Jenay1032 -- "They’re back at it. Saying it’s Federal law by working over 6 hours a mandatory lunch break of 30 min must be taken. We are allowed to break it up into parts as we wish. I know the contract says you can take up to a 30 min break, but their argument is federal law trumps the contract."
-- On the serious side, Step 4 ( L-8 ) from 9 NOV 2007. In citing Article 30.1.F.2, it says in part: Local management may not establish a policy that is inconsistent with this language.
-- And Step 4 ( E15R-4E-C 17339669 from 8 AUG 2017 ) came about whether manglement can mandate a 30 minute lunch break on the street for rural carriers. In part:
- During our discussion, we mutually agreed that the following will constitute full and complete settlement of this grievance. Article 30.1.F states in part:
Lunch may be taken in segments of less than 30 minutes, at the carrier's option, provided the time taken does not exceed 30 minutes. Segments may be taken in the office or on the route, provided the normal schedule is maintained to the extent possible.
- The parties agree this provision prohibits management from requiring a rural carrier to take a 30 minute lunch break.
-- Accordingly, we agree to remand the instant case to Step 2 where the parties are directed to determine whether any rural carriers were required to take a 30 minute lunch break other than what was customarily taken, and if so, provide the appropriate compensation.
-- Hopefully your office steward, or if none, your Assistant District Representative can provide the actual Step 4.
-- When you or the ADR can give manglement some options:
- ignore a Step 4 that was cobbled together by personnel in a much higher paygrade and break the contract ( probably once more ) and face ( significant financial penalties ) or
- back off from their mandate.
-- To confuse things, there is Section 432.33 of the ELM Mealtime: Except in emergency situations or where service conditions preclude compliance, no employee may be required to work more than 6 continuous hours without a meal or rest period of at least 1/2 hour.
- For manglement, everything is an emergency!
-- If manglement insists on carrying out their policy, despite Step 4's to the contrary, get their mandate in writing ( that probably will make them back off and if not ) and take the 30 minute break IN THE OFFICE and in plain sight.
-- On the fun side, the following is from a USPS Power Point Presentation regarding lunch breaks:
Unproductive Activities: coffee break, eating lunch / personal phone calls / smoking / social media / talking-visiting / texting.
Personnel utilizing the 30-minute break each day are "unproductive" for 150 min/week or 7500 min/year or 123 hours/year ( or 3+ pay periods )
-- If you miss the Dispatch Truck because you used your 30 minute break, you can smile when you tell manglement you were just following their mandate. ( or not as apparently these day, missing dispatch is no longer the big deal is used to be )
-- Be sure to ask the clerks in your office how much time they get for breaks during the work day.
-- Good luck.
