On Topic: UPS attempting to terminate newer driver after filing grievances

[UpstateNYUPSer(Ret)]

I once made an error entering my meal break times. I inverted some numbers which added about 15 minutes. Got an ODS within 10 minutes asking me to review my meal break times so, yes, they are keeping track.

 

[KOG72]

I once made an error entering my meal break times. I inverted some numbers which added about 15 minutes. Got an ODS within 10 minutes asking me to review my meal break times so, yes, they are keeping track.

Looks like they were tracking your telematics that day

 

[over9five]

You guys are quoting CDL driver break regulations when it comes to relieved of all duties.

I think you better read up on the non-CDL using the 150 mile air mile radius exception before getting into a pissing contest with management.
.

Lol'd!

 

[Mugarolla]

yes you can; OSHA will support that position. A rural driver could technically break at any point in the route to get to a public bathroom. UPS's fake rules don't matter, only OSHA's rules.

OSHA will support that position if, and only if, you just use the restroom and nothing else. If you are going into Taco Bell to take your meal, OSHA will not support using the restroom on company time outside of your hour lunch. This is extending your authorized lunch.

No,
The 3rd district court ruled in 2015 restroom breaks of short duration (20 minutes or less) were compensatable in all work situations. In addition specific rulings have made it clear that "mobile work crews" enjoy the same access to paid rest breaks.

In all situations involving just the use of the restroom and nothing else. They went on to talk about extending breaks using the restroom. They did not allow this.

I think you get your job back if you have a great union rep.

I do also. But remember this. If you have to stop and use the restroom and that is all you do, you do not have to clock out. If you also stop for your lunch or break, the restroom time is unpaid, included in your lunch or break.

When you gotta go, you gotta go. No law says when you are allowed to go or to go when it is convenient for the company.

Correct. You can go whenever you need to. And if that is the only thing you do, it is paid time.

What the OP did in extending his break is not protected.

Correct.

You don't have to clock out to piss or poop. PERIOD.

No you don't, if that is the only thing you are doing. If you are taking your lunch also, you have to piss off the clock. Weird, isn't it. Sorry, but that is the law.

What if UPS provides 2 (10 minute) paid breaks; If not already taken, could UPS force the driver to use this compensated time for restroom breaks?

No.

This is exactly what I'm talking about

You are talking about being compensated for restroom breaks "if" that is the only thing you do. If you walked into Taco Bell, used the restroom and came out without buying anything or taking your lunch, you would not have been fired. You were fired for extending your breaks. Not covered by the FLSA.

If I'm using the restroom on break, it is part of my break. If I need to pee, I just do it quickly without abusing the time.

Correct.

60 minutes is 60 minutes. It is up to you to plan your restroom breaks accordingly.

Incorrect. If you are just stopping for a quick restroom break, it is compensated time and you do not have to plan it during your "60" minutes.

OP could have planned on just pooping, then decided it I'm eating now too.

Could have. Probably too late now to say he did that.

If he breaks trace and drives 5 miles to Taco Bell to use the rest room but then stays to eat, the clock starts clicking for break when he shuts off the vehicle to when he starts up again. If he does not stay after using the restroom it is paid for time (compensated).

Correct.

The court ruling is quite clear about this; UPS does not have to compensate you for a short bathroom break (under 20 minutes) if it is taken as an extension of another break.

Correct. Only if it a restroom stop and that is all you do.

Just my 2 cents, but breaks are personal time, not sure the company can dictate what we do on our personal time.

No they cannot. Except for the fact that you are still in uniform and represent the company. You cannot do anything "stupid" that will tarnish the company image.

I am not familiar with rulings pertaining to if our paid breaks have to be used (if still available) for paid restroom time.

There are none. Restroom time is paid unless in conjunction with a lunch or break. If you stop to use the restroom, you do not have to take a break.

I suggest that you avoid using the restroom (paid) as an extension (before or after the unpaid break begins) of your breaks whenever possible.

Exactly. It is non-compensable time.

But you DO NOT have to clock out whenever you randomly stop to go to the restroom. And you are covered (by law) up to 20 minutes for those stops

Correct. As long as that is all you do.

Listen to what your BA tells you to do. I believe that you will get your job back. And if you do, ask your center manager about your restroom time while your BA is present so there are no miscommunications.

If your BA does not agree with what your center manager, they will hash it taking into account Company policy. FLSA and OSHA rules, and inform you of the agreed to policy.

 

[1Simplemann]

I think this whole discussion is silly. If you gotta go, you gotta go. You're covered by the law. I occasionally use the bottle but generally hold it till I reach a business. There have been times where i broke trace to use the bathroom, sometimes several times a day. Nobody and I mean nobody said a word. OP, if your gonna take a an hour and 10 minutes you better clock out for 70 minutes. That kinda stuff gets them a little ouchy. Also about this bottle thing, which BTW I think is disgusting and we are actually doing the company a favor by doing it. What do the women do? They can't use a bottle. They break trace every time especially if it's that time of the month. We've actually had a SUP try to say a gal was taking excessive breaks which is also silly. She told them if they don't back off, she was gonna bring back the bloody tampons in a zip lock bag and leave them on his desk. End of story. SUP was quiet after that.

 

[bleedinbrown58]

Agreed. I have seen people fired for stealing time in similar cases. You are allowed to use the bathroom but if you start abusing it to take extra breaks you need to expect consequences.

Agreed....but play the game wisely. I refuse to use the bathroom on my break time barring an emergency. So I will take my break...go back to work for 15 min or so ..then use the bathroom. Or go before my break if the need arises. What you don't do is take your entire break and immediately head to the bathroom for another 10 min afterwards.

