The Judge determined that the circumstances of this case are governed by the Authority's decision in Oklahoma City Air Logistics Center (AFLC), Tinker Air Force Base, Oklahoma, 6 FLRA 159 (1981) (Tinker). In all honesty, being a Navy kid was tough at times. See Tr. All Department of the Navy personnel are exwcted to conduct themselves in accordance with the highest standards of personal and professional integrity and ethics. A basic workday is usually 8 hours, but the basic work requirement may be longer for certain days under alternative work schedules (i.e., flexible or compressed work schedules) authorized by subchapter II of chapter 61 of title 5, United States Code. 1111. Settlement Judge Program Frequently Asked Questions (FAQs), Office of Legislative Affairs and Program Planning, Archival Decisions, Legislative History, & Foreign Service Decisions, United States, Department of the Navy, Naval Air Station, Pensacola, Florida (Respondent) and American Federation of Government Employees, Local 1960 (Charging Party/Union). Thus, the fact that the employees' breaks are not scheduled does not demonstrate that they are in a duty status during those breaks. The Judge found that the employees take a lunch break of approximately one hour between 11:00 a.m. and 1 p.m., although employees are permitted to eat lunch outside this time period if they do not have conflicting work-related activities. For example, if a factory in California fails to provide two paid breaks and a paid lunch break for its 100 employees who all make the state minimum wage of $10.00 per hour, they can expect damages of at least $3,000 per day (three breaks at $10.00 per missed break, times 100 employees). Federal Labor Relations Authority, Marquis Two Tower, Suite 701, 285 Peachtree Center Avenue, Atlanta, GA Nothing in Tinker indicates that the formula for calculating employees' basic rate of pay is determinative as to whether they are in a duty or nonduty status, and the Respondent provides no argument as to why it should be. The bargaining unit employees at issue here are firefighters who work twenty-four-hour shifts, beginning at 7:30 a.m. See, e.g., Cooper Tire & Rubber Co. v. NLRB, 957 F.2d 1245, 1250 (5th Cir. labor organization, or to refrain from any such activity . By regulation, the recommended standard is ½ hour after 6 consecutive hours' work in factories, mechanical and mercantile establishments and certain service industries, to be given reasonably close to usual meal time or near middle of shift. The Authority has held that § 7102 of the Statute protects employees' right to solicit union membership. Accordingly, the Judge did not err in finding that the Respondent violated § 7116(a)(1) of the Statute as alleged, and the Respondent's exceptions are denied. source of meal rates for reimbursement pur-poses; delegates the approval authority for catered meals and host nation meals from Headquarters, Department of the Army to the Army commands; and authorizes the use of the Government purchase card for subsistence purchases when in the best in-terest of the Government. Labor-Management Relations Statute. the Judge's decision further. Respondent's Exceptions at 3. ... violate any safety or security regulations that apply to persons ... work, or during lunch or other breaks. Id. Finally, the GC disputes the Respondent's claim that the employees are required to perform duties throughout their entire shifts. SECNAVINST 5100.13E N135 31 July 2008 SECNAV INSTRUCTION 5100.13E From: Secretary of the Navy Subj: NAVY AND MARINE CORPS TOBACCO POLICY Ref: … The GC acknowledges that the employees in Tinker had break and meal periods at designated times, but asserts that all Federal employees -- including those at issue in Tinker -- are subject to being called back to work when they are on breaks. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. . NAVAL AIR STATION and Learn sessions with firefighters on the basis that firefighters work 24 hour shifts and do not have any nonduty Judge's Decision at 4. § 7102. This may include requiring an employer to pay an employee for time worked while on a bona fide meal or lunch break, even if the break is supposed to be unpaid. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. [n1] In this regard, the Judge found that the mere fact that the firefighters are in a pay status does not mean that they are in a duty status that would preclude solicitation by the Union. At a minimum, all personnel shall comply with directives issued by the Sscretary of Defense and the Secretary of the Navy regarding the Standards of Canduct and Government Ethics. Thus, the fact that the employees at issue here are required to be prepared to perform duties during their breaks provides no basis for declining to apply Tinker here. Breaks of any kind (instructional, bathroom, smoking, meals, etc.) shall be performed during the time the I am attempting to search up an AFI for Lunch Break regulations. