What is meant by loss of seniority?
Loss of Seniority. An employee shall not accrue seniority when on leave of absence without pay for leave periods over thirty (30) days ' duration.
What happens to my seniority if I Lose my job?
An employee shall continue to accrue seniority if she is absent from work with pay, for leaves under Article 3.9, or being compensated by the Workers ' Compensation Board or ICBC for an injury or illness incurred during employment with the Employer. An employee shall lose her seniority only in the event that: Loss of Seniority.
How does seniority affect longevity?
As an employee's seniority grows, he or she accrues certain rights and privileges. How exactly seniority is defined will differ from company to company. Some will track longevity without concern for the position worked while others will restart the clock every time an employee changes positions within the company.
Should we change the seniority system?
Both changing the system entirely and changing it only regarding certain types of employment decisions can reduce the expectations of those employees who had worked and earned seniority under the original system.
Do you lose seniority when you quit?
No, only permanent service in civil service classifications counts toward seniority.
Does seniority really matter?
Seniority becomes important when employers make the unhappy decision to lay off employees. Employment lawyers recommend seniority as a factor in their layoff decisions. Laid-off employees are also less likely to slap employers with discrimination charges if the layoffs are done according to seniority.
Is seniority a form of discrimination?
As such, while the seniority may seem discriminatory to some, as a policy it is legal. The exception would be if the seniority system was operated in a manner which caused discrimination on the basis of gender, race, religion, age and other protected classes.
What are seniority rights?
Seniority is used as a means of gauging the relative status of one employee with respect to another based on length of service. As an employee's seniority grows, he or she accrues certain rights and privileges. How exactly seniority is defined will differ from company to company.
What is the rule of seniority?
Definition of seniority rule 1 : a rule in the U.S. Congress by which members have their choice of committee assignments in order of rank based solely on length of service. 2 : a rule in the U.S. Congress by which the member of the majority party who has served longest on a committee receives the chairmanship.
How seniority is determined?
What all seniority calculations have in common is that they measure, in some fashion, an employee's longevity with a company. Collective bargaining agreements usually calculate seniority by total length of service, sometimes with consideration for length of service within a particular craft or department.
Is seniority-based on position?
Seniority is a privileged rank based on your continuous employment with a company. In a seniority-based system, people who stay at the same company for long periods of time are rewarded for their loyalty.
Why is seniority considered a critical issue?
One of the primary reasons seniority is important to unions and union workers is that it can determine the pay, benefits and job responsibilities of workers. Unionized workers might be subject to pay scales based upon seniority.
What are the pros and cons of seniority?
Pros and cons of seniority-based promotionsReduces appearance of favoritism by rewarding employees for seniority.Reduces turnover as employees will want to stay in order to get promoted.Lowers chances of backstabbing among employees since performance and favoritism play no role.More items...•
How do companies decide who gets laid off?
Factors That Layoff Decisions Are Frequently Based On One of the biggest is your term of employment. Many organizations will first lay off employees who have been with the company for the shortest amount of time. If this is you, there isn't much you can do to help your situation. Another major factor is job function.
What is seniority clause?
Clause 8.01 Seniority is the relative ranking of regular employees according to their length of employment with the Employer in the bargaining unit, and shall date in all cases from the time the employee last entered the employment of the Employer .
What does reverse seniority mean?
Reverse Seniority – Refers to beginning with those employees who have the least amount of seniority as defined in this Agreement. The Rotating Reverse Seniority Force Hire List will start with the least senior officer at the top on the list and progress down in seniority to the most senior officer.
What is the principal feature of seniority?
The principal feature of all seniority systems is time. Length of employment is used to provide more employment benefits to some employees than to others. For any seniority system to operate, however, there must be ancillary rules. These are rules that may only be indirectly related to length of employment, but are nevertheless essential to the operation of a seniority system.
How is seniority created?
Most seniority systems are created as a result of negotiation between one or more unions acting as representatives of the employees, and one or more employers. These negotiations will usually produce a collective bargaining agreement or contract between the union (s) and employer (s).
What is seniority in a bargaining unit?