 

[JackStraw]

What do the women do?

 

[Mugarolla]

Agreed....but play the game wisely. I refuse to use the bathroom on my break time barring an emergency. So I will take my break...go back to work for 15 min or so ..then use the bathroom. Or go before my break if the need arises. What you don't do is take your entire break and immediately head to the bathroom for another 10 min afterwards.

You have been here long enough to know the rules and know how to play the game.

The OP got into trouble for use the restroom immediately before clocking out for lunch and/or clocking back in after lunch and immediately using the restroom.

 

[proyer]

No I'm more saying what if you've taken your full lunch and 30 minutes later you have to use the restroom. Or 2 hours.

I really don't like it because it screws up my rhythm but I often have to use the restroom shortly after I get up and start moving again for work but not while sitting there on brek

Then take a shorter lunch so you have time left for an additional break.
I take several 10 min breaks throughout the day. And the Gatorade bottle works wonders.

 

[BigUnionGuy]

You have been here long enough to know the rules and know how to play the game.

The OP got into trouble for use the restroom immediately before clocking out for lunch and/or clocking back in after lunch and immediately using the restroom.

Just the same as, don't sort your pkg car backed up to lunch or a break.

Sort the vehicle, run a stop.... and then take lunch or break.


The company likes to use the excuse of "stealing time" or extending your lunch/break time.

It's a chicken reason, because that's all they got.


Nothing but kids, running the show.

Lets see how long they last.



-Bug-

 

[Brownslave688]

Then take a shorter lunch so you have time left for an additional break.
I take several 10 min breaks throughout the day. And the Gatorade bottle works wonders.

Thanks i already knew the answer. Which is not what you just said.

 

[IVE GOTTA PACKAGE 4U]

Just the same as, don't sort your pkg car backed up to lunch or a break.

Sort the vehicle, run a stop.... and then take lunch or break.


The company likes to use the excuse of "stealing time" or extending your lunch/break time.

It's a chicken reason, because that's all they got.


Nothing but kids, running the show.

Lets see how long they last.



-Bug-

Just use a little common sense and don't give them a stupid reason to mess with you.

 

[cosmo1]

Just the same as, don't sort your pkg car backed up to lunch or a break.

Sort the vehicle, run a stop.... and then take lunch or break.


The company likes to use the excuse of "stealing time" or extending your lunch/break time.

It's a chicken reason, because that's all they got.


Nothing but kids, running the show.

Lets see how long they last.



-Bug-

The sad part is, it didn't used to be that way.

When I was first hired, I was put on a route that the regular driver was out on extended comp. It was industrial/commercial all morning. Then, lunch, residentials, pickups and more residentials. I was trained to sort after lunch. Never had a problem.

Of course, back then all the on-cars and center managers had started as drivers and knew the job.

 

[proyer]

So taking a = eating lunch? I don't know anyone that takes their food into the crapper and prefers to eat there. But good to know. And I did listen to my steward. He said do not do it that way, do it this way. So I started doing it this way and then they found issue with that also even after they do it the exact same way themselves. Damn, the reading comprehension in this thread is at an all-time low.

No.... You've written a novel and added to it throughout the thread, it's a wonder that most people can stay on point.
Be thankful most are posting positive and helpful.

 

[Northbaypkg]

Just the same as, don't sort your pkg car backed up to lunch or a break.

Sort the vehicle, run a stop.... and then take lunch or break.


The company likes to use the excuse of "stealing time" or extending your lunch/break time.

It's a chicken reason, because that's all they got.



-Bug-

Interesting. I routinely sort my truck immediately after lunch and send any misloads I see right then and there. I don't have a target on my back or anything but you're saying this could be an issue if there were?

 

[UpstateNYUPSer(Ret)]

Interesting. I routinely sort my truck immediately after lunch and send any misloads I see right then and there. I don't have a target on my back or anything but you're saying this could be an issue if there were?

Yup.

 

[Northbaypkg]

The sad part is, it didn't used to be that way.

When I was first hired, I was put on a route that the regular driver was out on extended comp. It was industrial/commercial all morning. Then, lunch, residentials, pickups and more residentials. I was trained to sort after lunch. Never had a problem.

Of course, back then all the on-cars and center managers had started as drivers and knew the job.

This is the exact description of my route AND my routine.

 

[IVE GOTTA PACKAGE 4U]

The sad part is, it didn't used to be that way.

When I was first hired, I was put on a route that the regular driver was out on extended comp. It was industrial/commercial all morning. Then, lunch, residentials, pickups and more residentials. I was trained to sort after lunch. Never had a problem.

Of course, back then all the on-cars and center managers had started as drivers and knew the job.

Life is a little easier if your supervisors were drivers. Not that common anymore

 

[Northbaypkg]

Life is a little easier if your supervisors were drivers. Not that common anymore

This is why I'm glad my center manager is not only a 25 year package car vet, but also ran my route way back in the day. He allows me to take a 30 minute lunch instead of the mandatory hour because he knows how heavy the business and the pickups are. I could take an hour if I chose to but I prefer 30 minutes.

 

[IVE GOTTA PACKAGE 4U]

This is why I'm glad my center manager is not only a 25 year package car vet, but also ran my route way back in the day. He allows me to take a 30 minute lunch instead of the mandatory hour because he knows how heavy the business and the pickups are. I could take an hour if I chose to but I prefer 30 minutes.

We have the option of a 30 or 60 minutes here, if it's agreed on by both sides.