Deck 9: Job Security and Seniority

Question 1

Why is seniority considered a critical issue? What are the advantages and disadvantages of using a seniority system?

Answer 1

Seniority is considered a critical issue for management in terms of lay-offs, promotions and appraisals. The seniority in simple is the tenure of the employee from day one at work. Seniority being the best job security in the company, the management argues that the employees stability in the company is only determined and measured the performance record.
Advantages: include the stability and satisfied employees, no training expenses, easy to mentor, easy management process during the appraisals, promotions, transfers and lay-offs.
Disadvantages: unionized employees, under performance, consideration and benefits are disadvantages of having seniority in the company.

Question 2

As arbitrator, what would be your award and opinion in this arbitration?

Answer 2

As arbitrator, the company tie up with third party vendor (TPV) to perform services that warehouse workers could not perform, a 24/7/365 delivery system and staging the PBX equipment is not accepted. As the company laid off many employees on this tie up, but the company already have employees who are available to perform all the activities performed by TPV.
According to my opinion, as the company performance in installation business didn't perform well in 2000, the company tried to shut down its sales and installation divisions which led to 59 warehouses and depots into three locations. The company violated the subcontracting clause of CBA by entering into the agreement with TPV which provides the same work activities as employees did.

Question 3

In layoffs involving K-12 teachers, should seniority or merit be the determining factor? Explain why.

Answer 3

The lay-offs involving the K-12 teachers, seniority and experience should be considered, as teaching and mentoring students involves experienced set of skills which senior teachers with experience possesses. During such lay-off the different factors should be considered between the senior and merit teachers.
Experience level of the teacher, there past performance records, complaints, appraisals, there academic record etc., should be considered factors during the lay-off of teachers. Seniority should be given preference only based on the past performance of the employee not the service tenured in the company.

Question 4

Identify the key, relevant section(s), phrases, or words of the collective bargaining agreement (CBA), and explain why they were critical in making your decision.

Question 5

Describe the different methods by which labor agreements might consider seniority in a promotion decision.

Question 6

What actions might the employer and/or the union have taken to avoid this conflict?

Question 7

Why is seniority often used in layoff and recall actions? Specifically, how do contract clauses provide for the consideration of seniority in such decisions?

Question 8

Under what circumstances might the employer bypass a senior employee and promote a junior employee when the labor agreement contains a seniority clause?

Question 9

Why has management's right to subcontract work been the subject of many grievances?

Question 10

What are the key issues in an employee alcohol- and drug-testing program?

Question 11

How does the successorship doctrine affect union security?

Question 12

Should employers be able to limit employees' use of social media? What might be reasonable limits?

Question 13

When is a successor employer required to recognize a union from the previous employer's business?

Question 14

Why has the use of "employee teams" been so controversial? What are the pros and cons?

Question 15

The union argues that the company's efforts to borrow low-interest bonds and to get tax breaks to build and operate in Michigan support their position that the motivating factor in moving to Kentucky was antiunion animus. Do you agree?

Question 16

The company's defense, that Schultz made the decision to move the company before the organizing campaign got started, was supported only by his own testimony. If you were told that the hearing officer who conducted the hearing and heard the testimony believed Schultz, would it change your opinion of the defense? Why or why not?

Question 17

Kentucky, like Michigan, is not a right-to-work state, so union organizing in a plant in Kentucky is as likely as in Michigan. The company's decision to move from Michigan seems to have been both complicated and expensive. Do you think that the company made such a decision mainly to avoid a unionized workforce?

Question 18

As the arbitrator, give your reasons for ruling in the union's favor. Then give your reasons for ruling in the employer's favor.

Question 19

Argue for and against a decision by the employer in this case to insist on expanding the drug program to include the prohibition of sale, possession, or use of illegal substances on the employee's own time.