Supervisors running through break and "forgetting" to tell me about my break

I'm sick of this. This has happened in the past as well. Supervisors run through break and tell us they'll give us "individual" break. It happened in the past where I thought they would come and tell me to take my break but I learned my lesson a while ago to always tell them I'm taking my break. I always have to leave my trailer and tell my supervisor I'm taking my 10 mins and they always reply with "are you clean?" I always respond I don't care I'm taking it and just walk away.

Today I wanted to see if my supervisor would come and tell me to take my break and of course he didn't. The 10 mins is not worth it. I'm getting sick of them lying to me and others.
 

jace1319

Well-Known Member
My best advice is to set your break to a certain time. that way everytime it hits that time you'll take your break. Once the supervisor adjust to that change. he'll know its your break time whether he's busy or not. Plus you are guarantee up to a 10 min break it doesnt necessary have to be 10 mins. just saying..
 

UPSrookie

Member
I use to have that happen to me all the time. In fact it wasn't uncommon for certain sups to tell everyone in their area "Work through Break", and that was the end of it, with only an additional 10min pay at the end. However, it no longer happens and I'll give you some good advice that I guarantee if you follow, will not happen to you again. 1) Go to google and type in your state name followed by labor law (ie. [State] labor law) each state has their own .gov website that deals with labor and unfair treatment. 2) look for what the law says regarding breaks. In my state you are required by law to have a 10min break after 3.5 hours work or else you are entitled 1hr EXTRA pay for each day you work without a break. 3) write the code for the law [ie. Section X.X.X]. 4) The next time they tell you to work through break, work through break and dont say a word. The following day that you show up to work and see your time sheet, circle your time write "+1 hr work of pay for not having a break as required by [State] labor law Section X.X.X]. I guarantee, theyll never cheat you from your break, and by the way dont back down as far as your extra 1hr pay, its The Law. Of course you can talk to your shop steward and so forth, but State law supercedes any union rule, employer rule, etc. The way it works at UPS is that people that dont say anything will always be cheated with their time, be it by taking minutes away from start time, modifying your time when you clock out, working you through break, telling you a start time but then having your clock in time show a later time, and so on.
 

UpstateNYUPSer(Ret)

Well-Known Member
I can't speak for the preload but I know on the metro they all take their break together. The sup makes an announcement when break starts, gives a two minute warning and then a return to work announcement. There is no confusion and it seems to work well for all involved.
 

over9five

Moderator
Staff member
I can't speak for the preload but I know on the metro they all take their break together. The sup makes an announcement when break starts, gives a two minute warning and then a return to work announcement. There is no confusion and it seems to work well for all involved.

Here, all the belts turn off for break.
 

UnconTROLLed

perfection
Bruised legs,

File a grievance. Plain and simple, there is language to protect your 10 minute break. It is unethical and illegal, nevermind breaking the contract agreement. However there is no reason to look up labor laws in this case. The grievance, assuming it's worded properly and comprehendable, will be more than enough.

The 10 minutes IS worth it, maybe not to you, but to your co-workers. Someone needs to stand up to the unethical practices of your management team.
 

grgrcr88

No It's not green grocer!
Bruised legs,

File a grievance. Plain and simple, there is language to protect your 10 minute break. It is unethical and illegal, nevermind breaking the contract agreement. However there is no reason to look up labor laws in this case. The grievance, assuming it's worded properly and comprehendable, will be more than enough.

The 10 minutes IS worth it, maybe not to you, but to your co-workers. Someone needs to stand up to the unethical practices of your management team.


I agree partly, you should file the grievance and go thru the proper channels for that, but I would also look up your states labor laws. If your state does allow for a 1hr penalty pay for being cheated out of break time, I would include that in your grievace. You are entitled to it and should get the pay. in fact I would go back as far as you can remember and try to get the hour for everyday you were not allowed the break.
 

UpstateNYUPSer(Ret)

Well-Known Member
I agree partly, you should file the grievance and go thru the proper channels for that, but I would also look up your states labor laws. If your state does allow for a 1hr penalty pay for being cheated out of break time, I would include that in your grievace. You are entitled to it and should get the pay. in fact I would go back as far as you can remember and try to get the hour for everyday you were not allowed the break.

If the break time is not documented either by mgt or by hourlies on the same shift, wouldn't grieving for past missed breaks come down to he said/she said?
 

UnconTROLLed

perfection
I agree partly, you should file the grievance and go thru the proper channels for that, but I would also look up your states labor laws. If your state does allow for a 1hr penalty pay for being cheated out of break time, I would include that in your grievace. You are entitled to it and should get the pay. in fact I would go back as far as you can remember and try to get the hour for everyday you were not allowed the break.

