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

[sandwich]

Uh...no.

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

This kid was clearly stealing time.

Your common sense is misguided. Also most of the time incorrect when actually pertaining to labor laws or contract language.

 

[sandwich]

I have lost count of how many restrooms I have access to throughout the day.

That's YOU. We don't all run YOUR route.

Again your "common sense" is strange.

 

[Mugarolla]

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.

Incorrect.

Does anyone actually punch out to use the bathroom? Never heard of that...

Some do, but you do not have to, unless you are on your lunch or break.

Technically if you stop at Taco Bell just to take a leak you are supposed to either be on a paid break or unpaid meal break.

Incorrect.

If you're already on break or getting ready to take break its kind of stupid to add that time onto the beginning or end and have it be paid for. You're asking for trouble. Which is what the op seemed to be doing.

This is where they got him. You cannot go into Taco Bell, take a dump on the clock and then start your meal and take your full hour. If you are just going in to take a dump, you do not need to clock out.

If you are going in to take a dump and take your lunch, you need to clock out before you leave your package car.

If you have a delivery, you then need to clock out inside Taco Bell before you take your dump and then your meal.

However if I have to piss or take a quick dump no way I'm taking any break. If it's going to be over 5 minutes which I find a bit excessive then I'll take some break.

Even if it is 10 minutes, you do not need to take break time, as long as that is all you do. If you stand in line and order a drink after your bathroom break and did not clock out, that is stealing time.

It's stupid to clock out for 2-3 minutes to use the restroom.

No need to, if that is all you're doing.

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

Correct. And they also got him for taking a 10 minute dump on the clock and then immediately clocking out for lunch.

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.

If you are dumping coinciding with you meal, yes, it must be done while clocked out. If you dump an hour before lunch, or an hour after, you can do it on the clock.

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.

Correct. If it is done close to your lunch, you should do it during your lunch or you are asking for trouble. if it is hours apart, not so much.

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.

Correct.

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.

Once is not a problem. Everyday is a problem.

And the FLSA does not cover going into Taco Bell, taking a dump on the clock, then going on your lunch.

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

Correct.

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.

Incorrect.

If you go into Taco Bell to take a dump, and then leave without taking your lunch then no, you do not have to clock out.

If you go into Taco Bell to take your lunch, but take a dump before clocking out, you are not covered under the FLSA of 1938.

Again, the FLSA covers you if you go into a business to take a leak/dump. You can do it on the clock.

Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked.

But, if you go into a business to take your meal, the FLSA does not cover you for taking a 10 minute dump on the clock and than clocking out for lunch. Or taking your full hour lunch and then using the rest room on the clock immediately after your lunch.

Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

 

[watdaflock?]

This is one of those times where all of the monthly fees you paid to the union will get you your job back.

I have complete confidence in my union rep and his ability to punch thousands of holes in their BS attempts to fire me but I'm still shocked at UPS' behavior.

Some people are a-holes and have management positions.

 

[watdaflock?]

Cool at least im not old and ugly as

But you are a goof. So ya got that going for ya, which is nice.

 

[WorknLateHuh]

First of all, you're lucky you were in the bathroom for only 10 minutes after eating Taco Bell rather than the normal 20 minutes.

You saved the company money

 

[burrheadd]

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."

Drop that on them at the hearing

Then Tellem you want back pay

 

[OrlandoCitySC]

Uh...no.

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

This kid was clearly stealing time.

Sounds like you are in the minority here, Dorothy.

 

[OrlandoCitySC]

Drop that on them at the hearing

Then Tellem you want back pay

I totally plan on it.

 

[IVE GOTTA PACKAGE 4U]

The moral to this story is....

If you are going to file grievances, you better bring your "A" game.

 

[UpstateNYUPSer(Ret)]

Sounds like you are in the minority here, Dorothy.

Perhaps but I'm not the one sitting at home waiting for the chance to convince a group of strangers that your decision to take a dump on the clock was a wise one.

Maybe you should start a GoFundMe page.

 

[By The Book]

Never have taken a full hour before since working for UPS. I was told lunch breaks are 30 minutes. No Bingo!

My question to you is, did you take a break before you went in to use the bathroom and then take your lunch. The reason I say it this way is if you are entitled a 10 min rest period within the first 4 hours and don't take them, this would account for the 10 minutes of so called stealing time.

 

[By The Book]

The moral to this story is....

If you are going to file grievances, you better bring your "A" game.

Then again some people like to poke the bear.

 

[OrlandoCitySC]

Do you even need to wait for the letter? File now.

Just received the letter literally five minutes ago. My union rep is filing grievance(s) now.

 

[IVE GOTTA PACKAGE 4U]

Then again some people like to poke the bear.

With that attitude he is going to get his ass handed to him at the hearing.

 

[UpstateNYUPSer(Ret)]

Just received the letter literally five minutes ago. My union rep is filing grievance(s) now.

What is the basis for your grievance?

 

[OrlandoCitySC]

My question to you is, did you take a break before you went in to use the bathroom and then take your lunch. The reason I say it this way is if you are entitled a 10 min rest period within the first 4 hours and don't take them, this would account for the 10 minutes of so called stealing time.

No I did not take any breaks prior to using the restroom. I was working all the way up until I used the restroom and then immediately after washing my hands after going to the restroom, I clocked out and went to lunch for 30 minutes on the dot. Then began working again.

 

[By The Book]

What is the basis for your grievance?

The timing of the discipline.

 

[BigUnionGuy]

The moral to this story is....

Don't vote for Fred.


We have seen the bathroom issues, his running mate contends with.


If his running mate can't preform a (minimal) perfunctory skill of cleaning them....

OMG



-Bug-

 

[UpstateNYUPSer(Ret)]

The timing of the discipline.

...but not the accusation that he was stealing time...?