issue fell within the NJCTD definition of “private non-commercial accommodation”. The Grievor’s claim was denied by the Force and he filed a grievance. At Level I, the Adjudicator denied the grievance. The Adjudicator found that the vacant, Force-owned trailer was not a private non-commercial accommodation and that the PAA was not intended to compensate members for inadequate accommodations. The Grievor presented his grievance to Level II.

The ERC found that the Grievor had standing to present the grievance, and that statutory limitation periods for presenting the grievance had been respected. The ERC also found that new documents and information furnished by the Grievor at Level II were inadmissible. Regarding the merits, the ERC found that the Grievor was not entitled to the PAA. The trailer was in fact “government and institutional accommodation” as defined in the NJCTD, rather than a private non-commercial accommodation which would allow the payment of a PAA. The trailer was not being rented by another member at the time the Grievor stayed in it, resulting in the absence of a private character which might have justified allowing the Grievor’s claim. Further, while there were obvious problems with the trailer’s suitability as a living accommodation, this in and of itself did not render it “private non-commercial accommodation” as defined in the NJCTD, nor did it generate entitlement to a PAA.

The ERC recommended that the grievance be denied.

The Commissioner’s decision, as summarized by her office, is as follows:

The Grievor challenged the Respondent’s decision to deny his expense claim for the private non-commercial accommodation allowance (PAA). At Level I, the Adjudicator found that the trailer in which the Grievor had stayed constituted government and institutional accommodation (GIA), rather than private non-commercial accommodation. The Commissioner accepts the ERC finding that the Grievor is not entitled to the PAA. The grievance is denied.