As a result of the recently ratified agreement, there Is a need to clarify the underlying intent relative to the modification In Article 36— Meal Penods of the AA/TWU M&R and Stores agreements. The particular provision involved Is 36(c). See below.
(b) Meal periods will be scheduled to begin not earlier than three (3) hours after commencement of work that day and not later than five hours after commencement of work that day. The commencement of work Is from the start of the employee’s regular shift. if an employee Is not scheduled for a meal period within the foregoing time span, the meal period will be provided immediately before or after it. in the event that a meal period has not been provided in accordance with the foregoing, the employee is then free, if he so desires, to take his meal period.
(c) in the event an employee Is not provided a meal period as outlined in paragraph (b) above the employee will be coded as No Meal by his Manager and will be permitted to badge off shift 30 mInutes prior to his scheduled off time.
Article 36(c) was added during this last round of bargaining and since It has a reference to (b) it is Important to clarify what was intended by the addition of (c).
The purpose of 36(c) was to address the 8ituation In which a covered employee did not receive a meal period within the 3d to 5th hour as outlined in Article 36(b).
Example A:
Emp. A: 06:00 — 14:30 Shift
At management’s request employee works from 06:00 to 11:00 without a 30 minute meal period
Takes 30 minute meal period from 11:01 to 11:31
Article 36(c) is applicable and with approval of management would be permitted to badge out at 14:00 and coded NVS/NVH or NVO.
If approved to leave, no additional compensation for the day.
If required to remain on duty until end of shift, employee will receive a half hour at time and one half (NM).
With respect to the leaving 30 minutes prior to the end of the shift under the proper application, the employee must have approval from management to do so and the employee does not have the discretion to do so on their own.
Full Letter signed Article 36 Clarification LOA M&R and Stores 10-2-2012