not taking lunch and getting paid

[New Englander]

Err.....thanks for offering your opinion on what I asked. Did you miss it or just don't have an opinion?

 

[Jones]

No one has answered my question or even given any thought to it.

I have been issued my warning letter to work as directed and take my lunch.

My point is this:

The contract states we are to take a lunch.
The contract states when we are to take the lunch.

How can the company issue warning letters for failing to take a lunch when they care less when it is taken? I feel like grieving my letter based upon that fact. They shouldn't be able to enforce just PART of the equation. The part that suits them and turn the blind eye to the routes improperly written that guys run it to the end on.

If drivers are allowed to take their lunches at the end of their shift either at the local gas station parking lot or building it is essentially not a lunch. It is only being done to oblige management.

It depends on your supplement. In the Atlantic Area, for instance, we are directed to take our lunch between the 4th and 6th hours with the following exceptions; vehicle breakdown, or if someplace to eat is not accessible, in which case the meal period can be mutually agreed upon, ie, the local gas station parking lot or the building.

Assuming that your supplement allows for no such exceptions, then I would agree that you have a valid grievance.

 

[1989]

I know a half dozen drivers that wish they just got a warning letter. Do you want a second warning letter saying you didn't take lunch at the right time too? Why can't you follow the contract?

 

[New Englander]

I know a half dozen drivers that wish they just got a warning letter. Do you want a second warning letter saying you didn't take lunch at the right time too? Why can't you follow the contract?

I'm new so I don't want to come off harsh here but are you really this dense? Or just trying to give me a hard time?

I DO take my lunch at the correct time, between the 4th and 5th.

One last time for you. Do follow please.

How on earth can they decide to give warning letters based upon just one facet of the entire situation.

If they don't care when the lunch is taken then they can't possibly go after us for not taking one if they are not going to enforce the whole thing.

I am saying that if you are going to force us to enter a lunch then you need to follow and enforce when it says as well.

 

[1989]

I'm just saying, It could be worse. Many states have lunch laws but not laws stating times in which to take them. You maybe braking state law. Washington state for instance, you must take at least 30 min between the 2nd and 5th hour of work. And an additional 30 min if you work over 11 hours. (which you can waive if you sign a waiver) If you don't follow this law you will be fired.

 

[browniehound]

No one has answered my question or even given any thought to it.

I have been issued my warning letter to work as directed and take my lunch.

My point is this:

The contract states we are to take a lunch.
The contract states when we are to take the lunch.

How can the company issue warning letters for failing to take a lunch when they care less when it is taken? I feel like grieving my letter based upon that fact. They shouldn't be able to enforce just PART of the equation. The part that suits them and turn the blind eye to the routes improperly written that guys run it to the end on.

If drivers are allowed to take their lunches at the end of their shift either at the local gas station parking lot or building it is essentially not a lunch. It is only being done to oblige management.

New Englander,

I understand where you are coming from. The company REQUIRES us to take an hour lunch here in New England. The contract also states that it will be taken between the 4th and 6th hour and its to be uninterupted.

Well, since the lawsuit we now have two spaces in the DIAD to put lunch time in, presumably so if you can't finish deliveries before pick-ups you can finish you lunch at the end and enter that time in the "2nd lunch" area.

Here is where I'm with you NE, the company can't have its cake and eat it too. They either have to set up the routes to allow for 1 hour uninterupted or pay us for the portion of lunch that we didn't take.

What other friggin company in the entire world asks their employees to split their lunch break? Seriously, what is this nonsense? We are expected to sit in a dark, cold parking lot at 7 pm to finish our lunch break???? Good grief!

If we want to be paid what is owed to us, I guess we must do it. I do think its ridiculous. This is why I have great respect for the drivers on 100% commercial routes that stop exactly 1 hour prior to pick-ups. If they have deliveries left, the call the center informing them what will be missed if help isn't sent. This is the way it should be.

Now, New Englander, I want an answer to my question. Why is there two spots in the DIAD to enter lunch break? I don't know about you, but I don't know anybody who eats two lunches. Explain this to anybody in the "real world" and you would get a perplexed look.

