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Can a Union Contract Superseed State Law and Take My Break Away?

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  • 08-05-2008, 03:45 AM
    ridecosnow
    Can a Union Contract Superseed State Law and Take My Break Away?
    My question involves employment and labor law for the state of: CO

    I work for a union and they have agreed with management to take one of my paid 10 minute breaks away.

    I work 2 shifts, one considered "non-productive(mostly computer work)" and the other is "productive(hard physical labor)." to make up my 8 hour shift. The Union and Company have agreed to take the break away during the non-productive shift.

    I looked at Colorado labor laws and it states that an employee is to receive 2- paid 10 minute breaks, and 1-30 minute unpaid lunch for every shift scheduled for 6 hours or longer.

    Also in the union contract they have agreed that our unpaid lunch period is to be 50 minutes, do I have to take the whole 50 minutes? Or can I just take the 30 minutes per state law?

    This affects about 200 union members in my building alone.
    Colorado Law also states that one can sue for back pay for up to three years, Can I sue for my 10 minute paid break that I didn't receive? And if so, I am paid at 1-1/2 rate overtime after 8 hours everyday. Would this 10 minutes turn into 15 minutes everyday over the last three years I had worked more than 8 hours?

    Thanks for the help!
  • 08-05-2008, 07:45 AM
    cbg
    Re: Can a Union Contract Superseed State Law and Take My Break Away?
    I don't know the answer to your break question, but I do know the answer to your lunch break question.

    There is nothing in the law that gives you the right to blow off your employer OR your union and take a shorter (or a longer) break than they require. If they say you take a 50 minute lunch break, you take a 50 minute lunch break. The law says you MUST get 30 minutes, but it doesn't say you can't be required to take more.
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