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wailman · Feb 1, 2006, 07:09 AM

Is it legal practice to have an employer require you to be on the job 5 minutes early? If they require it, should they not pay us for it? They are threatening to write us up if we fail to do so. We are in a union shop, but the elected union officials have absolutely NO idea what is going on. My defense is that if they require us to be on the job 5 minutes early every day, then we are giving the company a half hour a week of overtime and that we are due payment. I do not want to start trouble, but I do not like being TOLD to be on the job early. Next it will be 15 minutes. If I get written up and have a paper copy of the write up, could I file a class act settlement to get paid for the time? I figure if I file a class act settlement on behalf of the employees, this requirement will go away very quickly. Any and all thoughts would be greatly appreciated!

Thank you!

Chris

mr.yet · Feb 1, 2006, 07:38 AM

Normal practice is that you be at your work station,by the time of the start of your shift. Meaning if 8 am start be at work station at 8 am, if they require early start when they should have to pay.

WORKMAN IS WORTHY OF HIS HIRE. The first of these is expressed in Exodus 20:15; Lev. 19:13; Mat 10:10; Luke 10:7; Tim 2:6. Legal maxim: "It is against equity for freemen not to have the free disposal of their own property."

fredg · Feb 1, 2006, 07:54 AM

Hi,
You said you are "union shop", but the elected officials know nothing about this. They would be the ones you need to contact, and let them know. If there is anything they can legally do, I am sure they will do it.
I also worked a job as a Customer Care Representative for a large cell phone company, requiring us to be at our desks 5 min. early to check emails, hot new topics for the day, etc. No one ever questioned it. We were just glad to have a job.
But, as of this year, they are now Union, and I am not sure of the legal end of it.
Please contact your Union Representative. Best of luck.

CaptainForest · Feb 1, 2006, 09:49 AM

Contact your union rep. His/Her job is to get informed.

But you are right. They can't demand you show up 5 min early and choose not to pay u for it.

tkrussell · Feb 1, 2006, 10:17 AM

I am a non union employee that supervises union electrical workers. My workers are required to be at the jobsite at 7AM, ready to work. Of course many,most show up early to get ready , have a coffee, bathroom, whatever, then get to their work. Somewhat lax, no splitting hairs, few minutes before or after, no one gets worked up about it.

What these guys must do is to travel to the job site, on their own time, many with their own vehicle,no matter where. Today they may work in town, and tomorrow they may need to travel an hour one way.

We do have certain employees that are issued a truck and fuel, to travel on their own time, but at least they get to save some money saving on wear and tear on their own vehicles. But for that these guys are on a rotating weekly schedule to be on call, 24 hours a day 7 days that week. If the pager goes off, they must call and go if they must.

Sounds as if you are in a plant of some sort. All I can offer over and above checking with your union steward and union officials. I find it hard to believe that management would stipulate this 5 min requirement without checking with the union. But I suppose it could happen. Do you have a steward? This is his/her responsibility to monitor managements procedures on a daily basis in real time, and if he/her is not sure, to go back and check with the union officials.

Have you read your entire contact to be sure there is not this requirement already addressed? You can also check with your states labor dept, management and the union must be in compliance with the states regulations.

I personally don't feel the 5 min is a hardship, but again I am involved with construction and the small amounts of time are somewhat fluid and forgiving.

I can say I worked at a large brass plant, as a union employee, and I got to see what the other long time union workers got away with, needless to say this company closed a couple of years later. More jobs exported to other countries. This company had been founded in the 1800's and grew to be a large prominent company, only to be pushed out by poor or lazy workers that wanted to be paid top dollar. If they only worked as hard as they did looking to get out of work, they would still be getting paid very well.

Sure workers are working to make money to live, companies are in business to make money also.Just recently the big auto makers are having problems, I met many workers that actually worked, or should I say show up and put their time in, and the things they would do, or not do, and get paid huge bucks, the big auto three should have closed years ago.

If the 5 min is an issue, check with your steward, or union office, read your contract, and check with the labor dept.

wailman · Feb 1, 2006, 11:19 AM

It's not all about the 5 minutes. It is about how the company is trying to throw their weight around and the union seems to not care or do anything about it. Last week, we were told that we are now going to a second shift production shift. So now I am forced into working second shift. I was working 3rd shift for 2 1/2 years. No warning, I was told that I am now working a completely different shift. No bumps will be given, and they are not putting the jobs up for bid again. I have three children and a wife that works occasionally at night. It is just annoying that it seems that the union does not seem to eager to argue with this. I am glad I have a job and all, just seems that they do not care about the workers. As far as what is in the contract? I do not know. We were never issued contract books. I have been to a new contract agreement voting over 1 1/2 years ago, and they still have not issued contracts to the employees. Kind of hard to argue with items in a contract that you never got to see...

CaptainForest · Feb 1, 2006, 11:37 AM

Maybe you should run to be your Union rep.

Union reps who are passionate and fight for the rights of their members are always the best reps.

Normally, I do not like unions because usually they are out for only money. However, once in a while, they do serve another purpose. This is one of those times.

wailman · Feb 1, 2006, 11:42 AM

I have considered being a union rep, but I really have NO idea what is involved, and without a contract book in hand, I really have NO idea what the rules are or what was in our contract. Thank you for your comments though. I may consider doing it in the near future...

Thanks

C

tkrussell · Feb 1, 2006, 11:53 AM

The all the more to get in touch with your state labor dept. you may need to touch base with a lawyer that specilizes with labor laws. I am sure no expert with unions, but I do believe there is some entitiy higher that regulates them.

I am not able to quote statistics, but the general concenus is that unions are becoming rare. I think I heard recently from the press on the big auto makers is that around 12% of workers are organized, if this is not correct, I do remember that it is low.

Just came to mind thou a thought, great effort was to crush Organized Crime, that I believe had some influence on unions. Now that is old news, unions are becoming diluted.

Try your union officials once more, but give the state and a lawyer the next try to deterimine your rights. You do have certain rights and these are issued by the state and fed labor laws.

That's the best path for you, if some coworkers join in they can help because I think you have a rocky road ahead of you.

wailman · Feb 1, 2006, 11:57 AM

Sounds good. Thank you for the advice! I know the owners would love for us to become a non-union work place. I will see what happens in the near future and go from there.

Thanks again

Chris