New FMCSA rules July 1st 2013

[toonertoo]

I see that happening. Its been like that forever. We don't really care if you take it, you are just machines. Actually we don't want you to take it, we have you conditioned that way for a reason. Some poor sob is going to pay, but it wont be us. We will continue to treat you like dogmeat. You are not strong enough, fast enough to meet the criteria, you should go. When actually few can meet it, and they are not dogmeat. Which is why I am a little concerned about the new contract, and no language about it.
BTW I voted NO

 

[UpstateNYUPSer(Ret)]

Does this new directive supersede the lunch language in our local supplements?

 

[Notretiredyet]

We've been told we can combine the paid 20 min break with 10 min of our unpaid lunch as long as they are done concurrently. Most are just taking 30 min sometime before there pickups begin and skip the remaining time we had previously been required to take.

 

[cosmo1]

Does this new directive supersede the lunch language in our local supplements?

Because it is a federal directive, I would say yes, it does.

 

[Catatonic]

It will take a lawsuit before management verifies you're not delivering during your break. All they are going to look for is at least 30 mins in the board before 8hrs, not that it was actually taken. The reason they are having PCMs is to tell you and have it documented they told you, them they can blame it on that its your fault you didn't comply. It's all about shifting the responsibility to the driver.

Yep ... plausible deniability.

Same as with all the other programs they have. Most of this is driven by lawyers and "Risk Management".

 

[Old International]

Remember, they can look and see if the pkg car was moving while your DIAD says you are at lunch. We were told to shut it down completely for 30 minutes. The rest of the the unpaid break could be taken as desired.
Feeders were told the same thing, and we could keep our chosen break periods 5-55-10, 15-45-10 and 10-55-5, just as long as we had the 30 minutes in there.

 

[toonertoo]

Remember, they can look and see if the pkg car was moving while your DIAD says you are at lunch. We were told to shut it down completely for 30 minutes. The rest of the the unpaid break could be taken as desired.
Feeders were told the same thing, and we could keep our chosen break periods 5-55-10, 15-45-10 and 10-55-5, just as long as we had the 30 minutes in there.

Yup, no driving around on break. I believe you can look at the diad, but can input nothing.

 

[UpstateNYUPSer(Ret)]

Our supplement mandates a 45 minute lunch between the 3rd and 5th hour. The tentative supplement, which was rejected, did not reflect any changes to this mandate. I asked this earlier---would this new directive supercede this and, if so, would we then only be required to take 30 minutes or must we continue to take our full 45 as per our supplement?

 

[toonertoo]

Our supplement mandates a 45 minute lunch between the 3rd and 5th hour. The tentative supplement, which was rejected, did not reflect any changes to this mandate. I asked this earlier---would this new directive supercede this and, if so, would we then only be required to take 30 minutes or must we continue to take our full 45 as per our supplement?

Good question for the boss. We get a 30 minute lunch, if you get a 45, I think it would still be 45, but 30 of it must be taken consecutively. Our supplement never said(possibly did and we have been ignoring it?) it had to be consecutive. And many of us just took 10, as we were required to show something between the 3rd and 5th. If a 45 minute is what your local has agreed to for your lunch, then it must have been what the union, or the company wanted. As for me, that's way too much. There will be lots of questions tomorrow. But some of us already will know some answers, not all. And they wont know either. They sent us 3 ods msgs Friday, each contradicted the one before.

 

[Benben]

Our supplement mandates a 45 minute lunch between the 3rd and 5th hour. The tentative supplement, which was rejected, did not reflect any changes to this mandate. I asked this earlier---would this new directive supercede this and, if so, would we then only be required to take 30 minutes or must we continue to take our full 45 as per our supplement?

Federal law, it says a driver may not drive more than 8 hours without taking a full 30 min break. So if you are at 7:59 and have not stopped for a full 30 mins, uninterupted, you have to shut it down for a 30 min period. The 8 hours is from punch in at the PCM. Its in the same law as the 60 hour and 14 hour mandates. If you get a 45 min. or hour lunch take the extra time over 30 mins whenever per local habits.

