The rest of the story...Beam-bathroom breaks

[boone]

Well,,,,, here we go again....The rest of the story.......This is about Jim Beam Distillery.......This article was in the Courier Journal, Louisville Ky....

I have heard for quite some time about this mess that is going on in their distillery........Good God, what a dog fight...

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Jim Beam plant cited over bathroom breaks.

Union, in opposing new limits, says 45 workers have been disciplined.

The Jim Beam bourbon-making plant in Bullit County is disputing a Kentucky Labor Cabinet citation involving toilet breaks for the plant's bottling-line workers.

Under a policly implemented in October, line workers at the Jim Beam Brands CO. plant may use the bathroom onlyu during lunch and tow other scheduled daily breaks, one before lunch and one after. Thye also are allowed one unscheduled toilet break per day, and can be disciplined for taqking more, starting with a warning and escalating to dismissal after six incidents.

Under the old policy, workers were allowed to rotate off the line for short, unscheduled breaks throughout the day, with no set number.

The company said it changed thepolicy after concluding that workers were taking advantage of the liberal break policy even asking for one within five minutes of reporting for duty.

Jim Beam, in a memo filed with the Labor Cabinet said it observed documented and analyzed break habits of the employees and consulted with a urologist to make sure that the new policy would be reasonable. The company said people with medical conditions get more leeway.

But the United Food and Comerical Workers union that represtnts the approximately 100 production line workers said the urologist who studied the toilet-break pattern determined that they were not motiovated by need, but most likely by smoking habits.

The union said 45 workers have been disciplined some workers have begun wearing protective undergarments and others have urinated on themselves becaause they were afraid to leave the line.

It's embarrassing to be a 36 year-old woman and have to justify your need to got to the bathroom, said Krystal Ditto, who said she has been disciplined five times and is one unscheduled bathroom visit away from losing her job.

Once you get the feeling you have to go, you sit ther looking at the clock an see you have an hour to go, and it intensifies. I'm not going to sit ther and be miserable.

The Labor Cabinet in a citation issued in November that the company has appealed said Jim Beam is violating federal labor law requiring employers to provide restroom facilities to employees. While Jim Beam does that, the cabinet said it's policy illegally impedes workers ability to use the facilities.

The cabinet did not propose a fine. A hearing on the citation is scheduled next week in Bardstown.

We feel our system provides reasonable breaks for all employees and we're looking forward to explaining our position in detail next week at the hearing. Stephanie Moritz, director of publications for Jim Beam based in Deerfield, Ill, said yesterday.

Kembra Taylor the Labor Cabinet's general counsel, said it's unusal for a company to fight so long against a citation that doesn't include a fine.

Jo Anne Kelley, the union local's president, has worked at the Jim Beam plant for 34 years. She said that the policy is degrading and that company officials have told some workers that they should practice going to the bathroom every two hours at home on the weekends to put themselves on a schedule.

Basically, we're being asked to train our bladders and other organs to meet their needs, not ours. Kelley said. Your bodily functions don't have a time clock.

She also said some women employees were told they should report to the company's human resources department when their menstrual cycles begin, since that might require additional trips to the restroom.

It is just so dehumanizing. said Jill Cashen, a spokeswoman at the union headquarters in Washington. All the company cares about is when and how often you go to the bathroom. No one cares about what kind of job you did.

In it's appeal, Jim Beam said it's break policy effectively balances the medical needs of employees with the comany's need to maintain a productive workforce.

Cashen disagrees.

What the companyu proposed may not look outragerous on papter. But when you get right down to it it is dehumanizing, she said.

Bettye Jo

[jeff]

If the labor cabinet is not imposing a fine, are they at least requiring that Beam change its policies?

[boone]

I don't know the legal aspects of this.....I do know that a meeting is being held at Nelson County High School for a hearing.....Beam union workers will be there (of course) but Heaven Hill union workers and others will attend to voice thier opinion....this will affect all of us......

Bettye Jo

[bobbyc]

BettyJo , When is the meeting , are you going?

