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The author examines job performance testing and maintains that testing can serve as an aid for the filling of a particular vacancy if: (1) the test is reasonably indicative of an ability to meet the job’s requirements; (2) the test is administered in a fair and uniform manner; and (3) the results of the testing …

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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 …

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