(1) When the bargaining unit consists of only one group of nonmanagement employees and not the entire company, as described in § 630.3 (d) (2), there will usually be one seniority system for the entire unit. If the unit consists of all the nonmanagement employees in a particular plant or installation, department, division, or craft, the type of system will be referred to as plant seniority, departmental seniority, division seniority, or craft seniority, respectively. As with a company-wide system, there can be just one roster for all the employees in the unit, or one roster for noncompetitive purposes and separate rosters for competitive purposes. (See § 616.8 (a).) Employees not in the bargaining unit may be in another bargaining unit with another seniority system or may not be in a bargaining unit at all. In the latter case the employees may not be covered by a seniority system or may be covered by a system created unilaterally by the employer.
How to determine if the seniority system was a prohibited discrimination?
In order to determine whether the seniority system had its origins in prohibited discrimination, the EOS should have a detailed knowledge of the history of the employer, of the union or unions involved, and of the process of unionization at the employer's installation (s) that is the subject of the charge. The focus of the inquiry is to determine whether the seniority system arose in an era of deliberate discrimination by the employer and/or union. The fact that the seniority system was adopted at a time when the employer and/or union practiced racial discrimination does not in itself mean that the system had its genesis in a racially discriminatory purpose. For example, in Wattleton v. Ladish Co., all the unions signed their first collective bargaining agreements with the employer in the early or mid-1940's. All the agreements provided for bargaining unit seniority, with loss of seniority on transfer between units. Because the employer did not hire any Blacks at all until 1948, the court concluded that race could not have been a factor in the creation of the seniority systems and that they had been created for legitimate labor-management purposes. However, even if the unions had been involved in the employer's discriminatory hiring (in this case they were not), or even if there were Black employees and racially segregated unions when the systems were created, the systems may still have been adopted for the same legitimate reasons and without regard for race. Taylor v. Mueller Company. Nevertheless, the existence of such discrimination may be one indication that the system was in fact intentionally created to be discriminatory. The system may be neutral on its face but it may have been deliberately developed to perpetuate prior discrimination. The inference is that. if the respondent took the trouble to discriminate in the first place, it would want to perpetuate that discrimination. For example, if the respondent employer intentionally hired Blacks into lesser-paying or "dead-end" jobs, then it would want to ensure that they stayed in those jobs and couldn't advance to better "White" jobs. Similarly, if bargaining and/or seniority units were originally defined by respondent employer and respondent union along racial lines, they would want to ensure that no Blacks could obtain jobs in the "White" bargaining units. Miller v. Continental Can Co. The investigation of the seniority system's genesis should shed light on whether the system was created to accomplish this purpose. This is also the focus of the inquiry on negotiation and maintenance; in fact, much of the evidence on genesis will be relevant to the investigation of the system's initial negotiation. For ease of investigation, negotiation will also be discussed here.
What is seniority in employment?
Other rights and benefits, such as promotion, layoffs, and recall rights, are competitive. The seniority system establishes a ranking or hierarchy among the employees based on relative length of employment, so that when two or more employees apply for one job the one with more seniority will get it.
Why are there separate seniority tracks?
Whether the seniority tracks are in the same or separate bargaining units, the reasons for creating separate tracks must be determined. If the interests of the employees are sufficiently alike for them to be included in the same bargaining unit, then it would be reasonable to expect that all the employees would be in the same seniority track. If this is not so, i.e., if there are a number of tracks within the one bargaining unit, the system will not be bona fide unless there is some nondiscriminatory reason for the arrangement. Similarly, the fact that the employees' interests are sufficiently different for the employees to be in separate bargaining units goes a long way towards explaining why the tracks are in separate units. James v. Stockham Valves, relying on U.S. v. Teamsters, held that if the tracks are in separate bargaining units, then having separate bargaining units must be rational and in conformance with industry practice. While this two-part test was mentioned in relation to separate bargaining units, it can also be useful in understanding why separate tracks exist within one unit. Wattleton v. Ladish Co., 520 F. Supp. at 1342 and 1346, 29 EPD at pp. 25,418 and 25,422; Faulkner v. Republic Steel Corp., 22 EPD ¶ 30,698 (D. Ala. 1979). If this line of investigation and analysis does not disclose any nondiscriminatory reasons for having the separate tracks then the EOS should conclude that the system is not bona fide.
When a respondent employer implements a layoff or recall according to a seniority system imposed unilateral
When a respondent employer implements a layoff or recall according to a seniority system imposed unilaterally by the employer, the issue is non-CDP. It is not clear whether § 703 (h) applies only to collectively bargained seniority systems or to other types of systems as well. (See §§ 616.15 and 616.18.)