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Id. UNITED STATES We provide Governmentwide leadership on Federal work scheduling policies and programs. breaks in working hours of more than 1 hour may not be scheduled in a basic workday. New York Meal Breaks. Under some policies, employees must work a prescribed number of hours a pay period and be present during a daily "core time." This is an official U.S. Navy Website Need Career, Pay or Personnel help? DoD Directives, Regulations, and Instructions DoD Directive: DoD Directive 1015.5 - DoD Student Meal Program This implements the provisions for students attending DoD dependents schools and provides policy, assigns responsibilities, and prescribes procedures for the DoD Student Meal … Bona fide meal periods (typically 30 minutes or … In addition to being covered by ARs, most Posts / Commands have policies that cover this as well. The General Counsel (GC) filed an opposition to the Respondent's exceptions. b. Usually, minors must be allowed a lunch break. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. [n4] Id. The Judge found that the employees take a lunch break of approximately one hour between 11:00 a.m. and 1 p.m., although employees are permitted to eat lunch outside this time period if they do not have conflicting work-related activities. This case is before the Authority on exceptions to the attached decision of the Administrative Law Judge (the Judge) filed by the Respondent. In this connection, nothing in Tinker indicates the distinction between duty status and nonduty status is based on whether management expressly schedules, rather than merely permits, breaks. The Office of Personnel Management may prescribe regulations, ... of the National Security Act Amendments of 1949 (63 Stat. See your command time and attendance instruction for more detailed information on lunch breaks. covered by any other material. § 5545b(b)(2), which eliminated standby pay for certain hours during the firefighters' shifts, and provides that all hours in the employees' shift are included in their rate of basic pay. Regulations specifically prohibit drinking during the duty day. While the norm is to allow employees one hour for a lunch break, it isn't set in stone. 5 U.S.C. Section 7131(b) of the Statute provides, in pertinent part, that "[a]ny activities performed by any employee relating to the Dated: ______ By: ______________________. We develop and maintain Governmentwide regulations and policies on the administration of work schedules, including the basic 40-hour workweek, holidays, and flexible and compressed work schedules.However, each Federal agency is responsible for administering work scheduling policies and programs for its … Pursuant to § 2423.41(c) of the Authority's Rules and Regulations and § 7118 of the Federal Service [ v61 A meal period after six hours of work is permissible if it does not affect the health of an employee. at 28 (testimony that after 4 p.m. employees perform non-work activities such as playing softball and going to the gym); id. time during their shifts. Employees who start work before 11:00 am and work until after 7:00 pm must be allowed a second meal break of at least 20 minutes. 1202. For the foregoing reasons, the Judge did not err in finding that the employees have nonduty periods during their shifts, during which the Union is entitled to solicit them for membership purposes. “Off-duty” means: See, e.g., Overseas Educ. § 5545b(b)(2) does not demonstrate that the employees at issue here are in a duty status during their entire shifts. are all at the discretion of the commander for military personnel. OF GOVERNMENT EMPLOYEES fÝJV6+°R5ÆSE @ÜÄê@þ ô ß°8KÒa`|©QÆ¨` õ, Watch free online FLRA trainings on our Youtube channel and donât forget to subscribe to receive updates on new videos. The Respondent contends that, by contrast, for the employees at issue here, there is "no portion of the 24 hour shift[s] during which the performance of job functions [is] not required." internal business of a labor organization (including the solicitation of membership . Id. . If employees have any question concerning this Notice or compliance with its provisions, they may communicate § 5545b provides, in pertinent part: As the Respondent does not except to the Judge's findings regarding the parties' agreement, we do not discuss that aspect of Thus, the GC contends that the fact that the employees at issue here must be prepared to perform work at any time during their shifts does not provide a basis for declining to apply Tinker in this case. (b) Pursuant to § 2423.41(e) of the Authority's Rules and Regulations, notify the Regional Director of the Atlanta Region, Federal Labor Relations Authority, in writing, within 30 days of the date of this Order, as to what steps have been