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Meal Grievances won at National Joint Council re: travel status

As per the National Office Memo 33 (click to read full article)
Recently the CIU was informed that the National Joint Council had upheld two grievances that had been filed by CIU members in Manitoba. The specific facts involved members who work variable shifts and were required to report to work at another port outside of their headquarters area for more than twelve (12) hours over two meal periods. In each case there was overtime incurred for travel. The members requested two meals, lunch and dinner. The employer paid the lunch meal expense but denied the dinner meal expense. The members grieved that the employer had violated the NJC Travel Directive. The CIU presented the grievances before the NJC Government Travel Committee on June 21, 2012. The decision dated November 20, 2012 states: The Executive Committee considered and agreed with the report of the Government Travel Committee which concluded that ... in this particular case the grievors had not been treated within the intent of the Directive. Because their collective agreement states that “Meal allowances under [the overtime] clause shall not apply to an employee who is in travel status” and their Variable Shift Schedule Agreement is silent on meals while on travel status, the Directive applies and they should have been granted two meals: lunch and dinner.
A third grievance was also presented. It was with respect to a member whose regular scheduled variable shift was from 1500 until 2400 exclusive of .5 hour meal period. He had been sent to another port outside of his headquarters area from 15:30 until 22:00 after which he returned to his regular port. He requested a meal expense at the dinner rate but was denied and was paid at the lunch rate. The Executive Committee agreed that he had been treated within the intent of the Directive. Please note that this decision may be relevant to members in other Branches who are required to work outside of their headquarters area for extended periods.
A number of members in Manitoba filed grievances that have similar facts and have been held in abeyance pending this decision. CIU anticipates that the CBSA will be granting these grievances as well.



Representation from the union:

Advice:

If you feel that you are not being treated in a just and fair manner in the workplace, you should discuss the issue with your supervisor, or you can contact your union steward for advice.

Consultation

If you need to meet with your supervisor, a steward can accompany you. During the meeting, the steward acts as an observer or provides you with support, as required. The steward ensures your rights are respected.
Depending on your situation, a grievance or other form of complaint (written or verbal) can be filed. The union steward assists you in deciding which course of action to take and helps you with the wording.

Grievances

A grievance is a formal process that follows specific guidelines. The grievance procedure is defined in Article 18 of your Collective Agreement.
Grievances are important. A number of them raise issues that form the basis of union demands during collective bargaining.
With thanks to CIU HQ Branch which served as a base for this.
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Indidual Grievance Transmittal Form: (Treasury Board Site)
Manitoba Grievance Chart: PDF File | 2 Feb 2011

Annual Leave Grievance wording: Word File
Care and Nurturing:  Word file

More topics that will appear here in the future: Clarkson decision and "H" ing, scheduling and operational requirements, leave, overtime offerings, ongoing cases of interest
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