taking lunch at your home

[UpstateNYUPSer(Ret)]

We have to put our 45 minutes in to the DIAD and are told to take it and are T/W if we don't (put in DIAD). Our mall driver just got a warning letter for failure to do so.

 

[NHDRVR]

We have to put our 45 minutes in to the DIAD and are told to take it and are T/W if we don't (put in DIAD). Our mall driver just got a warning letter for failure to do so.

45? Is that the minimum in the hour you have to take or is that the length of your lunch in the contract? As I said, we get paid if we don't take it but we haven't seen the warning letters yet. I cut mine on Fri. and I expect to be asked about it tomorrow but I always say I need to pick up my kids and if they want to drag me in the office and tell me about my 'poor decision' to cut lunch to get my children I will be happy to do so. They are ones who will sound petty and foolish doing it. Again, they haven't been busting balls about this so about 70% of the drivers do it.

 

[Stran]

In my center you must take your lunch ON AREA. No excess driving to get to a restaurant, or home etc. They have tried to discipline drivers for taking lunch 1 block from trace. This ruling was a result of the Union using the language in the Dept of Labor MEAL period to argue that lunch doesn't start when you break trace. My center hasn't really enforced the rule and they don't mind drivers taking lunch at the end of the day at a business on the way back to the building. All drivers must show a lunch in the DIAD or face discipline. We only get 30min here!!! Used to live on area until my route changed with PAS...really miss those days.

 

[NHDRVR]

In my center you must take your lunch ON AREA. No excess driving to get to a restaurant, or home etc. They have tried to discipline drivers for taking lunch 1 block from trace. This ruling was a result of the Union using the language in the Dept of Labor MEAL period to argue that lunch doesn't start when you break trace. My center hasn't really enforced the rule and they don't mind drivers taking lunch at the end of the day at a business on the way back to the building. All drivers must show a lunch in the DIAD or face discipline. We only get 30min here!!! Used to live on area until my route changed with PAS...really miss those days.

30 min...no kidding... I apologize for thinking that every contract supplement contained a provision about an hour lunch. At some point better language should be included about an 'optional' lunch time that should provided to every driver who works in excess of 8 hours. Again, Mgnt. is selective in what they decide to harrass us about, it's really a flavor of the week, but we have yet to see warning letters on this.

 

[Catatonic]

In my center you must take your lunch ON AREA. No excess driving to get to a restaurant, or home etc. They have tried to discipline drivers for taking lunch 1 block from trace. This ruling was a result of the Union using the language in the Dept of Labor MEAL period to argue that lunch doesn't start when you break trace. My center hasn't really enforced the rule and they don't mind drivers taking lunch at the end of the day at a business on the way back to the building. All drivers must show a lunch in the DIAD or face discipline. We only get 30min here!!! Used to live on area until my route changed with PAS...really miss those days.

Union should have seen this coming.
One unreasonable act causes another unreasonable act.

IMO poor representation of their members by the union.

 

[Jones]

Union should have seen this coming.
One unreasonable act causes another unreasonable act.

IMO poor representation of their members by the union.

I disagree. For the union to ask the company to comply with a DOL regulation is not unreasonable, it's their job. What is unreasonable is the company retaliating against it's union employees in this petty manner because they don't like being told that they have to follow the same DOL guidelines as everyone else. Why shoot the messenger? If they don't like the DOL rules, they should take it up with the DOL.

 

[Catatonic]

Union should have seen this coming.
One unreasonable act causes another unreasonable act.

IMO poor representation of their members by the union.

I disagree. For the union to ask the company to comply with a DOL regulation is not unreasonable, it's their job. What is unreasonable is the company retaliating against it's union employees in this petty manner because they don't like being told that they have to follow the same DOL guidelines as everyone else. Why shoot the messenger? If they don't like the DOL rules, they should take it up with the DOL.

The results tell the story.

I stated earlier in this thread that I believe the logical thing to do is to start lunch when the driver breaks trace. At that point the employee is not working for the company and should not be paid.
To me this is the obvious and honest approach.
The union backed the company into a situation where the driver can not break trace to take lunch ... a very logical and predictable approach dictated by the cause and effect of the union's actions.
I still stick by my criticism of the union in this case ... the "no break trace" rule is very logical and extremely predictable and should have been expected.

Do agree it is unreasonable and I'm guessing this will blow over and it will go back to what was working before.

 

[stevetheupsguy]

We actually have a couple of drivers who will punch out on the road to avoid going over 9.5 and will drive the remaining distance to the center off the clock.

That's dishonest, at best.

My last stop of the day is my house where I code off my lunch/breaks as soon as I turn off the truck in my driveway. We aren't harrassed (lately anyways) about lunch/breaks in the contractually obligated times. On Fridays I usually take my 2 ten's and then cut my hour all together so I can get home that much earlier. We do not get docked our lunch if we don't take it.

