Grievance dismissed, to be addressed in next round of collective bargaining
Reorganization of the Southern Regional Health Authority in Manitoba led to a fight for travel time.
In 2008, a new float/relief position was created as a result of reorganization. The new position would see employees providing relief where regular staff members were not available at any of the three ambulance stations in the north. The three stations were Portage, Elie and MacGregor.
The general reaction from employees was positive, though concerns were raised regarding whether float/relief employees would be paid mileage when travelling in the North to the smaller stations of Elie or MacGregor.
Because the majority of calls came in to the larger station of Portage, it was decided float/relief employees would receive mileage when they had to travel a longer distance than their normal commute to Portage.
No concerns were raised regarding travel time.
In April 2011 Kevin Bueckert was awarded a full-time float position. Bueckert submitted overtime sheets for dates in June, July, August, September and October. All claims for overtime were for time travelled between Portage and the smaller stations of Elie and MacGregor.
The overtime claims were denied and the Manitoba Government and General Employees’ Union filed an individual grievance and a policy grievance on Bueckert’s behalf.
The union argued employees travelling from their work base to attend another work site are required to be paid mileage and travel time.
While the union confirmed permanent employees working at the stations do not receive travel time, it argued the nature of the float roles — travelling to any of the three ambulance stations to provide relief — made them eligible for such payment.
Employees must be assigned a base location in order to calculate certain benefits such as mileage and meal expenses.
Because Portage was established as the base location in calculating mileage, the union argued, travel time between Portage and the smaller two stations should be subject to travel time rates.
The employer, however, argued the float employees were not entitled to travel time, stating employees are not paid to drive to work.
The very nature of the float position is to relieve employees at three different work sites. Even overlooking logic and common sense, the employer said, a strict reading of the collective agreement shows the phrase used is ‘work site’ and not ‘base location,’ meaning employees can be assigned to any one of the three stations.
The employer further argued the union should be estopped from grieving the issue.
When the issue of mileage was raised by employees, the employer said, the issue was quickly dealt with. Had the union raised the issue of travel time it could have been addressed at the bargaining table by way of a memorandum of agreement.
The union’s failure to raise any concerns relating to travel time, however, led the employer to believe there were no issues. For this reason the employer argued the union should be estopped from grieving and the issue of travel time should be addressed in the next round of collective bargaining.
"The silence of the union certainly, in my view, was a representation to the employer that the matter was not a live issue and, accordingly, the employer was precluded from dealing with this in negotiations subsequent to the implementation of the program," said arbitrator Michael D. Werier.
"As a result, I believe the union is estopped from insisting on its strict legal rights, if there were any, until the expiry of the present agreement."
Furthermore, Werier found the relevant sections of the collective agreement clearly reference a ‘work site’ and not a ‘base location,’ omitting any reference to travel time.
As a result he ruled the employees are not entitled to the overtime as claimed in the grievances for travelling, in effect, from their home to their work site.
The grievances were dismissed.
Reference: Southern Regional Health Authority and the Manitoba Government and General Employees’ Union. Michael D. Werier — arbitrator. William S. Gardner for the employer, Helen Krahn for the union. May 6, 2014.
