Punch out prior to extra work

Can the company make a part time air driver punch out while waiting to take an air shuttle? Example: You've already made your guarantee but are waiting to take an air shuttle. Thanks!
 

Feeder665

Go big or go home!
Not unless you have 10 hours off between shifts, no.

Edit: Though I should clarify that if it’s to punch out of part-time clock, and punch into a diad, then yes.
 

zubenelgenubi

Well-Known Member
Can the company make a part time air driver punch out while waiting to take an air shuttle? Example: You've already made your guarantee but are waiting to take an air shuttle. Thanks!

Ultimately you should check with your steward or BA, but I can tell you how it would work in my situation.

How long are you waiting? Ten minutes? A half hour? Three hours? It depends on your state law, and your supplemental or rider may have language that addresses the issue too. In my state, they would have to pay me for waiting ten minutes. They could code me for a lunch if it were a half hour to an hour and I was working 6 hours or more that day and I was able to attend to personal business/leave the property.

Any longer than that it could be seen as a split shift and you could be told to punch out. The question then becomes, will UPS see it as a separate shift, and pay you OT for your sixth shift of the week? So, yeah, check with your local.
 
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Indecisi0n

Well-Known Member
No , they cannot . If they demand you to (which for sheep they might) punch out , turn off phone and go home. They can't get you for job abandoned if you're off the clock .
 

542thruNthru

Well-Known Member
It’s 30 minutes to an hour

We only get a 10 minute paid break so that wouldn’t fill the gap.

In my opinion that's not your problem. You have seniority, you're available. It's your extra work. Tell them if they don't want you sitting around you can sweep floors load truck whatever they want but you're on the clock.
 

zubenelgenubi

Well-Known Member
In my opinion that's not your problem. You have seniority, you're available. It's your extra work. Tell them if they don't want you sitting around you can sweep floors load truck whatever they want but you're on the clock.

They may be able to force him to take a lunch break, though.

Article 40 section 1:

If they made him take a lunch break, they couldn't require him to stay at the center. He would be free to run personal errands or go grab a bite.
 

zubenelgenubi

Well-Known Member
He's said his guarantee so I'm guessing 3.5 hours. Depending on his supplement/rider he may not have too even if they said too.

But he didn't mention how long the air shuttle was. In my state it's required to take a half hour lunch if your shift will be 6 hours or more. The master doesn't prohibit UPS from forcing a lunch, as long as the OP was not required to just sit and wait at the center. If he didn't want to return after a break, the shift would go to the next person in line.
 

542thruNthru

Well-Known Member
But he didn't mention how long the air shuttle was. In my state it's required to take a half hour lunch if your shift will be 6 hours or more. The master doesn't prohibit UPS from forcing a lunch, as long as the OP was not required to just sit and wait at the center. If he didn't want to return after a break, the shift would go to the next person in line.

If he was going to go over 6 hours yes he'd be required to take a lunch. My state says the same thing but it also has CBAs as a exemption. The CBA also doesn't say UPS can force us the take a lunch when they choose.

Our supplement says between the 4th-6th hour.

I'm not saying it's a slam dunk win but its arguable and I would have declined to take a lunch. We've had the company tell us to take a lunch when we were broke down before and we refused. This seems close to the same thing to me.
 

zubenelgenubi

Well-Known Member
If he was going to go over 6 hours yes he'd be required to take a lunch. My state says the same thing but it also has CBAs as a exemption. The CBA also doesn't say UPS can force us the take a lunch when they choose.

Our supplement says between the 4th-6th hour.

I'm not saying it's a slam dunk win but its arguable and I would have declined to take a lunch. We've had the company tell us to take a lunch when we were broke down before and we refused. This seems close to the same thing to me.

The correct answer depends on details that we don't have. The difference between a break down and this situation, however, is that you are required by circumstances to stay with the vehicle. You are serving the company's interests, so you should stay on the clock.
 

zubenelgenubi

Well-Known Member
Can they force a lunch break on an under 8 hour driver?

You will be better served asking a steward in your center, since he or she will know the rules and precedence concerning your situation. I'm assuming you'd rather have the paid time, so it couldn't hurt to just ask to stay on the clock and be given something to do while you wait.
 

Indecisi0n

Well-Known Member
But he didn't mention how long the air shuttle was. In my state it's required to take a half hour lunch if your shift will be 6 hours or more. The master doesn't prohibit UPS from forcing a lunch, as long as the OP was not required to just sit and wait at the center. If he didn't want to return after a break, the shift would go to the next person in line.
They can't force you to go on lunch .Well they try here but it doesn't work .I broke down and was told to take lunch while the mechanic drove out to me (40 mins) which I quickly refused . They didn't say anything else about it.
 

542thruNthru

Well-Known Member
They can't force you to go on lunch .Well they try here but it doesn't work .I broke down and was told to take lunch while the mechanic drove out to me (40 mins) which I quickly refused . They didn't say anything else about it.

Mmm I love it when you talk shop.
EsteemedEvergreenFlyingsquirrel-small.gif
 

just chillin'

Rest in peace wooba
Tell them if they don't want you sitting around you can sweep floors load truck whatever they want but you're on the clock.
wouldn't working out of classification just cause a different set of problems? if im a porter id be damn sure to grieve any driver pushing a broom. down time is down time. let him do safety assessments on the computer over and over
 

Feeder665

Go big or go home!
wouldn't working out of classification just cause a different set of problems? if im a porter id be damn sure to grieve any driver pushing a broom. down time is down time. let him do safety assessments on the computer over and over

I’d work as instructed first, to avoid myself being disciplined...then walk right over to the affected worker and give them the information of what I worked so they can file. Not much else you can do.
 

542thruNthru

Well-Known Member
wouldn't working out of classification just cause a different set of problems? if im a porter id be damn sure to grieve any driver pushing a broom. down time is down time. let him do safety assessments on the computer over and over

It could depending on where you're at and what your language might say. Those were just examples. I'm sure they could find something for him to do is my point.
 
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