On Topic: UPS attempting to terminate newer driver after filing grievances

10 point

Well-Known Member
Do you think it fair to your employer that you wait until the 59th minute of your 60 minute lunch break to spend the next 10 minutes in the rest room? By the time you get back to your pkg car, retrieve the DIAD from the cargo area and start the car, it is closer to 15 minutes of no work activity while on the clock.
When you eat at Taco Bell you can let loose anytime thereafter.
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10 point

Well-Known Member
The target was already on my back even before I filed the very first grievance, if you read what I wrote. I decided to begin exercising my rights under the union contract because I was "already being harassed" and I was hoping in doing so the harassment would come to a halt.

And under federal law specific to the Fair Labor Standards Act, it provides that it is illegal for an employer advise an employee to clock out to use the restroom. “Restroom periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked." Sometimes these durations of time can be extended if an employee has a disability, referred to as "Discrimination without reasonable accommodation."
Get a note from your doctor about temporary incontinence and file labor charges.
 

10 point

Well-Known Member
Uh...no.

I employ common sense and try to evaluate an issue from both sides.

This kid was clearly stealing time.
Count the years he's said he worked in society. He's not a kid and you are often wrong in your condemnation of others that don't think or work like you do.
Go into supervision and get it over with please.
 

hellfire

no one considers UPS people."real" Teamsters.-BUG
Why don't you use the bathroom like a normal person? 50 clicks under is still pretty good.
Should I go in some strangers house and whip out my lower unit? 100 percent resi, nearest public crapper is at best 40 mins away.
 

Analbumcover

ControlPkgs
Yeah, see that's what I used to do. Drive to a bathroom well out of my way but I was thinking I was doing the company a favor by just going quick BEFORE I clocked out for my 30 minute lunch at where ever I ended up eating. If I were to clock then go I'd only have 20 minutes to order, wait, and eat my lunch. Never have taken a 60 minute lunch before but it sounds like something I should begin doing so I have ample time to take care of everything.

Don't think that anything you do at this job will be doing the company a favor.
 

Overpaid Union Thug

Well-Known Member
The OP (assuming he gets his job back), and the others here that have been stating inaccurate information concerning restroom breaks should really take a look at the following links.

Wage Lawyer Answer: Can My Job Clock Me Out When I Go Potty?

29 CFR 785.18 - Rest.

elaws - employment laws assistance for workers and small businesses


When You Gotta Go |


There are plenty of other links out there on the web so feel free to research for yourselves.

The OP @OrlandoCitySC clearly needs to learn how to play these games with management and when not to. Knowing the laws and our contract is the key. I suggest that you avoid using the restroom (paid) as an extension (before or after the unpaid break begins) of your breaks whenever possible. But you DO NOT have to clock out whenever you randomly stop to go to the restroom. And you are covered (by law) up to 20 minutes for those stops but I highly suggest you send a message via the DIAD letting the center know that you'll be idle for a restroom break. That is to CYA. Always let them know if you will be idle and for what reason. Yes, you can pee in empty bottles instead of breaking off each and every time you need to go but you do not have to (see link "When You Gotta Go" above). I'm guilty of that myself. I will only break off to drop a deuce though. In the winter months if I broke off every time I had to pee I'd spend a third of the day driving back and forth to the restroom. LOL!

And another thing I suggest is that you add any time to a break that you run over. For example....if you have already exhausted your one hour lunch and for whatever reason you get delayed (like getting the sudden urge to drop a deuce or talking to someone you know that shows up as your break is ending) just stay clocked out. It's better to run over your break unpaid then risk getting canned for stealing time. That should be obvious to you by now.


As far as how to handle the harassment.....thats a whole other thread.
 

Overpaid Union Thug

Well-Known Member
If this was actually the case...just imagine the reduction in your workload.
LOL! I actually had that statement in there too but edited it out. I'd probably only do that if they messed with me on this very issue. It would be an excellent way to show the jerks what they COULD be dealing with and that there would be nothing they could do about it. With ORION I think this issue will come up allot more. If so we definitely have the ability (backed by law) to make them back off.
 

Rick Ross

I'm into distribution!!
How is driving the package car considered being on break again?

You guys are quoting CDL driver break regulations when it comes to relieved of all duties.

I think you better read up on the non-CDL using the 150 mile air mile radius exception before getting into a pissing contest with management.

Not saying you are 100% wrong but when reading it there is enough uncertainty to make me not push it with management.
 
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