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

[HEFFERNAN]

1. Stay strong. They have a weak case and will hold it over your head for a couple weeks. Listen to your union officials.

2. 99% of the time, you can go to the bathroom on the clock and it's fine. Knowing your being watched, I suggest you take your lunch dumps within the " whole hour " your off for lunch. Their observations make it look like you're taking ten minutes more than your suppose to.

3. The bathroom time has always been a gray issue. You asked for trouble by obviously doing it after or before your "lunch". Your BA will suggest you stop that.

 

[Brownslave688]

Bingo!

He was taking his full hour and then using the rest room which is technically stealing time.

I think he will get his job back but it's pretty stupid to do it this way. If you're adding 10 minutes to break on purpose it's stealing time. If you don't see anything wrong with it you're just not to bright.

 

[Overpaid Union Thug]

Sounds like the OP, as well as his steward, Dave, and some others here need to brush up on the contract and labor laws that pertain to restroom breaks.

And I know each and every person in this forum has finished a break and had the sudden urge to go to the restroom. At least once. Well guess what.... Labor law covers that.

 

[UpstateNYUPSer(Ret)]

Sounds like the OP, as well as his steward and Dave, needs to brush up on the contract and labor laws that pertain to restroom breaks.

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.

 

[HEFFERNAN]

Sounds like the OP, as well as his steward, Dave, and some others here need to brush up on the contract and labor laws that pertain to restroom breaks.

And I know each and every person in this forum has finished a break and had the sudden urge to go to the restroom. At least once. Well guess what.... Labor law covers that.

The problem is that he was observed doing it EVERY DAY. They have a case.

 

[OrlandoCitySC]

Huge wall of text but I think I know what is going on here.

Technically they are correct in that if you stop at a place of business open to the public for the sole purpose of using the restroom that you need to do so either while on one of your paid breaks or during your unpaid lunch break.

Technically the termination appears to be justified.

Is it retaliation? Absolutely.

You put a huge target on your back and they hit the bulls eye.

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."

 

[HEFFERNAN]

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."

It doesn't matter if you were in the bathroom or sitting at a table. You were inside Taco Bell for an hour and ten minutes while being punched out for an hour. That is what they're getting you on, not your lack of timely bathroom breaks.

They are going to use those technicalities to fire you if you don't change the way you do it. Just some advice for a "newer" driver.

 

[UpstateNYUPSer(Ret)]

These rules were intended for an employee working in a static environment with limited access to restrooms provided by the company.

You have access to rest rooms throughout the day.

Personally I time my restroom breaks to where I am in a public facility.

I poop at home.

I have never punched out solely to use the restroom.

 

[OrlandoCitySC]

Furthermore, while I was qualifying for the 30-day period and also before that driving during peak delivering every On-Car Supervisor who rode with me, even the one who began harassing me after I became full-time permanent would use the restroom several times per day at a place we just delivered to "on the clock" whether it was a restaurant, fast food chain, any other business and that included just prior to a lunch break. But now all of a sudden it was a problem because they're looking for anything they could find to use as an excuse to terminate my employment.

And something else I forgot to mention was that I was helping other new driver's understand the rules for getting on the 9.5 list, signing up to cover routes and how to file grievances because they were also being harassed who were either just above me on the seniority list or right below below me and UPS did not like me educating them so all this is is trying to make an example out of me. Another driver in our center years ago threw a punch (and missed) at a Center Manager and didn't even lose his job. So this to me is just some made up bull.

 

[ibleedbrown]

sounds like you are in a sh@#*^ situation.

 

[G.V. Rush]

No one is preventing you from taking a leak.

The discussion here is whether you can take a leak on company time.

You can. Gatorade bottle in the back of truck. Solved. Next one please

 

[Brownslave688]

So you sit down at Taco Bell and enjoy your lunch when at the 59:00 mark you suddenly realize that you have to take a leak?

Yes, it is ticky tack, but the company was technically right.

No I'm more saying what if you've taken your full lunch and 30 minutes later you have to use the restroom. Or 2 hours.

I really don't like it because it screws up my rhythm but I often have to use the restroom shortly after I get up and start moving again for work but not while sitting there on brek

 

[OrlandoCitySC]

It doesn't matter if you were in the bathroom or sitting at a table. You were inside Taco Bell for an hour and ten minutes while being punched out for an hour. That is what they're getting you on, not your lack of timely bathroom breaks.

They are going to use those technicalities to fire you if you don't change the way you do it. Just some advice for a "newer" driver.

I'll definitely change the way I do it when I get back to work. But like I said, I figured I was saving them time, money and fuel by trying to hold it as long as possible and then just going quick before lunch. And what's a 60 minute lunch break, never had one of those since working for UPS. Only 30 minutes. If I had a full hour I would never need to use the bathroom while clocked in unless out in the rural areas.

 

[OrlandoCitySC]

You can. Gatorade bottle in the back of truck. Solved. Next one please

How many turds can you fit in a Gatorade bottle on a high fiber diet?

 

[G.V. Rush]

How many turds can you fit in a Gatorade bottle on a high fiber diet?

That's what the plastic bag you get from the liquor store is for. Or a DR bag. TTKU

 

[UpstateNYUPSer(Ret)]

Your on car using the restroom while you were making the delivery would have been no different than if you had asked him to do the same for you.

We have already established that you're termination was retaliatory in nature. Doesn't make it any less stressful for you.

You are somewhat lucky in that Peak is right around the corner and they will need every body that they can get.

Termination reduced to a time served suspension, no back pay.

 

[OrlandoCitySC]

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.

Never have done that how you explain it and it's not what I wrote. That would be stupid to do what you are describing.

 

[UpstateNYUPSer(Ret)]

That's what the plastic bag you get from the liquor store is for. Or a DR bag. TTKU

28 years and I have never crapped or pissed in a bottle.

Side of the road? Well.....

 

[UpstateNYUPSer(Ret)]

Never have done that how you explain it and it's not what I wrote. That would be stupid to do what you are describing.

That's the way that I and several others read it.

 

[G.V. Rush]

28 years and I have never crapped or in a bottle.

Side of the road? Well.....

Piss in a bottle in a bag. This is great forum btw