taken to comply. There is no basis for finding that the employees in Tinker were not also subject to that rule. WE WILL NOT interfere with, restrain or coerce employees in the exercise of their rights assured by the Federal Service A flexible work schedule is an alternative to the traditional 9 to 5, 40-hour work week. 3 years ago. The Federal Labor Relations Authority has found that the United States Department of the Navy, Naval Air Station, This regulation According to the GC, the Judge correctly determined that Tinker, 6 FLRA 159, applies here. at 26 (testimony that employees try to take a lunch break, which generally consists of about one hour, between 11 a.m. and 1 p.m.); id. State Laws on Meal Breaks. Ass'n, 39 FLRA 153, 164 (1991) (absolute requirement precluding assignment of duties during lunch period not negotiable). Watch this video for an overview of No salute shall be fired in honor orany nation of any official of any nation “ot formally recognized by the Government of the United States. The junior enlisted are suffering due to the incompetence of the E-5's that run the section. There is a fridge and microwave so I will probably being doing that. Call MyNavy Career Center: 833-330-MNCC , or 901-874-MNCC (DSN 882- 6622 ), Email MNCC , MNCC Chat 108 Further, 5 U.S.C. My supervisor wants it yet everytime I show him a document he tells me that isn't … Press J to jump to the feed. p564 ] performed when employees are in a "nonduty status." ." 6101(a)(3)(F).) Rather, § 5545b(b)(2) establishes how the employees' basic rate of pay is to be calculated. Find everything you need to know about filing a case with the FLRA. However, the Respondent has not demonstrated how that fact provides a basis for finding that the Judge erred by applying Tinker here. The United States Federal Government has created standards regarding breaks. Supervisors may not extend a regularly-scheduled lunch break by permitting an employee to take an authorized rest period (i.e., 15-minute breaks) prior to or immediately following lunch because a rest File 2: ALJ's Decision. As such, regulations regarding lunch breaks may vary slightly from one state to another. Instruction regarding break/lunch times. NOTICE TO ALL EMPLOYEES . Advanced Search. The Fair Labor Standards Act (FLSA) does not address flexible work schedules. As a little guy then, I didn’t shoot much, but being on the Marine’s indoor range might’ve put a little hair on my chest. Regulations FMR Home About the FMR Key Links Policy Memoranda Archives FMR Help Contact Us; DoD 7000.14-R Department of Defense Financial Management Regulation (DoD FMR) Welcome to the DoDFMR Website. id. This limitation applies to lunch and other meal periods. c. Lunch. At this time FLRA remains fully operational. In those states that require meal breaks, employees who work more than five or six hours at a time typically must be allowed to take a half hour to eat. View the legislative history of the Federal Service Labor-Management Relations Statute, the Civil Service Reform Act, and the Foreign Service Act. Full-time employees are authorized two 15-minute breaks and a 30-minute lunch. Specifically, the Judge found that the employees are in a nonduty status during the periods when they are not required to perform work. Find a listing of FLRA contacts that you can call for more information. 5 U.S.C. Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute. [n3] See SSA, 13 FLRA 409, 411 (1983). 30303-1270, and whose telephone number is: 404-331-5300. at 41-42 (testimony that supervisors at each station will indicate a block of time for lunch). Whether it was sharing lunch with the crew and other Tigers or watching the awe-inspiring skill and tact of flight ops, I loved being on the flight deck most of all. However, § 7131(b) of the Statute requires that such solicitation be [ v61 Reasonable steps shall be taken to ensure that such Notices are not altered, defaced or covered by any other material. FEDERAL LABOR RELATIONS AUTHORITY. denied, 506 U.S. 985 (while it is permissible to ban solicitation during "working hours[,]" "[t]he term `working hours' does not include break periods, whether informal or regularly scheduled.") p565 ] Labor-Management Relations Statute, it is hereby ordered that the United States Department of the Navy, Naval Air Station, Pensacola, Florida shall: (a) Refusing to allow the American Federation of Government Employees, Local 1960, to conduct Lunch and Learn sessions with firefighters on the basis that firefighters work 24 hour shifts and do not have any nonduty time during their shifts. The following Regulations are issued in accordance with the provisions of Title 10, United States Code, Section 6011, for the government of all persons in the Department of the Navy. . Employees who work during the lunch period must be allowed at least 30 minutes off for a meal break. WE WILL