Union breaks

[Williegar]

What is the name of your state? MN

Union breaks. My question is concerning my union breaks. I am entitled two 15 min breaks and an hour lunch daily. My employer has said we are not to leave the company address for our breaks. We used to go to one of the local, very near by, fast foods places and purchase a cold drink. We would make sure we would return with-in our mandated fifteen minutes. Our manager has implemented a local policy that we are no longer to leave our address for our breaks because it is a paid break. Can my employer mandate what I can do for break as long as I return on time?

 

[Beth3]

Can my employer mandate what I can do for break as long as I return on time? Since these are paid breaks, under the law your employer absolutely may dictate whether or not you you are permitted to leave the premesis.

 

[Williegar]

union breaks

Not trying to sound argumentative but can anyone show me this law. I have a friend in Salt Lake who challenged this decision and the company was not able to produce such law or rule. I just want to see it for myself. I’m in MN.

 

[cbg]

In the absence of a law prohibiting a particular action, the right of the employer to make such an action is presumed.

Therefore, it's not a question of whether anyone can provide a law that says the employer CAN require you to stay on the premises. It's a question of whether or not you (or your friend, or whomever) can provide a law that says the employer CAN'T require it.

 

[Williegar]

Wow! Good one. Very impressive as I must admit I can’t argue nor challenge your response. But in the best interest of the employee, now can you provide a law or ruling or any circumstances to able the employee ok to visit a near by location that is not within the address of the employer. Any useful information would be appreciated.

 

[JETX]

Okay, since you seem to be unable to accept the correct answers provided... or the factual rationale that a specific law may not exist for your exact circumstances.......
the simple answer is..... ask your union representative.... after all, you are under a collective bargaining agreement which would likely exempt the law anyway.

Or if you want to try to find out on your own.... why not just leave the premises during your paid break. I am sure the employer will take whatever action they deem appropriate..... then you can file a lawsuit and 'create' caselaw on the subject.

 

[Williegar]

union breaks

OK, I think I get your point. Might I suggest a little tack next time?
Why is it when a member is truly seeking a legitimate answer to a question, after a few relevant questions you must go mean and snide? I’d like to chalk this as an honest misunderstanding and would certainly accept your apologies for any misunderstandings. I was inquiring from a source I thought I could trust and in times past have received some substantiated and helpful information. By no means I’m I in the study of law. In my chosen field I’m sure you would not be an expert but I would hope I would assist ever so humbly.

 

[JETX]

OK, I think I get your point. Might I suggest a little tack next time?

Sorry, we don't do 'tack'... especially when you simply refused to accept accurate responses and whined "I want my Mapo!!" like a child.

Why is it when a member is truly seeking a legitimate answer to a question, after a few relevant questions you must go mean and snide?

Better yet... why is that someone who doesn't know something.... and asks others that are knowledgeable about it.... then whines 'prove it', when given accurate responses...... on a FREE website???
We really don't care whether you believe what you are told or not. After all, this is a FREE website where a lot of responders are VOLUNTEERING their time and knowledge to try to help YOU. Did you take the time to THANK any of them?? No!!! You just demanded that they prove themselves to you. Well, guess what??? None of us are obligated to do that. If you don't like or don't believe the answer you got for FREE, you can certainly pick up a phone and arrange an appointment with a local attorney who you can PAY to hear all your stories.

I’d like to chalk this as an honest misunderstanding and would certainly accept your apologies for any misunderstandings.

ROTFLMAO!!!! Hope you are holding your breathe waiting for an apology!! Turning blue yet??

 

[Williegar]

union breaks

amare et sapere vix deo conceditur

 

[JETX]

amare et sapere vix deo conceditur

mendacem memorem esse oportet

 

[John/nyc]

What does the contract say about breaks?

(The contract is "the Law of the Shop.")


What does the contract say about "past practice?"

(If they were allowing you to leave the premises, then they MAY have to continue to do so because they may be prohibited from unilaterally changing your "working conditions.")

Don't do anything before you talk to your shop steward and/or Business agent. Thats why you pay dues so that the BA can intercede with the boss in your favor.

 

[Beth3]

williegar, these are PAID breaks - that means the employer may dictate how employees use that time and where they can and can't go. If you'd like to call your State's Department of Labor, I have no doubt they'll verify that if break time is compensated, there are no laws that prohibit an employer from requiring employees to stay on the premesis.

John/nyc has another valid angle though - which is the CBA and past practices. This break issue *may* be subject to collective bargaining, even if it is not specifically mentioned in the current contract.

 

[Iceman1800]

In the absence of a law prohibiting a particular action, the right of the employer to make such an action is presumed.

Therefore, it's not a question of whether anyone can provide a law that says the employer CAN require you to stay on the premises. It's a question of whether or not you (or your friend, or whomever) can provide a law that says the employer CAN'T require it.

What about in the case of established work practices? If tihs is allowed over an established priod of time, the company can't just make changes on their own without bargaining.

 

[mllandrum]

union breaks

If the company changed requirements, sounds like there was some form of abuse, like people leaving early or coming back late, or both. I don't believe you answered about breaks being addressed in the union contract, but the company gives you breaks, they have every right to tell you not to leave the company property during that time, regardless of you being permitted to previously. Breaks are not a right or something that the company has to provide by law, and most contracts I have seen just basically says an employee may take 15 or 20 minute break, what ever the company allows.

 

[lisa988]

I'm in MA and at least the company says we can't leave the premises during breaks. Their reason is if we're on the clock then they can be liable for, for instance, an auto accident.