Punch out prior to extra work

Discussion in 'UPS Union Issues' started by ThatsLogistics, May 7, 2019.

  1. ThatsLogistics

    ThatsLogistics New 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!
     
  2. Feeder665

    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.
     
  3. zubenelgenubi

    zubenelgenubi Well-Known Member

    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.
     
    Last edited: May 8, 2019
  4. Indecisi0n

    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 .
     
  5. lolbr

    lolbr Active Member

    Article 40 section 1:
     
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  6. ThatsLogistics

    ThatsLogistics New Member

    It’s 30 minutes to an hour

    We only get a 10 minute paid break so that wouldn’t fill the gap.
     
    Last edited: May 8, 2019
  7. 542thruNthru

    542thruNthru 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.
     
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  8. zubenelgenubi

    zubenelgenubi Well-Known Member

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

    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.
     
  9. ThatsLogistics

    ThatsLogistics New Member

    Can they force a lunch break on an under 8 hour driver?
     
  10. 542thruNthru

    542thruNthru 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.
     
  11. Indecisi0n

    Indecisi0n Well-Known Member

    Why are you using your break for their benefit?
     
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  12. zubenelgenubi

    zubenelgenubi 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.
     
  13. 542thruNthru

    542thruNthru 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.
     
  14. zubenelgenubi

    zubenelgenubi Well-Known Member

    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.
     
  15. zubenelgenubi

    zubenelgenubi Well-Known Member

    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.
     
  16. Indecisi0n

    Indecisi0n 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.
     
  17. 542thruNthru

    542thruNthru Well-Known Member

    Mmm I love it when you talk shop.
    EsteemedEvergreenFlyingsquirrel-small.gif
     
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  18. just chillin'

    just chillin' Rest in peace wooba

    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
     
  19. Feeder665

    Feeder665 Go big or go home!

    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.
     
  20. 542thruNthru

    542thruNthru Well-Known Member

    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.