February 18, 2008 at 12:00 AM
Arbitrator Picher rules on employee per diem expenses
On February 6, 2008 the CAW met with Arbitrator Michel Picher to arbitrate the Company's interpretation of Article 50 of our Collective Agreement. In attendance to argue the CAW's position were Chuck Telky - ORNGE Chairperson, Ron Smith -- National Representative, and Ashley Watkins - Local 2002 Executive Assistant.
The grievances which led to the Arbitration are 344-01-07 and 344-02-07. The basis for the grievance was the Company's refusal to pay correct per diem rates for meals without a receipt as identified in Article 50 of the Collective Agreement. Members qualify for per diems under Article 26.10, 26.13, 56.06 and 49.02.
After hearing both the CAW's and the Company's position on the intent of the Articles, Arbitrator Picher made his award and issued orders to all parties. The CAW is pleased with the Picher award as it is largely in keeping with the position we presented at Arbitration.
A summary of the Award is noted below. A detailed account of Arbitrator Picher's award is available on the link at the bottom of this bulletin (Arbitrator Picher Award and Appendix 'A' Memorandum of Agreement).
In the application of Article 50.01 receipts shall be provided for all meals claimed. It is agreed and understood that such meals shall be compensated at the per diem rates for meals as specified in Article 50.01.
a. Interpretation: This means you can provide a receipt for any dollar amount and you will be reimbursed for the full per diem rate. (i.e. A member qualifies for a dinner meal under Article 26.10. The member provides a receipt for a food item for any amount and they will be reimbursed for the entire $ 35.00 dinner per diem.)
In accordance with the letter issued by the Employer on December 15, 2006 receipts shall not be required for meal expenses incurred under Article 26.13.
a. The letter issued by ORNGE dated December 15, 2006 remains effective. Receipts are not required for lunches under Article 26.13. See the link below Letter from ORNGE - Meal Expenses.
It is agreed that expenses incurred for public accommodation shall be reimbursed at reasonable rates, with receipts to be provided, save that receipts shall not be required for reasonable incidentals, up to $20.00 (twenty dollars), as set out in Article 50.01.
a. Interpretation: When you require a hotel for any company business, you must provide a receipt and you will be reimbursed the full amount excluding incidentals. You qualify for the incidental rate of $20.00 without receipt whenever you stay overnight and must claim the $20.00 amount on your expenses: it will not be automatically paid.
When private accommodation is utilized, per diem reimbursement shall be in the amount of $50.00 (fifty dollars), with no receipt to be provided.
a. Interpretation: If you use private accommodation (i.e. family or friends) when you overnight you will not require a receipt. You will be reimbursed the amount of $50.00.
This agreement is in full and final settlement of all disputes and claims in respect of the two policy grievances above-noted. No monies will be made retroactive from the date of the award.
Chuck Telky, ORNGE CAW Chairperson
Arbitrator Picher Award and Appendix A Memorandum of Agreement
Letter from ORNGE - Meal Expenses