The company has the technology to know who is cheating them. Pay us for what we take and don't make me sit at 7-11 when its -10 degrees at the end of the night.

 

[longlunchguy]

Longlunchguy, you said you don't make bonus, therefore you think it's straight time. Pick up the pace, make an hour bonus then look at your stub. It's not really a bonus anyway. You're not getting paid extra, just getting paid for the load but doing it in a shorter time span.

PICK UP THE PACE! I didn't say I've never recieved bonus, I just PREFER overtime, since here in South Fla our bonus is paid at straight time. I know lots of guys who run all day in a race to get home. I prefer to work my route by the proper methods, take my lunch, and win the make more $$ race. As for picking up the pace.... I'll try .....on my way to the bank on fridays

 

[browniehound]

Explain this to anybody in the "real world" and you would get a perplexed look.

The company has the technology to know who is cheating them. Pay us for what we take and don't make me sit at 7-11 when its -10 degrees at the end of the night.

Actually, explain this to managers and CEOs of other companies and they will know why UPS does it. What I think they will be perplexed about is why UPS treats its employees this way.

Many of the companies I deliver to have gyms, showers, refridgerators stocked full of goodies, cappochino and expresso machines, Kuerig coffee makers, free snacks,etc.

At UPS, we get to sit at Mcdoanlds at the end of a long day to recieve the pay we deserve.

 

[New Englander]

Absolutely browniehound.

I've been served with my failure to work as instructed warning letter on the lunch issue.

Though we STILL have plenty of guys who either take it at night or take partial lunches and only enter partial lunches.

I have been instructed to take my full lunch. My push is that if I've been given the written warning, every damn other driver in my building better be being told the same or I want the letter removed from my file.

I still fully stand behind the fact that we can not be forced to take our full lunches as the contract states if they allow it to all be taken at the end of the shift.

That is not a lunch. I'm on Vacation but when I get back I'll bring the steward up to the center manager and tell my intentions to file if I do not get the letter removed based upon what I've said here.

 

[soberups]

People lose sight of the INTENT of the contract language and the real reason behind the lawsuit.
The INTENT of the contract language is to ensure that UPS does not load up a route with businesses to a degree that forces the driver to take a lunch at the end of the day. The driver is ENTITLED to take his lunch in the middle of the day like any other human being.
The lawsuit was about the fact that UPS was basically forcing drivers to work off of the clock. UPS has never cared whether or not you actually take a lunch break; their only concern is being able to screw you out of an hours pay.
If I have a school function or other event to attend in the evening, I will take a 5 minute lunch and put that amount into the DIAD. No falsification of records; no working off of the clock; I am being honest and being paid for all hours worked, per the contract.

 

[1989]

People lose sight of the INTENT of the contract language and the real reason behind the lawsuit.
The INTENT of the contract language is to ensure that UPS does not load up a route with businesses to a degree that forces the driver to take a lunch at the end of the day. The driver is ENTITLED to take his lunch in the middle of the day like any other human being.
The lawsuit was about the fact that UPS was basically forcing drivers to work off of the clock. UPS has never cared whether or not you actually take a lunch break; their only concern is being able to screw you out of an hours pay.
If I have a school function or other event to attend in the evening, I will take a 5 minute lunch and put that amount into the DIAD. No falsification of records; no working off of the clock; I am being honest and being paid for all hours worked, per the contract.

Which lawuit and when are you refering to sober? I have never worked off the clock. Well almost, sometimes I scan the car barcode and put in my miles when I put my lunch in the car. Before my start time.

 

[New Englander]

People lose sight of the INTENT of the contract language and the real reason behind the lawsuit.
The INTENT of the contract language is to ensure that UPS does not load up a route with businesses to a degree that forces the driver to take a lunch at the end of the day. The driver is ENTITLED to take his lunch in the middle of the day like any other human being.
The lawsuit was about the fact that UPS was basically forcing drivers to work off of the clock. UPS has never cared whether or not you actually take a lunch break; their only concern is being able to screw you out of an hours pay.
If I have a school function or other event to attend in the evening, I will take a 5 minute lunch and put that amount into the DIAD. No falsification of records; no working off of the clock; I am being honest and being paid for all hours worked, per the contract.

