How Do I Resolve a Seniority Violation in a Union Contract?
Full Question:
Answer:
Typically, two seniority lists exist when there are different classifications of employees, such as part-time and full-time, or in a situation of two companies that have merged. When a seniority violation is claimed, it is usually handled through the filing of a grievance through union procedures. I suggest contacting your union representative regarding filing a grievance if you think there has been a violation. The answer will be governed by the terms of the collective bargaining agreement and other documents involved, and will be decided under principles of contract law. In cases where there is ambiguity over the terms, sometimes an arbitrator will be appointed to interpret the issues.
For further discussion, please see:
http://www.teamster.org/content/teamsters-win-victory-seniority-ups-freight-national-panel-subcontracting-violations-address
http://www.cwa1081.com/081111_overtime.html