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carrier X  
#1 Posted : Thursday, March 16, 2006 7:10:08 AM(UTC)
carrier X

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I work in a small office where we have waived our 1/2 hr. lunch after working 6 hrs. We have done this for over 10 yrs. Now, our supervisor states that we can no longer do so because of a "Wallwart suit". That it is across the board nation wide, that all employees are forced to clock out for 30 min. We all like coming in there and working a strait 8 hrs. with 2 ten minute breaks. Has anyone heard of this, or have any knowledge of a "new rule"?
Thanks
MWC
superdave  
#2 Posted : Thursday, March 16, 2006 8:09:02 AM(UTC)
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the Wal-Mart suit and what your supervisor is saying. I believe this is the report and you be the judge.

http://abcnews.go.com/Business/LegalCenter/wireStory?id=1141422&CMP=OTC-RSSFeeds0312&business=true&business=true
wmrn43a  
#3 Posted : Thursday, March 16, 2006 8:33:50 AM(UTC)
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My agency has always required us to take lunch after 6hrs.
notimeouts71  
#4 Posted : Thursday, March 16, 2006 1:28:52 PM(UTC)
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quote:
Originally posted by wmrn43a:
My agency has always required us to take lunch after 6hrs.


From the Employee Labor Relations Manual (ELM)
432.33 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."
superdave  
#5 Posted : Thursday, March 16, 2006 6:55:53 PM(UTC)
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When must breaks and meal periods be given?

The Fair Labor Standards Act (FLSA) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative).

http://www.dol.gov/search/Search.aspx?search_term=meals&offset=0&Image1.x=20&Image1.y=12
elgallo2  
#6 Posted : Friday, March 17, 2006 3:07:32 AM(UTC)
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If I am not mistaken the FLSA in most if not all instances pertains to non-exempt employees only. If you are an exempt employee, FLSA does not apply.
superdave  
#7 Posted : Friday, March 17, 2006 3:28:42 AM(UTC)
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I provided and there will be more than just that one post regarding meal periods from the FLSA, including a link for each state that has a requirement.
carrier X  
#8 Posted : Friday, March 17, 2006 4:21:07 AM(UTC)
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Thanks for the input. We know that under law that we are allowed a lunch break, but we all agreed to waive our lunch over 10 years ago, because thats what we wanted. Everybody likes it, even our supervisor does. This just came up recently ( because of Walmart ).Told it is across-the-board nation wide that we "have" to take a lunch. We don't want to be there another half hour everyday, hah hah! I hope this works out. If our job duties for the day require a lunch that is understandable. The supervisor called labor relations on this matter, waiting for a reply. Super Dave, are you a steward? You seem to have alot of knowledge on work place issues.
superdave  
#9 Posted : Friday, March 17, 2006 5:38:59 AM(UTC)
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I used to be a steward many moons ago and am now retired, but I find the Internet is a wonderful thing and just doing a search using the right words will bring you a wealth of information. You should bookmark websites such as the US Department of Labor at dol.gov, Office of Personnel Management at opm.gov, Merit Systems Protection Board at mspb.gov, Equal Employment Opportunity Commission as eeoc.gov. Others are OSHA which is under the dol.gov but some states have taken responsibility from OSHA and will enforce the regulations of OSHA along with some of their own. They all provide search engines and if you know what each agency has jurisdiction over you can find just about anything. You as a clerk should use apwu.org and carriers can use nalc.org. Good luck with your issue and hope you found some useful information.
carrier X  
#10 Posted : Friday, March 17, 2006 7:52:48 AM(UTC)
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Thank you for all the info, I did go to the sites you that you gave me and printed out some " stuff" to take to work tommarrow.
Thanks again! Wink
bobonbreak  
#11 Posted : Tuesday, March 21, 2006 1:47:50 AM(UTC)
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It is a Federal Law, that after or before your 6th hour of work you take a lunch. You have been allowed to take a "no lunch". The new supervisor is following the law, and is politically correct. Wal-Mart has nothing to do with FLSA standards..

Bob....
bobonbreak  
#12 Posted : Tuesday, March 21, 2006 1:48:01 AM(UTC)
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It is a Federal Law, that after or before your 6th hour of work you take a lunch. You have been allowed to take a "no lunch". The new supervisor is following the law, and is politically correct. Wal-Mart has nothing to do with FLSA standards..

Bob....
A Crowbridge  
#13 Posted : Tuesday, March 21, 2006 2:15:05 AM(UTC)
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carrier X  
#14 Posted : Wednesday, March 22, 2006 3:43:38 AM(UTC)
carrier X

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This whole, probably trivial matter, though important to us seems to fall under past practice. I'll let the forum know what happens.
tfullrtn  
#15 Posted : Wednesday, March 22, 2006 9:03:22 AM(UTC)
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This is happening every where private sector including quasi Fed agencies alike. My wife works for UPS drivers used to work through their lunch getting off earlier. Now, mandatory must take an hour lunch. In fact, the drivers delivery board once the driver punchs out for lunch stays off for a full hour until the drivers lunch break is over. Then an only then will the driver be able to use his board and punch back in.

This is due to abuse over the years by some companies and by workers coming back on employers with law suits saying I was forced to work through my lunch!! Frown
stevemc8  
#16 Posted : Monday, March 27, 2006 4:14:26 PM(UTC)
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Actually it is not a federal law, and in my state there is no state law in regards to a lunch period. The reason we have lunch break in the PO is the unions fought for it. The problem with doing a no lunch is your giving away one of your rights gotten for you by the union.

There is not even a federal law concerning breaks, those too were negoiated by the union with management.
cait43  
#17 Posted : Saturday, April 01, 2006 1:23:38 PM(UTC)
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For the record. The postal unions did not negotiate lunch breaks. Prior to the Postal Reorganization Act, postal workers were not allowed to have unions. The “associations” that were there at the time had no right, by law, to bargain with the post office. Also, lunch breaks (aka swing) were a part of the post office for years prior to being allowed to unionize. They were and still are “given” to employees, but not within in the 8 hour day. So in a technical sense an employee’s work day consists of 8.5 hours or more depending on “lunch” time given to the assignment.

If you look to the USPS contracts you will see no language concerning lunch breaks. Main reason being, paid lunch breaks have never been achieved by the unions. Truthfully, I don’t even know if the unions have ever brought it to the table. They did however achieve the paid break time.
cait43  
#18 Posted : Saturday, April 01, 2006 1:26:25 PM(UTC)
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Keep in mind, normally the USPS and any government agency does not have to comply with state laws. Hell, forthat matter the USPS doesn't comply with most federal law.
stevemc8  
#19 Posted : Tuesday, April 04, 2006 10:21:36 AM(UTC)
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Your right lunch breaks were not negotiated by the union, guess I was giving the Union too much credit. I do stand behind the fact that there is no federal law requireing lunch breaks. So why would the either the union or management care if you do or do not take one, and why do you have to have the union approve a change of schedule slip if you are asking for a no lunch (at least here we do)?
redhairing  
#20 Posted : Tuesday, June 13, 2006 9:49:20 AM(UTC)
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in our office in Kansas we did not take a half hour lunch. They are not required to make you work over 6 without a lunch but ytou sound like you were not being forced to work without the opportunity. Every manager will interpet this to meet their neeeds.Do not ask the Union for help. They do not care. The national Labor Board does not care either. If the Union simply says they are doing what they are doing in what they believe is the best interest of it's member the national Labor Board can not help. So become one of us the scabs and except the fact management does not care about you just the business and the union does not care about you just the dues money and try to make each day a good day. There is no justice in the Postal World.
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