Examines the relationship between ability and seniority in the context of the “pessimistic” theory – that the use of seniority as a factor in promotions impairs productivity and individual initiative….
The author suggests an inconsistency in Prof. Healy’s paper [1955, page 45], in that it seems to decry the prevalence of seniority over ability as a factor in the employment…
Conceives of seniority as one method, among others, of apportioning the costs of layoff and of providing job security, by allocating relatively unskilled jobs among employees with relatively equal ability…
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,…
An analysis of the notion that an employee’s right to his job is a property right. An analogy is drawn between the CBA and the Constitution, the arbitrator and the…
An examination of the criteria for merging seniority lists. The following criteria are examined: (1) the surviving-group principle; (2) length-of-service principle; (3) follow-the-work principle; (4) the absolute-rank principle; (5) the…
An examination of the circumstances under which certain rights created under a collective bargaining agreement “vest” or “survive” the expiration of the agreement. The author draws a distinction between monetary…
The court’s power in the interpretation and enforcement of CBAs is far greater than that of arbitrators. The judges on our panel have little difficulty in accepting the narrow scope…
A review of research on the relationship – between seniority and job performance – after reinstatement in discharge cases. The arbitral rationale for treating seniority as a mitigating factor in…