I have been told that I am to take my full lunch, no partial ones. As my warning letter was "a failure to work as directed" I have to be careful on that one.

To this day I still pester management about what they are going to do about the partial lunch guys only putting what they take and essentially going home earlier then I can.

Fair is fair. We are all equal in the Union on everything but seniority.

 

[1989]

I have been told that I am to take my full lunch, no partial ones. As my warning letter was "a failure to work as directed" I have to be careful on that one.

To this day I still pester management about what they are going to do about the partial lunch guys only putting what they take and essentially going home earlier then I can.

Fair is fair. We are all equal in the Union on everything but seniority.

Demand to get the lunch software...Nomore warning letters...Only terminations.

 

[New Englander]

Demand to get the lunch software...Nomore warning letters...Only terminations.

Hey...I'm not for or against the lunch.

My beef is that I've been singled out on this at my center and well.....tried to be made an example of.

My point is.....and I'm hoping it's correct - the warning letter needs to go away as it is clearly at this point something that other drivers are still doing.

 

[1989]

Hey...I'm not for or against the lunch.

My beef is that I've been singled out on this at my center and well.....tried to be made an example of.

My point is.....and I'm hoping it's correct - the warning letter needs to go away as it is clearly at this point something that other drivers are still doing.

You maybe right, but I think those are two different issues. Taking a lunch...Taking a late lunch...Good luck tho.

 

[Forty6and2]

Ever since that lawsuit was settled in Ca. we started not taking lunch but we were getting paid for that hr. Of course all good things must come to an end when working for UPS. They now instructing everyone that you must take an hour lunch. So we like to push the envelope a little bit about 30 guys didn't take lunch. It was pretty funny seeing everyone line up in the office receiving verbal warnings for failing to follow instructions. Anybody else have this going on.

lets pretend for a minute that about 20 guys (mostly part-time air drivers & part-time cover drivers and a few full-time drivers) didnt take their lunches on the day after thanksgiving because it was such a clusterf...

would they be more likely to write up an employee who didn't take a lunch, or would they be able to fire the employee for not working as directed?

 

[UpstateNYUPSer(Ret)]

lets pretend for a minute that about 20 guys (mostly part-time air drivers & part-time cover drivers and a few full-time drivers) didnt take their lunches on the day after thanksgiving because it was such a clusterf...

would they be more likely to write up an employee who didn't take a lunch, or would they be able to fire the employee for not working as directed?

Working for hours the day after Thanksgiving does not require that a lunch be taken; however, if you requested the 8 hour guarantee than a lunch must be taken.

 

[UPS Lifer]

Each state may have laws to protect all employees such as California. These laws supersede the contract. In CA if you work 6 hours it is mandatory to take at least 1/2 hour lunch .... where the second lunch comes in is at the 12 hour mark. If you work 12 hours in CA you are required to take at least an additional 1/2 hour lunch. So if you work 12 hours you have to take a full hour per California state law.

Also - hours worked over 12 are paid at double time rate per state law.

 

[BigBrownSanta]

Working for hours the day after Thanksgiving does not require that a lunch be taken; however, if you requested the 8 hour guarantee than a lunch must be taken.

...not necessarily true. It (like everything else at UPS) depends on your location.

I have only requested an 8 hour day once on the day after Thanksgiving. I ended up working 12 hours that day. I guess they were trying to punish me for asking for the guaranteed 8 hours. I worked the unload, loaded the trucks, delivered all day, all over the place, and made OCA and letterbox pickups. When I got back, I asked the sup if I needed to take my lunch. I think he really wanted to go home, so he told me no and coded me as "hours only", no lunch.

 

[Forty6and2]

lets pretend for a minute that about 20 guys (mostly part-time air drivers & part-time cover drivers and a few full-time drivers) didnt take their lunches on the day after thanksgiving because it was such a clusterf...

would they be more likely to write up an employee who didn't take a lunch, or would they be able to fire the employee for not working as directed?

so can someone answer my question?