Jay Kramer (NY Labor Rels Bd) asserts that seniority is a contractual grant rather than common-law right, and therefore must be considered in the context of the CBA. Arbitrator Hill, as well, sees seniority as a right arising under the CBA, and expresses the consensus of the participants that management determines ability, subject to arbitral review, and that the standard for such review is whether management acted arbitrarily or capriciously.