[boone]

I have heard that it is next WED.....they did not know for sure so... they are going to find out the details and let me know tonight......

My opinion...They admit to a smoke break problem.......Do they really have a bathroom break problem?.... Management should have taken care of the problem smokers...Why are they punishing everyone cause of a smoking problem?..... Good God.........The part that blew me away was you have to tell the personel when your menstral period is happening.....Now that is absolute..... bull shit..........

Ohhhhhhh BTW.....Post this on the manegement schedule......Jeanie, is on her period today so she gets one extra break....make sure you count them....and make sure she does not stay too long.....and hell... with whether or not she dipped 600 bottles or dumped 3000 cases......you make sure you keep track of the breaks........

Some people abuse the rules.....BUT..... 100 of em?.................

This kind of stuff leads to other things.......

Bettye Jo

[bobbyc]

What a wonderful job it would be to keep up with how much pissing is going on at Beam's . I can see it now some up and coming management type hits the door , is kissed by his beautiful wife and as he's pouring out his ration of bourbon she ask's how was your day honey? Oh I tell you sweetheart I think I'm on the fast track I finally got that little twit fired for taking too many piss breaks It's time for a celebration!

[cornsqueezins]

ABC news just recently ran an article about this:

http://abcnews.go.com/wire/Business/ap20020827_1117.html

Bettye Jo, are you kin to the lady mentioned in this article? A Mrs. Margaret Boone?

-Troy

[boone]

Yep, She is kin to my husband's set of Boone's.......

Bettye Jo

[kitzg]

Hey, thanks to those of you who've kept us updated with the local impact of this Beam and Bathroom breaks story.

I have quick access to hundreds of newspapers on line and it is interesting that this story has been picked up in many newspapers and even many around the world!

Let us know what happens!

[MurphyDawg]

my unoin rep (from ufcw local 1059) said that this is a bigger deal than most people think, and that it could seriously affect how breaks and bathroom stuff is bargained at next years meetings (evidently the size of the company, Beam, makes people nervous, the union seems very worried about the precedent this could set), so I am really intrested in how this turns out. and I work in retail, having nothing to do will distilleries.

Tom (another union crony) C

[boone]

This was in Monday's paper..........

Officials hear Beam complaints.

Ruling not expected for at least tow months.

SHEPHERDSVILLE---It could be a couple of months before officials and workders at Jim Beam Brands Co. will know if a citation filed by the state over the distlller's bathroom break policy is overturned.

But during a two-day hearing in Shepherdsville that concluded late Thursday, workers may have learned more about a porvision to allow temporary exceptions to the policy, which went into effect last September.

The state Labor Cabinet initiated an investigation after a complaint was filed last fall by JoAnne Kelly, president of the United Food and Comercial Workers Union Local 111D.

The complaint addressed two issues' one included the alleged OSHA violation for not allowing bathroom breaks when needed.

Due to interest in the case including television coverage from both Louisville and Lexington, the hearing had to be relocted to the Bullitt Central auditorium.

Diane Marraccini, and induistrial hygeinest with the state labor department visited the plant after the investigations and had meetings with bottling line employees and company officials.

The policy was that employees were given breaks each morning and afternoon, roughly two hours into their shift. Besides the tow breaks and the normal lunch period, employees could have one unscheduled break.

The company did allow medical accomodations for employees who had a doctor's note.

Through the progressive discipline policy, employees could be terminated if they accumulated six violations by taking more than the allowed breaks.

Marraccini said employees who wer taking breaks told her the need for the bathroom break policy arose from abuse.

The violation, which carried no monetary penalty, was issued because employees should have access to the restoorm whenever they needed and that it was a health issue, Marraccini said.

If they say they need to go, they need to go, Marriccini told hearing officer Rober Jones.

One employee, with more that seven years with the company, told Jones that she was on her fifth violation with termination resulting from the next infraction.

In order to avoid another cioation, she went home early because she had used her unscheduled break for the day.

While she was told of the medical accommodation form, Crystal Ditto said she didn't use the form because of fear that a medical problem may be cause to be sent home and that she didn't feel she was an unhealthy person.

