Driver Lunch Break

trickpony1

Well-Known Member
BUG-
Are you saying the company has NEVER used precedent and past decisions (favorable to the company) but the hourly union worker apparently can't do the same?
 

Bubblehead

My Senior Picture
Thank you! U are the only one that has not assumed I was a man and I appreciate that. Yes I am the only female driver in the center and the state..
The only female.... in the entire State ?

BS


Tell the truth.

There is nothing more, I would like to do.... than help a fellow Teamster.



-Bug-
I too found it interesting that it took 4 weeks of posting for this caveat to be revealed?

Nothing more frustrating for a BA or Steward than to get the whole story, a little bit at a time.

Fishing for the answer you want, rarely gets you any closer to the truth.



~Bbbl~™
 

PCM

Active Member
Every case, is based on it's own merit.





Maybe.

Rarely, are 2 cases identical.

Even then, it doesn't set a precedence.





Unless you have "specific knowledge" pertaining to a certain case....

Fishing expeditions, are just that.





The only female.... in the entire State ?

BS


Tell the truth.

There is nothing more, I would like to do.... than help a fellow Teamster.



-Bug-
I am be only female full time driver in the state yes that’s the truth there are 2 others that are air drivers but I’m the only female full time driver In the state
 

PCM

Active Member
What state, the "state of confusion"?
U can look for yourself it’s the least populated state in the country if that helps u but yes I am, and I’m not really sure how this is in anyway related to the topic at hand. Or why I would feel the need to lie about somthing like that? It’s a bit ridiculous facts are facts and the fact is yes I’m the only female driver in the state
 

zubenelgenubi

I'm a star
Every case, is based on it's own merit.

Maybe.

Rarely, are 2 cases identical.

Even then, it doesn't set a precedence.

That's the definition of prescendent. If the company has allowed other drivers to work during their lunches without discipline, especially in that center, then they have no excuse to start with her, and certainly not to go straight to firing. At most this should have gotten her a warning. But that's just a strategy, and you're right, if the facts don't support the argument, then it won't be a successful strategy. If that's the case, then the sex discrimination theory would be worth pursuing.
 

35years

Gravy route
At the hearing she should perhaps mention that other male drivers have worked though break and not been fired. Even if the sex discrimination aspect is not her main defense, it would be good to have it expressed out loud in case she has to fight it in the courts. I would think the mere mention of discrimination would "motivate" UPS to drop the whole thing.

Two questions should do it...
-Ask the driver "To your knowlege are you the only female driver in your center and your state?"
-Ask the UPS rep... "Do you know of any male driver in the center who has been fired for this?"

My guess is they fold.
 
Last edited:

Bubblehead

My Senior Picture
At the hearing she should perhaps mention that other male drivers have worked though break and not been fired. Even if the sex discrimination aspect is not her main defense, it would be good to have it expressed out loud in case she has to fight it in the courts. I would think the mere mention of discrimination would "motivate" UPS to drop the whole thing.
If the facts are as she says, she should have EEOC charges looming over the Company's head.

They tend to lend clarity, eliminating filibusters and bluffs by the Company.
 

BigUnionGuy

Got the T-Shirt
BUG-
Are you saying the company has NEVER used precedent and past decisions (favorable to the company) but the hourly union worker apparently can't do the same?


It rarely happens (if ever).... for either side.

You would need to know the facts of the case you are referencing.

If it's a panel case, you'll need a transcript. (cost of about $500.00)


The National Panel won't let you use prior (posted) arbitration decisions in support

of your own case. I found that out presenting an ADA case.


Panel decisions all start out the same way. "Based on the facts presented...."

Then there can be add-ons like "In this instant case" or the killer

"This case may not be referenced by either party".


You would think an issue like this sets a precedence, but in my experience....

it doesn't.


U can look for yourself it’s the least populated state in the country if that helps u but yes I am, and I’m not really sure how this is in anyway related to the topic at hand. Or why I would feel the need to lie about something like that? It’s a bit ridiculous facts are facts and the fact is yes I’m the only female driver in the state


I find it a little hard to believe, that you are the only female pkg driver in the

entire state of Wyoming.... But I can roll with it.


That's the definition of prescendent. If the company has allowed other drivers to work during their lunches without discipline, especially in that center, then they have no excuse to start with her, and certainly not to go straight to firing. At most this should have gotten her a warning. But that's just a strategy, and you're right, if the facts don't support the argument, then it won't be a successful strategy. If that's the case, then the sex discrimination theory would be worth pursuing.