I assumed that since the class-action lawsuit about getting docked for lunches went through that the company policy changed about lunchs. I know they want you to take them (OSHA/DOT and all that crap) but I'm curious that if there are still some centers around the country that dock you an hour if you don't put it in the board. We have been getting verbals about it but so far no one has gotten a written.

We get yelled at if we don't take our full 1 hour. If you do this several times you get a letter. This is in sunny south Florida.

 

[brownman15]

The results tell the story.

I stated earlier in this thread that I believe the logical thing to do is to start lunch when the driver breaks trace. At that point the employee is not working for the company and should not be paid.

He is to working the employee is driving a company vehicle.

To me this is the obvious and honest approach.
The union backed the company into a situation where the driver can not break trace to take lunch ... a very logical and predictable approach dictated by the cause and effect of the union's actions.

how did the union back the company into this situation

I still stick by my criticism of the union in this case ... the "no break trace" rule is very lpgical and extremely predictable and should have been expected.

the no break trace rule is ups not the union

Do agree it is unreasonable and I'm guessing this will blow over and it will go back to what was working before.

 

[Catatonic]

The results tell the story.

I stated earlier in this thread that I believe the logical thing to do is to start lunch when the driver breaks trace. At that point the employee is not working for the company and should not be paid.

He is to working the employee is driving a company vehicle.
That is the caveat - the driving a company vehicle after breaking trace is not for the benefit of the company and certainly not something the company would be willing to pay for.

To me this is the obvious and honest approach.
The union backed the company into a situation where the driver can not break trace to take lunch ... a very logical and predictable approach dictated by the cause and effect of the union's actions.

how did the union back the company into this situation
As stated by the poster to which I responded: By filing a grievance and using a DOL ruling to stop an amenable understanding (give and take) between employee and company.

I still stick by my criticism of the union in this case ... the "no break trace" rule is very logical and extremely predictable and should have been expected.

the no break trace rule is ups not the union
Yes it is.
My point is that it was very predictable that UPS would enact this rule.

Do agree it is unreasonable and I'm guessing this will blow over and it will go back to what was working before.

 

[brownman15]

what happens when there is no place 2 eat in your trace at the allowed time to take lunch per the contract. my contract says that 1 hr lunch be taken the third and sixth hr. example there is places 2 eat on a route but u deliver them outside the allowed lunch time.

 

[brownman15]

ups is the one that set up the trace so it was their responsibility to make sure places to eat were in trace between your allotted time if they did not want us to break trace

 

[Catatonic]

what happens when there is no place 2 eat in your trace at the allowed time to take lunch per the contract. my contract says that 1 hr lunch be taken the third and sixth hr. example there is places 2 eat on a route but u deliver them outside the allowed lunch time.

I know that I would work with you and come up with a reasonable solution if the route had this situation. Maybe break trace and go deliver a stop close to the restaurant, eat lunch and then deliver a stop close and get back on trace as logically as you can.
The key here is that word "judgment" which I used way back when that got this going.
This exception has to be done in a "case by case" situation.
I remember when I was a swing driver, I would take my lunch when I was delivering a rural/residential area. That was OK for me ... I understand it might not be OK if that was your route and it was an everyday occurrence.

 

[brownman15]

I know that I would work with you and come up with a reasonable solution if the route had this situation. Maybe break trace and go deliver a stop close to the restaurant, eat lunch and then deliver a stop close and get back on trace as logically as you can.

but then u will show up on a report of not following trace

The key here is that word "judgment" which I used way back when that got this going.

but ups does not want us to think. examples have 2 call 2 back into driveways, call 2 get permission 2 del missroutes and i could go on and on. my manager once said you are not paid to think

This exception has to be done in a "case by case" situation.
I remember when I was a swing driver, I would take my lunch when I was delivering a rural/residential area. That was OK for me ... I understand it might not be OK if that was your route and it was an everyday occurrence.

 

[cwb]

I am a 15 year employee .. driving for 5 years ...I am currently "Discharged" for dishonesty and "stealing time" It may have had something to do with the March cost cutting incentive (not sure )... I had a 7 day investigation done on me by lp with pics of me taking lunch at home . I would come home to see my kids and have a home cooked meal that was free!!! Which is between 1-4 miles round trip (depending on which route I would do. I would take 45 min for lunch and first break( not one sec more) and at end of day on the way back to bldg. would stop at home for last 15 min. break . Did this for the last 5 years when I did the routes near my home. Never was given ANY warning that I was doing ANYTHING wrong. Been out of work since March awaiting arbitration.. all the union B.A is telling me is "the DM doesnt feel that you are remorseful and the company does not want to negotiate." I worked 11 1/2 hour days and just wanted to see my kids during the week .

