In collective agreements, there are four basic types of seniority clauses aimed at rationing limited employment opportunities. Three associated seniority with the ability to create employment opportunities. Only one of them is a pure determination of seniority. The latter type is sometimes found in contractual provisions on dismissals, but it is quite rare in promotion situations. This type of clause is the easiest to manage, since determining eligibility is simply about determining who has the longest seniority. As a rule, it can only be found in areas where all employees have the same basic knowledge, that.B. Teamster contracts. Example – An employer has an advertised promotion policy based solely on seniority. It is also the employer`s policy to hire Hispanics only for night shifts. The union is aware of the latter policy, but concludes a collective agreement with the employer, which grants seniority only on the basis of day work. The result is that Hispanics can never receive seniority and therefore can never be promoted. The recruitment policy is discriminatory and the supposedly neutral seniority system perpetuates this discrimination. But the system is indeed not neutral.
The employer and union advertised seniority as the basic criterion for promotion, and then knowingly and intentionally manipulated this factor to prevent the rise of Hispanics. The seniority system was created as a separate instrument of discrimination and is therefore not in good faith and is not protected by article 703 (h). 1. Where a trade union consents to discrimination by an employer, it is in breach of its duty of equitable representation under Title VII. In the context of collective bargaining, the union is generally held jointly and severally liable with the employer for the initial discrimination. (See § 630.16 and the cases cited therein.) This also applies to an employer who accepts discrimination by a union: „Title VII requires the union and the employer to represent and protect the interests of minority workers. In the event of adherence to a discriminatory contractual provision, both the liability [of the employer] and that of the [union]. Robinson v. Lorillard Corp., 444 F.2d 791, 799, 3 EPD ¶ 8,267 to (4) Seniority Progression Line – Progression Line (LOP) Seniority is when competitive seniority is based on length of employment in all jobs within a given LOP; The seniority list includes all people in the same LOP. (See § 616.10 for a discussion of LOPs.) (1) Discriminatory Membership Policies – If a union intentionally discriminates in its licensing and membership policies, this may have an ongoing and direct impact on the people the employer hires, the jobs assigned to it and, therefore, on which seniority system or list it will participate.
This is especially true if there is a closed store or if there is a union or an open store, but the employer only hires union members. (See sears discussion below.) In short, if trade unions (and the collective bargaining units they represent; see § 616.23(c)) are deliberately separated and this leads to the maintenance of separate seniority systems or lists, a discriminatory intention in maintaining the seniority system should be inferred. Deliberate segregation may take the form of a policy of declared exclusion, as in the following case, or a tacit practice of exclusion. Further examples can be found in §§ 616.23 (c) and (d) and 630.10. (ii) The question arises as to whether the system under attack, the contested policy, etc. is part of a seniority system (see explanation of ancillary rules, § 616.9 above), eos should consult a lawyer in the legal department of the district office or in the advisory department of the legal advisory office. Example 2 – In the second example of § 616.3 (a) above, Company B is forced to dismiss a number of its employees. However, rather than doing so solely on the basis of company-wide seniority, the company recognizes that it needs to retain employees with certain skills.
While he can fire anyone in the carpentry department except the three most senior employees, he won`t fire anyone in the electrical department — although some of the electricians on the company-wide seniority list are lower, meaning they have less seniority than some of the laid-off carpenters. In addition, in the welding department, a newly hired employee with considerable experience in welding testing can be retained, while a more experienced welder can be fired without experience in welding testing. Example 1 – At the Apex Photocopying Service, the employees of the reproduction service are part of a bargaining unit represented by the United Replicators Union. There is a seniority system for the unit with a list for all employees. Delivery employees are part of a separate bargaining unit represented by the Messengers and Workers Alliance, with a separate seniority system with a single list. Office and office workers do not belong to any collective bargaining unit and are not covered by a seniority system. (c) Voluntary or court-ordered modification or suspension – Costs for which the employer and the union have voluntarily agreed to override seniority as a form of affirmative action are CDPs. This happens when the employer and the union agree to circumvent a bona fide seniority system or some of its provisions in certain situations, such as dismissal or dismissal.
Similarly, a court may order that a good faith seniority system be circumvented to preserve profits made under a previous consent order that did not relate to the seniority system, but included a positive action plan for hiring, promotion, etc.