NOT refuse to allow the American Federation of Government Employees, Local 1960 to conduct Lunch In so holding, the Authority stated that where "employees, at the discretion of management, have been assigned periods of time during which the performance of job functions is not required (i.e., paid free time), . This is consistent with private sector precedent. In this connection, the Respondent contends that the Judge's reliance on Tinker, 6 FLRA 159, is misplaced because, "[i]n Tinker, unlike in the instant case, employees had both designated lunch periods and break periods and were compensated for such periods," despite the fact that performance of job functions was not required during those periods. Pensacola, Florida violated the Federal Service Labor-Management Relations Statute and has ordered us to post and (b) Interfering with, restraining or coercing its employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute. The Industrial Welfare Commission Orders requires a half an hour meal period after five hours of work, unless the workday will be completed in six hours or less and the employee and employer have an agreement to waive the meal period. With regard to the fact that the employees at issue here must be prepared to perform duties at any time during their shifts, the Authority has held that management has the right to assign work to employees during break periods. p563 ] during their shifts. § 7131(b). In this regard, as found by the Judge, § 5545b(b)(2) does not define duty or nonduty status. The Respondent asserts that the employees are in a duty status during the entirety of their shifts and, thus, the Union was not entitled to conduct the requested meeting. (5) Lunch/Breaks. The Judge found that the Respondent violated the Statute as alleged. 1992), reh'g denied, 968 F.2d 18 (1992), cert. In fact, in Department of Commerce, Bureau of the Census, 26 FLRA 311 (1987), the Authority upheld a judge's finding of a § 7116(a)(1) violation where the respondent imposed a no-solicitation rule during lunch and other breaks, despite the fact that there were "no common periods of employee non-work times" and coffee breaks were "worked into the day[']s work schedule by individual employees" rather than scheduled by management. Thus, employees may be in a nonduty status, and may be solicited, despite the fact that they are being paid during the period at issue. regulations may be dispensed with when directed by the Sscretary of the Navy or when rsquested by an individual to whom such honors and ceremonies are due. In most circumstances, an agency is prohibited from scheduling a break in working hours of more than 1 hour during a basic workday. It allows employees to vary their arrival and/or departure times. Accordingly, the Respondent's challenge is without merit. Honors Restricted to Recognized Governments. All Hands Magazine Read current and archived editions of the All Hands magazine, a monthly publication that looks at the lives of Navy service members. at 53 and 56 (management official's testimony that firefighters are working throughout their entire shift, but then acknowledging that, firefighters are able to eat lunch between 11:00 a.m. and 1:00 p.m. about half the time, and are permitted to engage in non-work-related activities during shift). Section 7102 of the Statute provides, in pertinent part, that "[e]ach employee shall have the right to form, join, or assist any A: If it is your meal break, you should be allowed to spend it however you want, including taking a nap. Cf. They sweet talk the 1SG into not believing anything that we say and our CSM doesn't return our calls to use the open door policy. In so finding, the Judge rejected the Respondent's reliance on 5 U.S.C. The Union requested the Respondent's permission to use a break room for approximately four hours, scheduled around the employees' lunch periods, to inform the employees about the benefits of joining the Union. That ended during the de-glamorization of alcohol campaign in the late 80s/early 90s. 5 U.S.C. The complaint alleges that the Respondent violated § 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) by denying the Charging Party's (the Union's) request to meet with unit employees. The Respondent correctly asserts that, unlike the employees here, the employees in Tinker had designated lunch periods and break periods. endstream endobj 366 0 obj <. Find historical decisions of the Assistant Secretary of Labor for Labor-Management Relations and the Federal Labor Relations Council, as well as Foreign Service Labor Relations Board decisions. Upon receipt of such forms they shall be signed by the Commanding Officer of that facility, and shall be posted and maintained for 60 consecutive days thereafter in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. 