Union Contract, Two people hired at the same time, how do legally resolve senority issues?

Question

Two people hired at the same time, how do legally resolve senority issues in a union contract.
Show me the source where I can research your answer. two people hired at the same time, same day , same minute, what are the legal things you can use to pick who has the senority

Answer 1

when i was hired at the same time with a few otheres they held a "lottery" the lower the # we drew the more senority we had

Answer 2

Read the contract.

It's not a legal issue, it's a contract issue. The language of the contract applies. If the contract is silent on the question then the employer is free to make his own decision.

There's no law that you can look up that says that, because it's simply a basic principal of law.

It's called "The principle of legality", which is that EVERYTHING is legal unless there's a specific law that says it isn't. That means that an employer can promote whoever he wants, *unless* there's a law or contractual obligation that says otherwise. If the contractual obligation is to promote "the senior employee", but there's more than one equally senior employee, then he can promote whoever he wants, *unless* there's contract language that says otherwise.

It's not an unusual situation in big employers where a whole batch of new trainees might all start at 8am on the same Monday. If there's an open spot for one of them to be promoted, then the employer picks.

Richard

Answer 3

You would have to look at the contract of "a" particular union as all have some differences when looking where seniority comes into play. My past experience, on both sides, is it does not matter as far as same day, hour, minutes. It would come down to who was asked first(overtime) or who asked first (time off) Companies rarely if ever try to define this down to a moment, rather leaving it for the union to work the issue out amongst their members.

Answer 4

You have to examine the specific contract.