Business Rep Susan Palmer, who was instrumental in the case, noted, "Even though no compensation was granted, I was pleased to see the arbitrator understands our position that this has been a long-standing problem for our members, and as a result, he required the Company to write a policy (with concurrence from the Union). This was the right thing to do and should help to ensure that our members' rights by law to a 30-minute, unpaid lunch period are free from duty."
Palmer added, "I would like to thank Steward Steve Parsley for all his hard work and all the members and stewards who testified on the Union's behalf."
Steward Steve Parsley, who provided crucial testimony
in the case, noted "Without the efforts of Business Rep Sue
Palmer, this would not have been possible. She was so supportive
of the issue from day one and stuck with it through arbitration
and developing the new procedure."While the decision failed to offer compensation for past violations, it ordered creation of a Company policy to convey expectations for managers and employees on the monitoring of two-way radios during lunch and break periods. Representatives from the Union and the Company worked together to create PRO 5711 (printed herein per the arbitrator's ruling). Every member required to carry a portable two-way radio in the performance of their work assignment should receive a copy of PRO 5711. Management is also required to hold rostered crew meetings for all organizations affected by this policy in the near future. If your area does not hold a crew meeting, please notify the Steward in your area.
PRO 5711 - Use of Portable Two-Way Radios During Lunch and Authorized Rest Periods
Purpose/Summary: This procedure lists the guidelines and the associated responsibilities for the use of portable two-way radios. Employees covered by a collective bargaining agreement will be governed by this procedure and the applicable agreement, with the agreement having precedence. This procedure applies to IAM-represented employees located in Puget Sound, Spokane, Portland and Wichita.
1. Introduction: The use of a portable two-way radio occurs when business conditions require employees to be provided such devices to receive or provide communication relating to work instructions in support of company operations.
2. Requirements:
A. Employees assigned a portable two-way radio will not be required to monitor their radio during unpaid lunch periods except when management directs the employee during a specific lunch period to: monitor their radio where the effect of this directive is to deny the employee the opportunity to engage in his or her normal lunch break activities.
B. Employees assigned a portable two-way radio will not be paid for carrying or monitoring such a device unless meeting conditions set out in paragraph 2.A.
C. Recording Time: Employees required to monitor their two-way radio as stated in paragraph 2.A. will record this time as time worked.
D. Employees assigned a portable two-way radio must be free from duty and will not be required to monitor their radio during assigned rest periods.
3. Responsibilities
A. Management
1. Provide specific direction to employees when Company operations require an employee to monitor their portable two-way radio during unpaid lunch periods. Requirements to monitor radios during lunch periods shall be limited to those situations when operations demand that the employee be restricted from their normal lunch break activities.
2. Communicate provisions and scope of this procedure.
B. World Headquarters Compensation and Benefits
1. Interpret this procedure as required.
2. Initiate action necessary to keep this procedure up to date.