Call me a doubting Thomas.

But, in situations like this.... you rarely get all the facts at once.

@Bubblehead understands how frustrating it can be.



-Bug-
 

zubenelgenubi

I'm a star
I think the take away for anyone who finds themselves in the original situation of being tempted to work during lunch to make service is to call your sup, tell them your situation, and ask what your options are. Follow the instructions they give you and you will be covered.

@BigUnionGuy
I appreciate the insight. I'm working from a theoretical understanding, and have never experienced the procedural aspects. Sounds kinda like the panel and arbitration processes really tie your hands behind your back. I have to wonder if employees' right to fair representation are being infringed.
 

PCM

Active Member
At the hearing she should perhaps mention that other male drivers have worked though break and not been fired. Even if the sex discrimination aspect is not her main defense, it would be good to have it expressed out loud in case she has to fight it in the courts. I would think the mere mention of discrimination would "motivate" UPS to drop the whole thing.

Two questions should do it...
-Ask the driver "To your knowlege are you the only female driver in your center and your state?"
-Ask the UPS rep... "Do you know of any male driver in the center who has been fired for this?"

My guess is they fold.
I met with them yesterday I got my job back but it is a full month suspension and a last chance agreement I will have an enormous target on my back, worse part is every other driver in my center is receiving checks for working through their breaks previously some up to 3 thousand dollars.. so they all get a check for the same thing I did smh.. it’s crazy how the system works.. it will be hard but I am grateful I still have a job.. lesson learned I took a huge financial hit on this one but it is my fault
 

Faceplanted

Well-Known Member
I met with them yesterday I got my job back but it is a full month suspension and a last chance agreement I will have an enormous target on my back, worse part is every other driver in my center is receiving checks for working through their breaks previously some up to 3 thousand dollars.. so they all get a check for the same thing I did smh.. it’s crazy how the system works.. it will be hard but I am grateful I still have a job.. lesson learned I took a huge financial hit on this one but it is my fault
Wow last chance is harsh

I would look into an eeoc complaint. If they can prove other drivers are working through break, but you as a different sex get fired for the same thing there is a cut and dry case.
 

1989

Well-Known Member
I met with them yesterday I got my job back but it is a full month suspension and a last chance agreement I will have an enormous target on my back, worse part is every other driver in my center is receiving checks for working through their breaks previously some up to 3 thousand dollars.. so they all get a check for the same thing I did smh.. it’s crazy how the system works.. it will be hard but I am grateful I still have a job.. lesson learned I took a huge financial hit on this one but it is my fault
not exactly the full story, in fact, all drivers are getting paid. Even ones who have never worked during their lunch.
 

PCM

Active Member
not exactly the full story, in fact, all drivers are getting paid. Even ones who have never worked during their lunch.
Not me and or one other driver in the center also isn’t I saw the checks it was all but two ppl.
 

Dracula

Package Car is cake compared to this...
I was I even wrote this letter to them explaining myslef I know this at least I will never do anything this stupid again

Take this in the spirit which it is intended, but I hope someone else wrote that letter.
 

Dracula

Package Car is cake compared to this...
I know i am recently trained driver so i may change my thoughts on this as time goes on but...


With the abundance of work/OT and limited time with our families I feel as though an option of 30 minute or an hour long lunch should be an option without having to have pay subtracted from our pay. Even better would be we get paid for the work we do and not the break we get paid for where we could hace a flex break option.

There are some days where i want to take my whole hour but there are other dats where i would like to shorten my break so i get home to be woth my family and that comes with sacrifice obviously.

If you enjoy working for free, sure. But you might want to do the math, then make your decision. A half hour of OT is a little over $25. That's what you're giving them--paying them, basically, to work for them--per day. $125 a week, $500 a month, $6000 a year. Back out your vacations, optional days, call-ins and you're still over $5000 a year. That's full scale, so figure out your OT rate and divide by half.

As I said, paying UPS over $5000 a year to work for them. I don't know about anyone else, but that's the opposite reason I drive to work everyday. And like others have said, cutting 30 minutes of your day will probably get you an extra 45 minutes of work.
 

Rack em

Made the Podium
Had a driver this past week that had an accident and he also worked through his lunch. Still waiting to hear how this one turns out...
 
Top