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period of forty-five (45) minutes, at no cost to the
Employer, shall be provided six (6) hours after the end
of the first meal period. Except in cases of
rehearsals called before twelve o'clock (12:00) noon,
as provided above, it is agreed that a lunch period of
forty-five (45) minutes, at no cost to the Employer,
shall be allowed after six (6) hours of rehearsal.
The painters' agreement provides:
16.03.(a) Meals. An employee shall receive one
(1) hot meal during the course of an eight (8) hour
shift, as near to the middle of the shift as possible.
If an employee is required to work overtime for two (2)
hours or more beyond his regular shift, or is called
out in an emergency and works four (4) hours or more,
he shall be entitled to a meal. Meals served to
employees shall be palatable, wholesome and comparable
in quality to those served to the customers. A
selection of meal items shall be made available daily
(including at least two (2) meat entrees). No entree
shall be included on the menu more than two (2) times
in a calendar week. A fish entree shall be carried at
least once in a calendar week.
An Employer who fails to furnish employees with
meals, as required, shall be obligated to pay a penalty
of one dollar and fifty cents ($1.50) to the employee
for each such meal he failed to provide.
The Properties are open 24 hours a day, 7 days a week, and
petitioners try to have employees available around the clock to
meet customer needs. Petitioners generally assign each employee
to one of the following shifts:
Shift 1 (Graveyard) Begins at or after 10 p.m.
Shift 2 (Day) Begins at or after 6 a.m.
Shift 3 (Swing) Begins at or after 3 p.m.
Shift 4 (Relief) Combines 2 or more shifts per workweek
Employees are assigned to their shifts according to the needs of
a department, and each employee's assignment of shift differs by
department, job classification, and Property. The record does
not disclose which or how many employees are assigned to each
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