I have read all the threads on this subject and cant believe how many of you are MIS INFORMED on lunch and breaks. First off, lets do away with the notion that just because someone, somewhere else does something, this somehow makes it ok. This is NOT a winning strategy nor a LEGAL standing.
So for those proposing this argument, give it a rest, YOU ARE WRONG.
Every state in this union has different labor laws in effect for workers within its boundaries. In these labor laws are standards for lunch and break periods.
NO LABOR contract can violate STATE LAW. Even if there is a SIGNED agreement between the Teamsters and the company, NO EMPLOYEE can violate state law. So before anyone gives advice to this driver, they have to know what the state law says about lunch and breaks.
There are lawsuits pending against UPS for lunch violations in several states. A few years ago, in California, UPS settled the lunch case with its employees and paid us a large sum of money for the violations. Myself, I recieved a little over 12K. Many drivers recieved over 10K. Because of this case, UPS has tried to implement proper lunch periods for its drivers within the guidelines of state laws.
For example, in California, our contract states that we can take lunch between the 4th and 6th hour, however, the State mandates that we take lunch between the 4th and 5th hour, and in addition, a second unpaid lunch can be taken after the 10th hour, not to mention a third break after 9.5 hours.
UPS must now comply with state law and provide us lunch guidelines as per state law and not the contract.
We as drivers are OBLIGATED to honor the state law despite "PAST PRATICE" and/or contractual agreements. If you dont comply with the state law after recieving a warning from the company, you could be subject to discipline.
In our state law, if that vehicle is moving while you are clocked out on lunch, the company must PAY YOU for the time while the vehicle is moving.
This is why its considered "stealing time". If you are clocked out, then that vehicle cannot move. Its that simple.
With todays technology, the company can simply make thier case by showing the telematics report showing the vehicle moving during lunch.
"past practice" does not supercede STATE LAW.
I realize that in the "old days" we could skip lunch and make bonus, or clear the truck to make room for pickups, but this isnt yesterdays UPS.
With the number of lawsuits affecting the company, it has an obligation to do things properly. The excuse of "he punched out between 12/1 so he could make room for pickups, then actually sat still for 1 hour at the end of the day" is a rediculous argument. Laughable at Best.
This driver was instructed, then warned, then disciplined, then warned, then terminated. He knew where he stood and defied ALL INSTRUCTION.
To this end, I say, "hope you enjoyed your stay at UPS, have a nice time in your new career".
Drivers have to change their mindsets, this isnt the "OLD UPS". Do the job correctly, understand that the contract will not protect you if you violate state law.
This driver should have known better.
Peace.