Shouldn't our union leadership be well aware of what labor laws are applicable? Sad,a ctually.
 

washington57

Well-Known Member
i can't believe this post.

you get a break at 3 hours no matter what. don't listen to your supervisor if he tries to tell you that you can't take it. just do it. you are entitled to it.
 

fxdwg

Long Time Member
But...what about your business?

What if a hard point is established that (say 10:00am) is your break time, what is wrong with working through it and taking it later/earlier depending upon conditions?

I guess that is the classic Labor/Management question at UPS and other represented companies.

Is there no flexibility from Labor on trivial items like 10 minutes? (The assumption here is that the relationship with mgmt. is good---not: I took 0.4 minutes to walk to the Break area, so you owe me 0.4 minutes---simple example). I realize that for 80% of the workers, it's no big deal.

I don't see the big dea eitherl. When I worked there, I did my job, was happy most of the time and went with the flow. No big deal.
 

grgrcr88

No It's not green grocer!
Shouldn't our union leadership be well aware of what labor laws are applicable? Sad,a ctually.

Are you saying that I should know the state labor laws for every state in the country? Or that some other Union leader should know them for every state? If your trying to say he should not include the labor laws in the grievance then what should he put? If he is trying to prove something other than what the contract says he should absolutely include the documentation to back it up. I really hope you don't represent people!!
 

UPSrookie

Member
What if a hard point is established that (say 10:00am) is your break time, what is wrong with working through it and taking it later/earlier depending upon conditions?

I guess that is the classic Labor/Management question at UPS and other represented companies.

Is there no flexibility from Labor on trivial items like 10 minutes?


There is nothing wrong with working through break and taking a 10min break at a later time. If my sup wants me to work through break to catch up, that great, it'll actually make the situation better overall. However, not having a break at all, as required by Law, well that isn't something trivial. Break is paid by the employer and required by the Department of Industrial Relations, Hours and Wage Department. If I'm being cheated from my paid break, at $10hr, I am being cheated from over a dollar for that day, if it occurs often, well we can all do the math, it adds up quickly. You can easily file a claim online. It doesnt make Uncle Sam happy when an employee is cheated from their time, simply put because if an employee is paid less than what he is suppose to, that means Uncle Sam is also being paid less from taxes.

Bottom line, file a grievance if my advice doesnt work, file a claim with the government if that doesnt work. Your biggest mistake will be not to say anything and be taken advantage of. Remember, you complaining for 5, 10min pay because you are owed that, is not You taking advantage of the company, its the Company taking advantage of you, for not giving you what you are owed. Finally, it's in their best interest to give you your 10min break, or 5min after each major fraction after 3.5hr. or a lunch after certain hours work. I say, in the companies benefit because you can easily file a claim and an law suit will ensue. Therefore, you are making them a favor in reminding them, "hey 10min break or an extra hour of pay."
 

washington57

Well-Known Member
Why do part-timers care so much? They are treated like dirt and then feel bad about taking their break? c'mon. Take your break, it's in your contract. It is one of few things keeping the part-timers from being straight up slave labor.
 

UnconTROLLed

perfection
Are you saying that I should know the state labor laws for every state in the country? Or that some other Union leader should know them for every state? If your trying to say he should not include the labor laws in the grievance then what should he put? If he is trying to prove something other than what the contract says he should absolutely include the documentation to back it up. I really hope you don't represent people!!

You read way more into that than intended. What I am saying is, if the employee wants to file a grievance, it should be the unions job as representatives to find which applicable labor law follows or reinforces the nature of the grievance. Why are we paying dues? Why should one employee be forced to do all the legwork off-the-clock on a clear cut case? Is that what the Teamsters are really all about?

Also, this is not just one person (apparently) losing their break. It's a sort that continues running. That's a big problem that needs to be addressed.

Nowhere did I say or even come close to implying that each local office should know every law for every state, that's asinine and not even close.
 

UPSSOCKS

Well-Known Member
WAIT a second. If your local entitles you to a break then you get one. End of Story. Some locals agreements don't have a break in them, I'm sure some of you part time employees on here don't have a break in your local agreement. Here's where you are wrong. It is up to your supervisor when you take break. You are not capable or privelaged to decide your own break. The first time you did it I would warn you with the union steward and the second time you took a break without asking I would terminate you for Gross Insubordination, and sabotage.
 
WAIT a second. If your local entitles you to a break then you get one. End of Story. Some locals agreements don't have a break in them, I'm sure some of you part time employees on here don't have a break in your local agreement. Here's where you are wrong. It is up to your supervisor when you take break. You are not capable or privelaged to decide your own break. The first time you did it I would warn you with the union steward and the second time you took a break without asking I would terminate you for Gross Insubordination, and sabotage.

1)Local entitles us to a break
2)My point was if it's up to my supervisor to tell me when I can take a break and he's not telling me, that's a problem.
 
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