Time worked vs. minimum break time?

Discussion in 'UPS Union Issues' started by konsole, Nov 14, 2012.

  1. konsole

    konsole Member

    Getting into these earlier start times for peak has me wondering what the contract and or federal/state law states as being the minimum break time for time worked. I've always just trusted management in the past to abide by the law on this, but the last few years it feels like they have tried their hardest to make sure we stay under that extended break time. I work part time preload for Local 25 in Massachusetts for UPS so I don't know if we are categorized for this differently then full timers but I imagine where not.

    So what is the minimum break length per time worked?
  2. konsole

    konsole Member

    someone must know
  3. Kis124

    Kis124 Member

    I would give you an answer...BUT we don't get breaks in my area. Not even through peak.
  4. Kae3106

    Kae3106 Active Member

    Here's the official law in Massachusetts.

    Does my employer have to give me two 15-minute breaks per day?
    MGL c. 149 s.100 requires a 30 minute lunch period, but does not require breaks. The Boston Globe on 12/7/03 explained: "Although many employers do provide time for one or two breaks during the work day in addition to time for lunch, they are not required to do so. The law in Massachusetts states that an employer must provide a thirty-minute meal break during each work shift that lasts more than six hours. This one half-hour meal break is unpaid. In addition, Massachusetts' law does not require employers to provide any rest breaks."
  5. union4life

    union4life Active Member

    Check your contract supplement. Our supplement allows a partimers to have a 10 minute break. The break can't begin before the end of the first hour and must be completed before the end ofthe third hour.
  6. Dracula

    Dracula Package Car is cake compared to this...

    That's one pathetic group of locals you have up there. Whoever negotiated your supplement should have their restroom doors bolted shut and should be chained to their desk at the union hall. What a bunch of asshats.
  7. UnsurePost

    UnsurePost making the unreadable unreadabler

    here's what we came to (FT inside) a few weeks ago. Doesn't help the OP but there was some related confusion.

    we started twilight shift two hours early. Mgmt called 10 minute break at our regular start time. Then, we worked until 10:30pm (from 4:30). People were complaining about no breaks after 6:30pm, but as was mentioned there are no "breaks" only meal periods. The break was the contract break and the company wasn't obligated to offer any more break until lunch time (6hrs)
  8. Dracula

    Dracula Package Car is cake compared to this...

    Yeah, well I would be taking plenty of bathroom breaks if I worked there. And if they tried to deny me that, I would piss on the belt or sort aisle.
  9. Turmlos

    Turmlos New Member

    That's not right, I don't think... A lunch period should be granted after five consecutive hours of work. I'm not sure if or how the short contract break affects this, as it would provide a short respite between lunch. More information here: Section 275:30-a Lunch or Eating Period.
  10. part_timer

    part_timer New Member

    On Monday our day sort will start at 9:30 and I'm sure the sort will run till at least 4:00 , So what about the second third hour?
  11. UnsurePost

    UnsurePost making the unreadable unreadabler

    agree, however that is the local supplement (NE) as well as NH state law.

    State law in Massachusetts (where Konsole and I work) says 30 min for 6+ hours. The lunch was optional after 5 hours, from the local supplement. We were not denied lunch at 9:30pm if the issue was pushed, yet I don't think anyone went to lunch after 5 hours.
  12. UnsurePost

    UnsurePost making the unreadable unreadabler

    You'll want to ask your union reps , or look into state/fed laws.
  13. konsole

    konsole Member

    Tomorrow we're starting at 1:30 am. If we go to atleast 7:30 it sounds like we should be getting a 30 minute break, unless I'm mistaken?

    I guarantee we will be starting at 12:30 or 12:45 at some point before Christmas so as long as we go past 6:30 or 6:45 we should be getting a 30 minute break. In the past whenever we started that early we never went as far as the 8:30 normal downtime but I expect to certainly make it to atleast 7:00.

    Or is UPS allowed to split the 30 minute break into a 10 minute and 20 minute or the like?

    I'll certainly be asking the steward tomorrow morning what they know about required breaks.
  14. UnsurePost

    UnsurePost making the unreadable unreadabler

    You get a contract 10 min. break, and if over 6 hours you are "entitled" to a half-hour unpaid. It'd be interesting to see the preload be stopped by people taking their federal law mandated unpaid half hour. ;)
  15. Gazelle

    Gazelle Race me!

