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UPS Union Issues
Management wanting employees to work during break
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<blockquote data-quote="Socrates" data-source="post: 872020" data-attributes="member: 36964"><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'">Some of you guys are absolutely hilarious sometimes. It's like you've literally never worked anywhere else other than UPS, and things like State or Federal law take a backseat to "Work as directed". It makes me giggle even more when some of you supervisors--who have never (and possibly will never) supervised anywhere but UPS suddenly think that UPS policies can trump state law--or that you can retaliate against employees who follow state law, and you somehow won't subject your UPS building to fines and other punishments -- and that you won't have to pay back pay if you really step out of line.</span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"></span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'">In the state of Washington, you are entitled to a lunch break if you work more than 5 hours. Period. End of discussion. Not open to "work as directed". Not open to ANYTHING, unless you're a farm worker or meet a couple of other provisions. Link: <a href="http://www.lni.wa.gov/WorkplaceRights/files/policies/esc6.pdf" target="_blank">http://www.lni.wa.gov/WorkplaceRights/files/policies/esc6.pdf</a></span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><a href="http://www.lni.wa.gov/WorkplaceRights/files/policies/esc6.pdf" target="_blank"></a></span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'">As far as 10-minute breaks, they are intended for employees working more than 4 hours in a shift. Additionally...</span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"></span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'">"11. When must rest periods be scheduled? The rest period of time must be scheduled as near as possible to the midpoint of the four hours of working time. No employee may be required to work more than three consecutive hours </span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'">without a rest period"</span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"></span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'">So as you can see, in Washington at least (possibly others) management is already on thin ice by scheduling break 3 hours in. Expecting employees to stick around for 3:04 or 3:08 or whatever.....again, there is no debate about it. Do not schedule a break for 100% of the state law requirement. When in doubt, schedule break for 2:50, and when it becomes necessary, you have a 10 minute flex period. Otherwise, it is at the discretion of the employees to continue working.</span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"></span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'">Bottom line: "Work as directed" <strong>DOES NOT APPLY when it comes to violating state law</strong>. The ONLY directive that would apply here is "Hope for the best, expect the worst".</span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"></span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'"><span style="color: #222222"><span style="font-family: 'Times New Roman'">As far as break 1 1/2 or 2 hours in...sending someone to lunch break (whether they like it or not)...there's your "work as directed". Instructing someone to violate state law for your own personal benefit = not covered. Sorry.</span></span></span></span></span></span></p><p><span style="color: #222222"><span style="font-family: 'Times New Roman'"></span></span></p></blockquote><p></p>
[QUOTE="Socrates, post: 872020, member: 36964"] [COLOR=#222222][FONT=Times New Roman][COLOR=#222222][FONT=Times New Roman][COLOR=#222222][FONT=Times New Roman]Some of you guys are absolutely hilarious sometimes. It's like you've literally never worked anywhere else other than UPS, and things like State or Federal law take a backseat to "Work as directed". It makes me giggle even more when some of you supervisors--who have never (and possibly will never) supervised anywhere but UPS suddenly think that UPS policies can trump state law--or that you can retaliate against employees who follow state law, and you somehow won't subject your UPS building to fines and other punishments -- and that you won't have to pay back pay if you really step out of line. In the state of Washington, you are entitled to a lunch break if you work more than 5 hours. Period. End of discussion. Not open to "work as directed". Not open to ANYTHING, unless you're a farm worker or meet a couple of other provisions. Link: [URL="http://www.lni.wa.gov/WorkplaceRights/files/policies/esc6.pdf"]http://www.lni.wa.gov/WorkplaceRights/files/policies/esc6.pdf [/URL] As far as 10-minute breaks, they are intended for employees working more than 4 hours in a shift. Additionally... "11. When must rest periods be scheduled? The rest period of time must be scheduled as near as possible to the midpoint of the four hours of working time. No employee may be required to work more than three consecutive hours without a rest period" So as you can see, in Washington at least (possibly others) management is already on thin ice by scheduling break 3 hours in. Expecting employees to stick around for 3:04 or 3:08 or whatever.....again, there is no debate about it. Do not schedule a break for 100% of the state law requirement. When in doubt, schedule break for 2:50, and when it becomes necessary, you have a 10 minute flex period. Otherwise, it is at the discretion of the employees to continue working. Bottom line: "Work as directed" [B]DOES NOT APPLY when it comes to violating state law[/B]. The ONLY directive that would apply here is "Hope for the best, expect the worst". As far as break 1 1/2 or 2 hours in...sending someone to lunch break (whether they like it or not)...there's your "work as directed". Instructing someone to violate state law for your own personal benefit = not covered. Sorry.[/FONT][/COLOR][/FONT][/COLOR] [/FONT][/COLOR] [/QUOTE]
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