My grievance is tied to others in the west anyone familiar w/ this....

Discussion in 'UPS Union Issues' started by SWORDFISH, Mar 24, 2010.


    SWORDFISH New Member

    I have been fighting w/ UPS since June 09 when they decided to change how they read the contract. They have decided they are not allowing the 3rd 10min break until about 10.5hrs when the contract reads it is to be taken no later than 3hrs after your 2nd and your the 2nd is to be taken in the 1st half of your 7th hr. Anyway the union said that there is a bigger grievance that mine got tied to that was headed for panel. That was back in January this year after they deadlocked over it in the center level hearing. I talked to the BA on monday and he said he hasnt heard anything about it but would find out. Wondering if thier is someone on here that is also tied to this grievance w/ me or knows something about whats going on with it?

    SWORDFISH New Member

    Must not be very many people on here in my area?


    Not sure where you are ? I'm in Nor-Cal and can tell you if we go 10.01 we take the third ten. I have never been talked to about it and no one else I know has either.

    SWORDFISH New Member

    Im in Washington.
  5. MC4YOU2

    MC4YOU2 Yep, not wearing brown anymore

    I asked this exact same question when the contract first added the wording (no later than 3hrs after your 2nd) for the third break and was told by my BA that it was "decided" that the meaning of this is to say "after 10 hours of work, and 3 hours after your 2nd break". I agree with you, however I have also learned that sometimes in these instances you will hear from both sides that the spirit of the language may appear to be somewhat different than the literal wording. My question is then why not simply say what you mean? I guess that's just too simple.

    SWORDFISH New Member

    Finally someone that has heard something, sweet!! What state are you in? I had been taking the 3 breaks by the wording of the contract for a long time and now Im ordered to take them very strangely(they came up some wierd times and I just go by them) till this gets resolved. The union hear(one of the guys that agrees w/ me sits on the board, panels, and contract commitee) agrees w/ me however, UPS is saying what your saying they are saying where you are. Like I was saying before there is a big group grievance that is going to panel over this. I will have to keep you updated on what happens. It should be very soon. Anyone else out there no anything about this?
  7. jimstud

    jimstud Banned

    if we go 10.01 we get a 20 min break added on after we punch out.
  8. here in cen cal. if u work 10 hrs, u are entitled to a ten min break, not 10.1, its cal law

    SWORDFISH New Member

    Its funny that UPS is getting away w/ violating clear wording of the contract. For locals 38,58,174,231,252,313,589,690,760,and 839 it states first 10min break to be taken in first half of your 3rd hr. We start at 9am so for me the first half of my 3rd hr is 11am to 1130am. Then the second is to be taken in the first half of the 7th hr. The 7th hr would be from 3pm to 330pm. It then says your 3rd 10mn break is allowed WITHIN 3 HRS OF THE 2ND ONE. Which would be from 330pm to 630 pm(or if you took it at 311pm then you have from then till 611pm. Even if you say the spirit of the contract meant 3hrs after (which is a bunch of BS.) then you should be eligible for your 3rd 10min break starting between 9hrs worked and 9.5 depending on when you took your 2nd break. Im not sure what all this 10hr stuff is. Except what post 8 said about it being state law. To confuse things even more UPS says Im not eligible for my 3rd 10mn break until 750pm based on a 9am start time.
    I really wish I could find somone else that is in this grievance . Curious to hear their thoughts and whats going on in their center.
    thanks for the replys so far as well.
  10. 1989

    1989 Well-Known Member

    I'll give it a shot:

    9:00 start
    11:00-11:30 start or 3rd hour of work (say you take at 11:00)
    30 min. lunch (not work time)
    16:30-17:00 start of 7th hour of work (you would take at 16:30)
    19:30-20:00 (you would take at 19:30)

    now if you take out 20 minutes because of the first 2 brakes (not work time), that would make 19:50.


    SWORDFISH New Member

    You solved it. My bosses couldnt even tell me that. I had to figure it out on my own. I still dont agree w/ it. Are you dealing w/ this issue as well or just showing off your genuis mind?
  12. 1989

    1989 Well-Known Member

    No, I am not dealing with this, but I did stay at a Holiday Inn last night.
    Seriously though, I did work in Washington for 16 years.
  13. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.