20
minute lunch breaks - Update
January 30th,
2007
Brothers and Sisters,
On December 3rd, 2006, following a session of bargaining with
CPRail, I wrote to you concerning the application of article 8.4
of wage agreement 41:
"... It was surprising to hear a senior manager, for example,
state that our members do not have to take lunch between the 5th
and 6th hour. Needless to say, we took exception to this and confronted
him with the actually wording of the Collective Agreement. He
then explained that he knows our members are working through their
20 minute paid lunches on the TP&E, but that they voluntarily
do that to help out their supervisors and to "..increase
production", not because of intimidation or outright refusal
to let them stop (even though the members actually working on
these crews say the opposite).
As disturbing
as comments like this are, they at least give us a chance to deal
with them and educate these people as to their responsibilities
under the collective agreement. After all, it is the 21st century.
We are not in indentured servitude. By the company's own admission,
the production on TP&E across the country is better than it
has ever been, so why would they feel that they can deny someone
the simple comfort of stopping for twenty minutes between the
5th and 6th hour and eating their lunch in peace? After all, it
is clearly within the Collective Agreement.
I
mean, what reasonable person actually believes that men and women
who do hard physical labour for over ten hours every day and are
entitled by contract to a 20 minute paid lunch, will all voluntarily
give this up, out of the goodness of their hearts, to help increase
their supervisor's bonus? Well, one manager not only professed
to believe this, he actually tried to pass it off (unsuccessfully)
as fact to the people who work on these crews..."
After this round of bargaining, on November 30th, I sent a
letter to the company
to inform them that we would no longer accept the practice of
them disallowing our members to stop for lunch. I also initiated
the attached grievance on December 5th, 2007. Forty two (42) days
later the company responded (also attached).
As you can see from the company's response, they are overruling
Mr. Manconi's position and agreeing that the 20 minute meal break
will be within the 5th and 6th hours and will be during a time
when no service will be required. This means that there will be
no more having to eat 'on the go'. If you are working under the
'20 minute' lunch rule, you will be allowed to stop work, sit
down, relax and eat for 20 minutes at a point within the 5th and
6th hours of service.
For
example, if you start at 0700, then between 1200 and 1400 will
have 20 minutes off work. In this scenario, the latest that your
lunch could begin would be 13:40.
As
the company is allowed to decide which 20 minute block you will
get (within the 5th and 6th hours), they will be responsible for
informing you when you will get lunch. We do not have a problem
with this being done daily (preferably at the job briefing).
If
anyone working under the 20 minute rule of 8.4, is not informed
when their lunch will be or is not allowed to take their lunch
within the 5th and 6th hours, please inform your Director as soon
as possible.
Though both human decency and the collective agreement are clear
in how this rule should have been applied, because certain supervisors
and managers were trying to squeeze as much out of you as they
could get away with, our membership was denied this simple guaranteed
right. I am still surprised that they made us grieve it. But Mr.
Manconi was adamant. So we grieved it.
And now we have clear language on how this article is to be applied.
I am grateful that there are still company managers who have the
integrity and common sense to resolve grievances like this. I
only hope that someone with authority takes a closer look at the
other managers. The ones who make the decisions which cause these
grievances to be initiated. Perhaps they would realize a little
education may be in order.
Stay safe, stay strong, stay united.
Bill Brehl
President
TCRC MWED