I think it's embarrassing, Ditto said of having to tell a supervisor of a medical condition. It's humiliating.

Margaret Boone, a 34 year veteran of Jim Beam Brands said several day a week she will need more than the one unscheduled break.

It's hard to comply when you have to go, said Boone.

She received a medical accommodation but it wasn't something she desired. Her fear was that she might lose her job or be reassigned. Also, she felt normal and didn't believe having to luse the restroom more often mader her unhealthy.

I like my job and I think I'm good at it. I just need to go to the restroom, said the bottling technician.

She said there is a sense of humiliation having to ask a young male supervisor to use the restroom.

It makes me feel like I'm back at school said Boone.

She admitted under questrioning from Jim Beam attorney Rick Griffith that the unlimited restreoom breaks policy had been abused and said they did go one employee after another.

Two medical experts testified on the normal usage of the restroom.

Dr. James Stivers and Ingrid Nygaard differed on their opinions..

Nygaard, who is an associate professor ath the University of Iowa, said ther were problems in Stivers report.

She said studies show that people will go to the restoom at least eight times in a 24-hour period, which is more that the 3-6 times described by Stivers.

She also doubted the number of studies cited by Stiver to back up his claims.

She alos felt the policy would open up employees to embarrassment.

Nygaard said women, especially during certain periods of the month and during pregnancy, will have to use the restroom more often.

She was also concerned about health risks of employees who had to hold the urge to use the restroom until their breaks arrived.

However, Stivers who is not a gynecologist and did not take into account the differnces between men and women, felt confident in his report.

He was called by Jim Beam officials to look at its situation in March, 2001. In looking at the breaks being taken by employees Stivers reasoned that the length seemed to be suiited more to a smoke break than a bathroom break.

In his report to Jim Beam, he even stated a need to have a smoke cessation program at the plant because eventually, he believes, the government would require smoke-free facilities.

In a normal workday, the two scheduled breaks lunch and one unscheduled break should be enough, Stiver said.

Stiver agreed that certain conditions including pregnancy, medicatations, infections and older men with prostrate problems, could alter a person's need to use the restroom.

However, he felt 90-95 percent of Jim Beam bottling employees should be able to meet the break policy.

\

Jeff Conder, plant manager at Jim Beam said the "tag rotation" of employees using the restroom has been a practice for many years.

The problem is that workers, such as sanitation staff, are called off their regular duties to fill in for bottling workers who take breaks.

The pattern of breaks could be documented, according to Conder.

With no solution in sight the union and management agreed during contract negotiations that the "tag rotation" practice would be ended.

At the same time, the management implemented the break policy a month later.

Union attorney Peter Ford asked Conder why the company didn't see if the end of the "tag rotation" woild work prior to implementing the new policy.

You never gave it a chance to see if the practice would discontinue, said Ford.

Conder said in the negotiations that the company would manage the situation, which is where the policy came into play.

Labor attorney Mary Triplett and Kelly both seemed surprised when Conder said employees with temporary medical porblems such as diarrhea, could use the restroom at any time without fear of violation of the policy.

Conder admitted it was bad that the epmployees apparently were not aware of that provision in the policy.

He said it was probably poorly communicated to the employees.

The unscheduled break policy is still documented but Conder said only five or six employees had sought relief from the policy.

He said it was possible that no one told Marraccini of the administrative policy, which would allow unscheduled breaks for a temporary situation.

The employee is expected to tell the truth about the need for more that one unscheduled break in a day and the breaks are documented, Conder said.

Jack Allen, director of human resources, said the policy was written with the anticipation that it would be challenged. Also, Allen said every employee who has asked for a medical accommodation has been granted one without any questions.

Triplett said she was also surprised to learn that the violations for an employee expire after a year. She could not find anything in the company policies to state that the six violations must come within a year's time to result in termintaion.

Allen also said there wa nothing in writing that communicates to bottling employees the justifiable circumstances that woud give a temporary waiver for things such as diarrhea.