 

[pretzel_man]

I am a 15 year employee .. driving for 5 years ...I am currently "Discharged" for dishonesty and "stealing time" It may have had something to do with the March cost cutting incentive (not sure )... I had a 7 day investigation done on me by lp with pics of me taking lunch at home . I would come home to see my kids and have a home cooked meal that was free!!! Which is between 1-4 miles round trip (depending on which route I would do. I would take 45 min for lunch and first break( not one sec more) and at end of day on the way back to bldg. would stop at home for last 15 min. break . Did this for the last 5 years when I did the routes near my home. Never was given ANY warning that I was doing ANYTHING wrong. Been out of work since March awaiting arbitration.. all the union B.A is telling me is "the DM doesnt feel that you are remorseful and the company does not want to negotiate." I worked 11 1/2 hour days and just wanted to see my kids during the week .

What did your time card say?

Is there any documentation where you say you were working but were physically on break?

Are they saying you took lunch off area? Off trace?

P-Man

 

[stevetheupsguy]

I am a 15 year employee .. driving for 5 years ...I am currently "Discharged" for dishonesty and "stealing time" It may have had something to do with the March cost cutting incentive (not sure )... I had a 7 day investigation done on me by lp with pics of me taking lunch at home . I would come home to see my kids and have a home cooked meal that was free!!! Which is between 1-4 miles round trip (depending on which route I would do. I would take 45 min for lunch and first break( not one sec more) and at end of day on the way back to bldg. would stop at home for last 15 min. break . Did this for the last 5 years when I did the routes near my home. Never was given ANY warning that I was doing ANYTHING wrong. Been out of work since March awaiting arbitration.. all the union B.A is telling me is "the DM doesnt feel that you are remorseful and the company does not want to negotiate." I worked 11 1/2 hour days and just wanted to see my kids during the week .

Get remorseful, get your job back, and next time ask your supe if it's okay to do anything of that nature. I totally understand that you love your family, are getting a free meal and it's not that far out of the way. UPS doesn't see things as you do, and they never will.

This is not your father's UPS. This UPS is run by a bunch of robots, that won't recognize any of your emotionally, financially conscious behavior. JMHO, and no, I wasn't saying this in an angry tone, with bitterness and hatred. It's just the way I've seen things work around here.

 

[Catatonic]

Get remorseful, get your job back, and next time ask your supe if it's okay to do anything of that nature. I totally understand that you love your family, are getting a free meal and it's not that far out of the way. UPS doesn't see things as you do, and they never will.

This is not your father's UPS. This UPS is run by a bunch of robots, that won't recognize any of your emotionally, financially conscious behavior. JMHO, and no, I wasn't saying this in an angry tone, with bitterness and hatred. It's just the way I've seen things work around here.

Good advise cwb.
Job #1 - get your job back.
Don't listen to the harda**es that will tell you to stand up for your rights. It's your job that's own the line ... not theirs.

 

[Overpaid Union Thug]

I am a 15 year employee .. driving for 5 years ...I am currently "Discharged" for dishonesty and "stealing time" It may have had something to do with the March cost cutting incentive (not sure )... I had a 7 day investigation done on me by lp with pics of me taking lunch at home . I would come home to see my kids and have a home cooked meal that was free!!! Which is between 1-4 miles round trip (depending on which route I would do. I would take 45 min for lunch and first break( not one sec more) and at end of day on the way back to bldg. would stop at home for last 15 min. break . Did this for the last 5 years when I did the routes near my home. Never was given ANY warning that I was doing ANYTHING wrong. Been out of work since March awaiting arbitration.. all the union B.A is telling me is "the DM doesnt feel that you are remorseful and the company does not want to negotiate." I worked 11 1/2 hour days and just wanted to see my kids during the week .

I don't understand how you were stealing time. Did you go over on your breaks? Other than that there was no reason to fire you.

 

[Catatonic]

I don't understand how you were stealing time. Did you go over on your breaks? Other than that there was no reason to fire you.

This thread has many posts discussing this.
I have voiced what I think is a reasonable approach so that a driver will not be subject to accusations on "stealing time".
When the driver breaks trace - that starts lunch and when s/he pickups up trace again - that is ending lunch.

CWB states that he left trace and drove 1 - 2 miles to his house to eat lunch. That drive time was not on the clock to me. Then he took his lunch.

When I go to lunch, it starts when I get up out of my chair ... not when I drive to the restaurant and get out of my car. That seems very obvious to me but does not seem logical to others.

I'm not going to preach morality on this but deviation from this approach is going to subject drivers to this type of discipline.