    In our building, everyone typically worked 8+ hours on mondays with one 10 minute break. You are entitled to a 45 break after 6 hours, but you have to ask for it. No part timers take the 45 minute break because after 5.5, you get time and a half. If you opt to take the 45 minute lunch, you are accepting that you are working an 8 hour shift and do not get paid overtime. They all complain about it but they chose to take the 2-3 hours of overtime...
  16. UPSGUY72

    UPSGUY72 Well-Known Member

    Do a google search.

    In Mass business are not required to give breaks unless you work longer than 6 hrs a day and than they are only required to give you a 30 minutes unpaid lunch break. There are exceptions as to whether or not the break is paid or not but in most cases it's unpaid.
  17. ocnewguy

    ocnewguy Member

    Worked over 8 last night. Got a 10 min, then a 30 min unpaid then another 10 min. The building shuts down for all of them so no one can work through even if they wanted to.
  18. konsole

    konsole Member

    Yesterday I ended up with 6 hours and 35 minutes. Today I ended up with 6 hours and 10 minutes. Both days I've noticed management shutting down the sort at just shy of 6 hours, coincidence? Do you really think they were done in just under 6 hours or they cut it short on purpose? So both days most people on the sort ended up with a little under 6 hours. I was over 6 hours because my workload has been heavy at the end of the shift and I'm at the end of the conveyor. Sure I really dont care to take a 30 minute unpaid break and then come back to work for only 15 minutes, especially when they will just have someone else take over my work and I wont have anything to come back to, but then again a 10 minute break for 6.5 hours is not enough especially at that time in the morning. Ideally UPS should recognize that they are pushing the 6 hour time limit and just give people atleast a 20 minute or so paid break, but we all know that is not gonna happen. However it seems that what should happen is as soon as the 6th hour is reached the operation is shut down and people given the 30 minute unpaid break. They should be starting the shift 30 minutes earlier to allow room for this, but I'm sure most of the teamsters could care less about the break and would rather just finish and go home.

    Would you guys have the guts to tell your supervisor that your entitled to your 30 minute unpaid break after you work the 6 hours even if its obvious things are nearly done? What about the fact that they will just have someone else do your work and you wont have any work to come back to?
    Last edited: Nov 28, 2012
  19. Turmlos

    Turmlos New Member

    Yes, I would have no qualms about it. I almost had the chance to ask on Monday, but we wrapped up just in time. Chances are they would just send me home, and that would be fine by me. Frankly, I'm happy working my three and a half. Five hours of sorting is really pushing it for me. Money ain't everything, and I have other things I'd rather be doing, even with OT factored in. But seeing how things are being run lately, I'm sure it will happen soon. And I will no doubt ask for my unpaid break, mostly to prove a point. Their start time manipulation has gotten out of hand, and now they're telling me to do my job half-assed while they send people home. I wouldn't mind having someone else do my work while I'm on break. The backup sorter also happens to be the fastest bagger, and with the main problem being backed-up bins, the sups would have to pick up the slack since they sent all the 'extras' home. So I guess it would be a paid break after all!
  20. UPS Lifer

    UPS Lifer Well-Known Member

    You have two different things you have to look at.
    1) The contract or supplement for your area
    2) MA state law - You always have to meet the minimum state law requirements

    Breaks are paid time - the contract usually provides for breaks and meal times but state law must be honored so it takes precedent.
    Meal time is unpaid time - but some states REQUIRE you take a meal after so many hours worked. You have no choice if it is mandatory.
    For example in California at 6 hours you do not have a choice, you have to be on lunch. The contract allows you to take lunch between the 4th and 6th hour. So anytime after 4 hours before 6, you meet the minimum state law requirement. To make it more confusing you can opt out of lunch up to 6 hours if you put it in writing. After 6 hours it is mandatory.

    Usually you get a 10 minute break up to 4 hours. At 4 hours 1 minute you get another 5 minutes (unless your contract says different)
    It sounds like MA law does not account for break time so the contract takes precedent. If the extra 5 minutes is not in the contract you don't get it.