Two small ? Supervisor work and meal breaks

SO first question is something that happened today. We started work early 4:45Pm and ended late at about 11:30Pm. We got a 15 min break at 7, and i asked one of the P/T sups if we were getting 2 15 min breaks or 1 30 min break. He told me that we were getting ONE 15 min break becuase we started at 4:45 and they estimated us to be finished at 10:15 so we would be working under 6 hours. ( we don't even finish at 10:15 on a Friday ) I looked at him and started laughing and then told him "good luck with that". I tried looking through Union contracts but had a hard time finding anything about the meal breaks for P/T's. California law provides that employees must receive a 30 minute meal break if they work in excess of five hours, and 5 hours would have put us at 9:45 sooooooooo where the hell was our other 15min break?? Penalty for improper breaks is one hours pay and i have absolutely no problem confronting my friend/T about it AND informing other loaders, but before i do i wanted to make sure i was not missing anything that is in the contracts ( they are usually good about giving us our breaks when we start early so im not sure what happened today)??

Second problem- If i P/T sup came in to the trailer i was in and told me to go next door and help another loader but then took my place in the first trailer and started loading would that be considered "supervisor doing bargaining unit work" even though i continued to do my work just in another trailer? The other loader was fine on his own so i proceeded to break jams and the sight of the sup sweating his A** off and turning red was worth more to me then money. after about 30 min he put me back in the trailer and when i walked in i yelled "what the hell is this? you call this a wall??" just to rub it in. but i was curious anyway.
 

evilleace

Well-Known Member
Not sure about the breaks but as far as the sup working yes it is considered a sup doing bargaining unit work especially since you were available to do the work I think you should grieve it he just wanted to get the work done faster but this is not the way to go about it.
 

JonFrum

Member
. . . California law provides that employees must receive a 30 minute meal break if they work in excess of five hours, and 5 hours would have put us at 9:45 sooooooooo where the hell was our other 15min break?? . . .
Is the 30-minute meal break UNPAID???

If you invoke the meal break, is this in addition to any regular PAID break(s)??? Or does it replace a PAID break(s)??

Does everyone you work with want to spend an extra unpaid half hour at work, or would they rather go home a half hour earlier??
 

grgrcr88

No It's not green grocer!
State law always supercedes any contract, if your law says 30 minute lunch after 5 hrs and they did not give it to you, yes thats a violation.

The sup was definately doing bargaining unit work. File for all the time he worked and get paid double time for it.

Looks like a pretty profitably day for you!!

Oh and be sure to thank your P/T sup for the free money!!
 

KingofBrown

Well-Known Member
GRGRCR88 is completely right. Check your rider, you might even get more than 30 min. And for sure that sup was doing bargaining unit work. Files the grievances and enjoy the money.
 

jalnar

Well-Known Member
instead of taking the money for winning the grievance, have them donate it to a charity. The reason is it shows you are trying to change a behavorial pattern instaed of being gretty. I have won grievances and wanted the person who was alo that day to be paid because it was their work mgmt was doing.
 
Top