This new law is not a UPS mandate,rule,or suggestion. No point in getting mad or upset with UPS as they did not write the law. I personally do not see how UPS is going to adjust at the package level because we have been pushed so hard for so long that breaking up one's lunch to fit it in where possible has become the standard in my center. I hate it esp. hate it at this time of year because breaking it up into 10 and 5 min sections when I get to a place with wonderfull air conditioning helped make the 105* days bearable.

As a cover driver I have lost a bit of sleep trying to plan out how I am going to run the route I am on next week. Running a blind route is now going to become a total nighmare! Much more so than it was before.

 

[UpstateNYUPSer(Ret)]

You are missing the point-----I would prefer taking only the 30 minutes, not the full 45, and was wondering if this directive would (legally) allow me to do just that.

 

[cosmo1]

You are missing the point-----I would prefer taking only the 30 minutes, not the full 45, and was wondering if this directive would (legally) allow me to do just that.

​No.

 

[toonertoo]

You are missing the point-----I would prefer taking only the 30 minutes, not the full 45, and was wondering if this directive would (legally) allow me to do just that.

Didn't miss the point. I think you still have to show you took that 45 minutes, just that you have to take at least 30 of it uninterrupted. If you were mandated to take 45 of it uninterrupted, you probably still do.

 

[104Feeder]

Our supplement mandates a 45 minute lunch between the 3rd and 5th hour. The tentative supplement, which was rejected, did not reflect any changes to this mandate. I asked this earlier---would this new directive supercede this and, if so, would we then only be required to take 30 minutes or must we continue to take our full 45 as per our supplement?

Both. The 45 minute lunch requirement would comply with the DOT 30 minute minimum rest period. Contractually you are required to take 45 minutes so you'll have to abide by that or they could discipline. Federal, State, & Local laws always supersede the CBA but there can be more stringent restrictions or requirements in the CBA. As long as they meet what the law requires there is no conflict. Our CBA's include language requiring Union membership even in those sorry RTW (for less) States which is null and void as long as RTW (for less) laws are in force, but should they be changed our CBA would allow us to immediately resume requiring membership or termination.

 

[Notretiredyet]

We have a similar issue the company is now OK as long as somewhere in the day you show a period of 30 consecutive min with no deliveries or pickups. The Local is saying we should still be taking a full 20 min break and a 30min lunch between the 4th and 6th hr of work. Personally I'd prefer the option to take the 30 min in the middle of the day by combining my paid break with 10 min of by unpaid lunch on most days and be done. If I'm having a bad day and choose to take that remaining unpaid time it should be up me to take it or not. Maybe change the contract language to a required 30 min paid lunch and a optional 20 min break for those of us with supplements that haven't passed.

 

[toonertoo]

I would prefer to take a 10 when I want, another 10 when I need it, and another 10 when I have to. and go home early. And take my other 10s at the building. I don't want to be on route, I would rather be home. But as I am finding out, the world does not revolve around me. How sad.

 

[toonertoo]

My biggest break and my goal is to get outta there.

 

[uber]

Remember, they can look and see if the pkg car was moving while your DIAD says you are at lunch. We were told to shut it down completely for 30 minutes. The rest of the the unpaid break could be taken as desired.
Feeders were told the same thing, and we could keep our chosen break periods 5-55-10, 15-45-10 and 10-55-5, just as long as we had the 30 minutes in there.

So immediately pull over as soon as its directed to take break? If you don't pack a lunch you're screwed?

 

[serenity now]

I would prefer to take a 10 when I want, another 10 when I need it, and another 10 when I have to. and go home early. And take my other 10s at the building. I don't want to be on route, I would rather be home. But as I am finding out, the world does not revolve around me. How sad.

Found that out very early in life.

 

[stink219]

Does this new directive supersede the lunch language in our local supplements?

Yes.