Stdy

Course:

MG320 Labor Relations

Date:

04/09/23

From:

T’Kenyah Hunter

Re:

Case Study Exercise 3

Complete and click to close this header to begin your assignment content below

Case Study 8-4:

"Donning Safety Equipment" or "Changing Clothes"

Q-1.

Analyze how each side interprets the meaning of this contract clause. Whose position is more persuasive? Why?

Answer:

Q-2.

In 1947, Congress passed the Portal-to-Portal Act (a “portal” is a doorway; 61 Stat. 84, as amended, 29 U. S. C. §251 et seq. (2006 ed. and Supp. V). §251(a). This law said that an employer is not liable to pay workers for time they spend traveling to work (e.g., an hour-long commute). It also excludes from compensable time, “activities which are preliminary to or postliminary to [the] principal activity or activities [that an employee is employed to perform], which occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities.” 61 Stat. 87, 29 U. S. C. §254(a)(2). Further, in 1949, Congress amended the Fair Labor Standards Act (which regulates overtime) to read, “[In determining] the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday.” 63 Stat. 911, 29 U. S. C. §203(o). This law excluded “changing clothes” from compensable time, but it also specifically allowed collective bargaining agreements to specify that such time be paid.

Analyze the case in light of these two relevant laws.

Answer: