New Member with two related questions.

[StongUPSThroughCompliance]

Just joined BrownCafe after exploring it for a couple weeks. I joined today and searched FLSA. Only 4 posts and nothing about Employer being responsible for keeping employees from working off the clock. This is a problem in my hub. Several drivers come in early to set up their trucks and some work through their lunch. Also, a recent case of employees vs Tyson foods was ruled in favor of the employees because gathering tools for work should have been work time. At my hub, UPS expects drivers to get DIAD, sign previous day review paperwork, get call tags, sign call tag sheet, get helper board, etc., etc. and be at PCM at start time. Shouldn't all this be considered work? I'm considering filing a report with the UPS helpline and see if anything changes. Does anyone have any thoughts on this or any experience with reporting to the helpline?

 

[IVE GOTTA PACKAGE 4U]

File a grievance!..first..then go on from there!

 

[Indecisi0n]

It's not UPS doing this (even though they turn a blind eye), it's the personal choice of scab drivers. Call them out on it face-to-face.

 

[over9five]

Where is your steward? It really comes down to the steward stopping this. Senior people have to FILE to get paid the time that these people are working off the clock. When management has to start paying these grievances, they will put a stop to employees working off the clock.
Start the ball rolling, friend! And welcome to Brown Cafe.

 

[IVE GOTTA PACKAGE 4U]

It's not UPS doing this (even though they turn a blind eye), it's the personal choice of scab drivers. Call them out on it face-to-face.

Wow an answer ,without a sexual reference? Ok.ok.....who stole Indecisi0n's phone?

 

[Indecisi0n]

Where is your steward? It really comes down to the steward stopping this. Senior people have to FILE to get paid the time that these people are working off the clock. When management has to start paying these grievances, they will put a stop to employees working off the clock.
Start the ball rolling, friend! And welcome to Brown Cafe.

You say "senior people have to file", If I see senior guys working off the clock, like sorting their trucks in the morning can I grieve it with less time?

 

[over9five]

You say "senior people have to file", If I see senior guys working off the clock, like sorting their trucks in the morning can I grieve it with less time?

You can. I'm just not sure if you'd get the grievance money, or they would.

 

[Indecisi0n]

Wow an answer ,without a sexual reference? Ok.ok.....who stole Indecisi0n's phone?

In 2014 I am trying to be more in touch with you guys....So can I touch ya?

 

[UpstateNYUPSer(Ret)]

There is a difference between gathering what you need to start the day and sorting/loading your pkg car. The time spent doing the former can easily be made up on road. The time spent doing the latter is so that you can get off road that much quicker. I assume it is the former that you are referring to. IMO the best thing to do is to spend the 10 minutes or so before the PCM doing this work and then make up the time on road, normally at time and a half.

Mgt will look the other way when it is to their benefit.

 

[Indecisi0n]

You can. I'm just not sure if you'd get the grievance money, or they would.

These old timers are going to hate me. lol

 

[cachsux]

You say "senior people have to file", If I see senior guys working off the clock, like sorting their trucks in the morning can I grieve it with less time?

Conceivably as their working off the clock may prevent the hiring of a union member that would perform the work.

 

[StongUPSThroughCompliance]

Our local is pretty weak where I work. A lot of basic grievance issues go unchallenged. I have spoken with management about the off the clock drivers and they just say it's on them. However, FLSA makes it pretty clear the employer must do everything within their power to prevent off-the-clock work. I just wanted to know if I contact the help line if anyone on here feels it would change this or is grievance the only thing that will change it. Regarding a grievance, do I need to go in at 7am with these drivers and watch them to file?

 

[IVE GOTTA PACKAGE 4U]

You say "senior people have to file", If I see senior guys working off the clock, like sorting their trucks in the morning can I grieve it with less time?

File, file,file! I love to file, I love to file! It pisses my sup off,to no end.Sometimes I walk around with a grievance form,sticking out of my pocket.Just for the fun of it!

 

[Ouch]

You can. I'm just not sure if you'd get the grievance money, or they would.

I would think Indecision would get it.

 

[cachsux]

There is a difference between gathering what you need to start the day and sorting/loading your pkg car. The time spent doing the former can easily be made up on road. The time spent doing the latter is so that you can get off road that much quicker. I assume it is the former that you are referring to. IMO the best thing to do is to spend the 10 minutes or so before the PCM doing this work and then make up the time on road, normally at time and a half.

Mgt will look the other way when it is to their benefit.

I disagree. Working off the clock is working off the clock.

 

[Indecisi0n]

Conceivably as their working off the clock may prevent the hiring of a union member that would perform the work.

I tell them that all the time. They just shrug me off which makes me want to punch them in the face. They also don't realize when they call out or go on vacation they totally screw the guy covering their routes since their load isn't all fluffed up in the morning.

 

[IVE GOTTA PACKAGE 4U]

In 2014 I am trying to be more in touch with you guys....So can I touch ya?

Got your phone back? I see!...lol

 

[over9five]

I don't think the UPS Help Line will be of any help with this.

 

[UpstateNYUPSer(Ret)]

I disagree. Working off the clock is working off the clock.

Our start time is 9:40. We are supposed to be ready to go at 9:40. This includes gathering all that we need prior to the PCM. I suppose we could show up at 9:40, spend the next 10 minutes or so getting organized, pull out at 9:50, do our pretrip and get on road by 9:55-10. The air commit is still 10:30---are you willing to deal with late air just to prove a point? If the 10 minutes is that big of a deal you can easily make it up on road at time and a half.

 

[UpstateNYUPSer(Ret)]

These old timers are going to hate me. lol

This old timer would tell you that you are right but that you should mind your own business.