In tracking those with medical accommodation, Allen said ther had been no abuse and most had only used one additional unshceduled break per day.

In his opeining statement, Griffith said Jim Beam believes the state took extreme measures in issuing the citation.

With the history fo employee abuse and no one with the state able to offer any solutions, Griffith said the bathroom break policy was implemented.

Despite the claims by the labgor cabinet, he said bathrooms are accessible in a reasonable and fair manner by the bottling employees.

All they have to do is ask for a accommodation, he said of the receiving additional unscheduled breaks.

Kelly could not be reached for comment prior to deadline on testimony reguarding the timporary accommodation for sudden illnesses.

Jones, an assistant attorney general, will give each party 30 days to prepare briefs once he receives a transcript.

There will then be another 15-day response period and then he will make his ruling.

Bettye Jo Boone

UFCW UNION MEMBER

LOCAL 23D

Bardstown, Ky

[boone]

This was in Monday's paper.......right under the article about "Officials hear Beam complaints"............

Union rallies to aid distillery workers.

SHEPHERDSVILLE-- While a hearing was being held inside, members of the United Food and Comercial Workers Union were outside showing their support for bottling employees at Jim Beam Brands in Clermont.

The State hearing dealt with a citation against Jim Beam Brands by the state labor cabinet over its bathroom breaks policy.

The state ruled that the company did not provide fair and reasonable access at all times for the employees.

The policy implemented last September gave workers two scheduled breaks lunch and one unscheduled break.

Union members lined Highway 44 holding signs denouncing the company's bathroom policy.

There was even a song written for the situatuion.

Bill Londrigan, president of the Kentucky State AFL-CIO, called the policy very serious.

He called the Jim Beam policy something that will pull Kentucky workers backward.

It's a war on workers, said Londrigan, I can't believe any of this is happening.

He said the union should not have to be arguing over bathroom breaks.

When we win, all workers win, said Londrigan.

Bill Ball, a 33 year employee at Jim Beam and secretary/treasurer of the union said it's a diginty thing.

He said employees should not be worried about losing their jobs because they use the bathroom.

It's not right, Ball said of the policy.

He said the union agreed to eliminate the tag rotation where workers systematically went to the restroom, but the company went ahead with the bathroom policy.

Signs with such slogans as "urination not termintation" and "Jim Beam "pampers"

it's employees were common.

The rally concluded with a song denouncing the Jim Beam policy.

A statement from Jim Beam in response to the workers said, the new break policy is fair, reasonable and respectful to the 150 employees who work on the bottling line in Jim Beam's Clermont distillery' we do care about their sefety and comfort in the work place.

The company statement added that the bottling line is unique because it requires a mor formal organized procedure for taking breaks.

Before implemnting the policy we consulted with doctors and sought guidance from OSHA and other experts, according to the statement. We believe the policy balances the needs of our employees with the need to get our work done properly.

Bettye Jo Boone

UFCW MEMBER

LOCAL 23D

Bardstown, Ky.

[boone]

Most of you know me around here ........I'll give ya three guesses what I think about their bathroom break policy crap ..........Oh.....if ya need a hint......it has something ta do with the sun and body cavities ............Ohhhhhhh Yeahhhhhhhhhhhhh!!!!!!!!

Bettye Jo

[texascarl]

Betty Jo, If it helps...you might mention that if they won't let Beam workers visit the potty, consumers far and near will KNOW that their worst fears are confirmed about why Jim Beam White tastes like it does.

[boone]

Ohhhhhhhhhh Yeahhhhhhhhhhh!!!!!!!

There is not enough time for me to type the entire story......I have to leave for work in a few minutes.....But let me tell ya!!!!!!!! Jim Beam Brands Co. repeals restroom policy......Union says company did the right thing.... Ohhhhhhh Yeahhhhhhhhhhhh!!!!!

Stay tune for the news at 11.........Hmmmmmmmm I don't get home from work until after 1:00 am ..........Just make that the news at 1:00......... that's when I'll will post the rest of the story!

Bettye Jo

[boone]

Look here for the rest of the story...............

web page

Bettye Jo