1000 SECNAVINST 4200.36B . .) The Respondent denied the request, claiming that the employees do not have any nonduty periods, and thus cannot be solicited for Union membership, [ v61 at 37 (testimony that employees sometimes watch television and engage in other non-work activities during their shifts); id. Take the following affirmative action in order to effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute: (a) Post at its Pensacola, Florida facility copies of the attached Notice on forms to be furnished by the Authority. Meal policies cover most federal employees, including white- and blue-collar workers. The Union filed a charge, and the GC issued a complaint, alleging that the Respondent's denial of the request violated § 7116(a)(1) of the Statute. (a) These periods will not be considered as time worked unless the DoD Component head establishes criteria for a paid meal or lunch period as a result of an employee’s duties directly with the Regional Director, Atlanta Regional Office, Federal Labor Relations Authority, whose address is: Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, recommendations, and recommended Order and Notice for the reasons that follow. File 1: Authority's Decision in 61 I've been trying to search for a specific instruction that covers break times for military members including lunch time but I can only seem to find things related to DoD Civilians and Contractors. (Charging Party/Union), Before the Authority: Dale Cabaniss, Chairman and Carol Waller Pope, Member. When I came into the Army in 1984, there was still the two-beer lunch rule. The Judge also found that the parties' agreement did not permit the denial of the Union's request, [n2] and he concluded that the Respondent violated § 7116(a)(1) of the Statute as alleged. at 33 (testimony that although there is not a set lunch time, employees try to designate their lunch period between 11 and 1); id. Further, the GC asserts that 5 U.S.C. Finally, to the extent that the Respondent is challenging the Judge's finding that there are periods during which employees are not required to perform duties, the record supports the Judge's finding. 2. Regular meal or lunch periods will be established for durations between 30 minutes to 1 hour. “Providing” a meal period means the employer must provide an off-duty meal period. In most locations, employers are not required to offer adult employees lunch breaks or coffee breaks. Basic Workday is an 8-hour day and a nonpaid 30-minute time-period for lunch for the traditional work schedule (e.g., 0730 to 1600). abide by this Notice. See 6 FLRA at 162. Fewer than half the states require employers to provide a meal break. I don't have a meal card as I receive BAS. § 5545b(b)(2) merely establishes the manner in which the employees' pay is computed, and does not alter the fact that there are periods during which the employees are not performing duties. Find a listing of all of the FLRA's current job openings. (See 5 U.S.C. Under California law, employers must provide a 30-minute uninterrupted meal period to employees for every 5 hours of work. (See 29 CFR 785.11 ). NPC Navy News Online source of information for the latest Navy news from Navy Personnel Command. Are you a new DoD FMR user? FLRA No. b. at 317, 315 n.2 (judge's decision). employee is in a nonduty status." (Respondent), AMERICAN FEDERATION POSTED BY ORDER OF THE PENSACOLA, FLORIDA rest periods and a 45-minute lunch break during regularly scheduled work hours of 8 a.m. to 4:30 p.m. Management later reduced the lunch break to 30 minutes on the basis that the lunch break was noncompensable, and as scheduled, allowed employees to be on duty LOCAL 1960 DEPARTMENT OF THE NAVY In Tinker, the Authority held that the respondent violated § 7116(a)(1) of the Statute by prohibiting solicitation of union membership during paid breaks and lunch periods. The Judge also determined that, after approximately 4:00 p.m., the employees are permitted to pursue various personal activities, including "self-study[,]" watching television, cooking and eating meals, exercising in the firehouse gym, and playing softball, as long as they remain prepared to perform duties that may be assigned. Break and Rest Periods (1) Meal Periods. . This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or Civilian personnel have breaks as specified in their contract, and it's usually two 15-minute breaks and at least 30 minutes for lunch for every 8-hour work day. such time falls within the meaning of the term `nonduty status' as used in [§] 7131(b)[,]" and "solicitation of membership during such time is permissible." See supra, note 1. Reimagine public spaces, including closing or redirecting traffic in common work areas like meeting rooms, break rooms, cafeterias or lunch rooms, locker rooms, check-in … I'm in a normal unit at Ft. Leonard Wood and my NCO's are not offering any time for lunch.
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