NCJ Number
58981
Journal
Labor Law Journal Volume: 26 Issue: 12 Dated: (DECEMBER 1975) Pages: 750-758
Date Published
1975
Length
9 pages
Annotation
TRENDS IN THE USE OF SENIORITY IN MANPOWER MANAGEMENT DECISIONMAKING SINCE THE ADVENT OF A PROACTIVE NATIONAL POLICY ON EQUAL EMPLOYMENT OPPORTUNITY ARE REVIEWED AND THEIR IMPLICATIONS DISCUSSED.
Abstract
IN ATTEMPTS TO ELIMINATE ILLEGAL EMPLOYMENT DISCRIMINATION, THE COURTS, VARIOUS FEDERAL AND STATE ADMINISTRATIVE AGENCIES, AND LABOR ARBITRATORS HAVE RENDERED DECISIONS, DECREES, AND GUIDELINES AFFECTING THE USE OF SENIORITY IN PERSONNEL MANAGEMENT. THE EFFECTS HAVE INVOLVED PRIMARILY THE UNIT OF SENIORITY (THE RANGE OF POSITIONS WITHIN WHICH AN EMPLOYEE MAY EXERCISE SENIORITY RIGHTS), AND THE USE OF SENIORITY AS A BASIS FOR DECIDING WHO IS TO BE LAID OFF DURING A REDUCTION IN AN EMPLOYER'S WORK FORCE. IT APPEARS THAT, IN MANY INDUSTRIES, PLANTWIDE SENIORITY UNITS WILL REPLACE TRADITIONALLY NARROWER DEPARTMENTAL OR OCCUPATIONAL UNITS AS THE BASIS FOR MANPOWER ALLOCATION DECISIONMAKING. PLANTWIDE SENIORITY APPEARS TO BE A USEFUL AND MINIMALLY DISRUPTIVE APPROACH TO HELPING MINORITIES ATTAIN BETTER POSITIONS IN CERTAIN ORGANIZATIONS. HOWEVER, THE CHANGE TO PLANTWIDE SENIORITY IS LIKELY TO MEAN INCREASED COSTS FOR EMPLOYERS, AS WELL AS NEW PERSONNEL PROBLEMS (LOWERED MORALE, RACIAL ANIMOSITY AMONG EMPLOYEES, INSTABILITY IN LABOR UNIONS THAT COULD AFFECT COLLECTIVE BARGAINING RELATIONSHIPS). WITH REGARD TO LAYOFFS, WHERE COLLECTIVE BARGAINING AGREEMENTS EXIST, THE TREND (IN 1975) APPEARS TO HAVE TURNED IN FAVOR OF USING PLANTWIDE SENIORITY SYSTEMS AS A BASIS FOR LAYOFF DECISIONS. THE PROPOSED ALTERNATIVE--USING SOME MECHANISM (E.G., SEPARATE SENIORITY LISTS FOR WHITES AND MINORITIES, WORK SHARING, PAYLESS HOLIDAYS) TO REDUCE THE DISPROPORTIONATE IMPACT OF RECESSION-INDUCED LAYOFFS ON MINORITIES RECENTLY HIRED UNDER AFFIRMATIVE ACTION PROGRAMS--APPEARS NOT TO HAVE GAINED MUCH GROUND.