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Brown Cafe UPS Forum
UPS Union Issues
Telematics and lunch break......
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<blockquote data-quote="BMWMC" data-source="post: 955336" data-attributes="member: 37461"><p>The use of restroom facilities is not limited to just #1 or #2 it also includes personal hygiene. Any employee who job is classifies as a mobile employee has the legal right to use his/her vehicle to access restroom facilities that are comparable to those in there building. Breaking trace to go to lunch a driver should also add they intended to use the restroom facilities as well. Reasonable choices need to be applied here. </p><p></p><p> If the employee give reason that they intended to use the facilities in a way that is protected by law there is <u><em><strong>NO</strong></em></u> duty required of the employee to use unpaid time to gain access to said facilities nor does distance to nearest qualifying restroom facilities excuse a refusal to comply with the law..</p><p></p><p>Its really common sense but don't count of UPS to show any with the language they are using to justify discharges. Just pulling off to the side of the road to eat lunch in whatever the weather conditions without being able to use a restroom for washing hands or relieving oneself during this lunch period isn't going to play well with state and federal regulators.</p></blockquote><p></p>
[QUOTE="BMWMC, post: 955336, member: 37461"] The use of restroom facilities is not limited to just #1 or #2 it also includes personal hygiene. Any employee who job is classifies as a mobile employee has the legal right to use his/her vehicle to access restroom facilities that are comparable to those in there building. Breaking trace to go to lunch a driver should also add they intended to use the restroom facilities as well. Reasonable choices need to be applied here. If the employee give reason that they intended to use the facilities in a way that is protected by law there is [U][I][B]NO[/B][/I][/U] duty required of the employee to use unpaid time to gain access to said facilities nor does distance to nearest qualifying restroom facilities excuse a refusal to comply with the law.. Its really common sense but don't count of UPS to show any with the language they are using to justify discharges. Just pulling off to the side of the road to eat lunch in whatever the weather conditions without being able to use a restroom for washing hands or relieving oneself during this lunch period isn't going to play well with state and federal regulators. [/QUOTE]
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