Bulletin
ICBC – CEF Meal Allowance Arbitration Appeal Update
July 17, 2018
To: All ICBC members
We have received the results of the arbitration award appeals regarding the meal allowances for Estimators at Central Estimating Facility (CEF).
Back in July 2016, ICBC decided that Estimators at CEF would no longer be entitled to claim a lunch expense while they were away from their headquarters. Their work required them to be on the road for the entire day, going from body shop to body shop reviewing the work orders and quality of repairs being done on customers’ vehicles. Prior to that date, these same workers were entitled to the provisions of Article 20.06 which meant they could claim reasonable meal expenses or, without a receipt, claim $12.00 for lunch. We grieved this change and proceeded all the way to arbitration.
A decision was rendered in February 2018 by Arbitrator McEwan who ruled in favour of ICBC. We did not agree with the decision of the arbitrator and so we appealed to the Labour Relations Board. We provided an update on our efforts to appeal the arbitration award back on April 5, 2018. There were two parts of the arbitration award that were being appealed – one by your union, the other by the ICBC.
Our Appeal
We appealed Arbitrator McEwan’s award because we believed her decision changed the intent of the collective agreement. Article 20.06 had been part of the agreement for decades, and until 2016, Estimators at CEF who were on the road, performing their work for ICBC, had been reimbursed their meal expenses.
Unfortunately, the arbitrator interpreted this section of our collective agreement to mean if an employee was not inconvenienced by a change in their routine, then the employee would not be entitled to be compensated for their meal. Essentially, she believed that if leaving the headquarters and being on the road is part of the regular duties of the job, then it is essentially not an inconvenience but a normal aspect of the job. This is despite the fact that the language in Article 20.06 of your collective agreement is quite clear in establishing that employees are entitled to a meal allowance if they work away from their designated headquarters.
Disappointingly, our appeal was dismissed by the BC Labour Relations Board. In their decision, they referenced a previous arbitration ruling from 2001 involving ICBC employees as precedent. We had argued vehemently that that case was not relevant in this situation, but the BC Labour Relations Board ruled against us.
Please click here to see the appeal ruling in full.
ICBC’s Appeal
ICBC was also not happy with Arbitrator McEwan’s decision, but for a different reason. The arbitrator ruled that ICBC could not change their interpretation of the collective agreement midway through its term. This is known as an ‘estoppel.’ Your union asserted that ICBC had to have notified us of a changed interpretation of the article during the last round of bargaining to make such a change. ICBC claimed estoppel was not applicable in a “change of circumstance” situation. They argued that they had reduced the distance that estimators had to travel to perform their duties away from their headquarters and therefore they did not have to give notice to our union. Thankfully, ICBC was not successful in their appeal either which means that they must reimburse meal expenses to CEF Estimators who are away from their headquarters for business.
Please click here to see the appeal ruling in full.
The bottom line
As a result of your union winning the estoppel argument, CEF Estimators performing road work will continue to be entitled to reimbursement for meals retroactively. As well, they will be entitled to claim their out-of-pocket meal expenses until a new collective agreement is signed. This benefit will continue even if the current collective agreement expires on June 30, 2019 and if a new collective bargaining agreement is not in place. This is due to Article 0.04 of the collective agreement which provides for a continuation of the agreement even after expiry.
Next steps
We have requested the employer provide a list of all estimators affected by this arbitration since July 2016 to ensure appropriate monies are claimed and paid out. If you have been affected by this decision, please submit a log of expenses with receipts to your job steward. If you do not have your receipts, you are entitled to a lunch per diem of $12.00/shift.
In solidarity,
Annette Toth
Vice-President
