A CONFINED LUNCH IS NOT A BREAK.

In our world, we don't get to enjoy a lunch out, a warm lunch, a served lunch, or even a table and chair at lunch.

Our lunches are not a break from the worksite and should be paid time.
 

Why?
 

Because we don’t get to leave the same space we perform our duties. We are confined to our work area and prohibited from leaving our cabs.
 

This goes against the rules laid out in Alberta’s Employment Standards.

What Employment Standards says on paid versus unpaid breaks:
 

Breaks can be paid or unpaid at the employer’s discretion. However, if the employer places restrictions on an employee’s activities during a break, such as prohibiting the employee from leaving the premises, the break must be paid.

Don't take our word for it, check out Alberta's employment standards rules - Hours of work and rest. https://www.alberta.ca/hours-work-rest  

Employees have very little ability to “escape the work environment” for the duration of their lunch break because they:

1. Are confined to their vehicle/equipment;
2. Do not have access to their phone or any electronic devices;
3. Do not have access to a cafeteria, lunchroom and/or other facilities;
4. Are expected to keep their safety equipment on if they want to step outside of their vehicle for fresh air;
5. Are expected to keep their work radios on in case of emergency.

Therefore, after consultation with IUOE 955 lawyers, we feel it is a credible argument that the impacted employees are largely under the control of their employers, even though they were not strictly performing “work” for the employer, and should be compensated as a result.