NCJ Number
58990
Journal
Labor Law Journal Volume: 27 Issue: 8 Dated: (AUGUST 1976) Pages: 497-503
Date Published
1976
Length
7 pages
Annotation
ARGUING THAT MOVES TO SCUTTLE LAST-HIRED/FIRST-FIRED LAYOFFS CHALLENGE THE ROOTS OF AMERICAN LABOR PRACTICES, THIS ARTICLE SUGGESTS THAT THE RESULTING SHORT-TERM GAINS TO MINORITIES FALL SHORT OF EXISTING LONG-TERM BENEFITS.
Abstract
SENIORITY AS USED IN LABOR-MANAGEMENT AFFAIRS IS A MAJOR BENEFIT GREATLY PRIZED BY WORKERS, ESPECIALLY INDUSTRIAL WORKERS. WHILE RECENT ECONOMIC DOWNTURNS HAVE EMPHASIZED THE VALUE OF SENIORITY IN THE EYES OF WORKERS, SOME NONLABOR ELEMENTS, PANICKING OVER LAYOFFS, ARE ADVOCATING DEVICES TO CUT SENIORITY, SUBSTITUTING RACE AND SEX QUOTAS TO GOVERN LAYOFFS. THESE MOVES ARE FOUNDED ON A SHALLOW AWARENESS OF THE FACTS; FOR MANY YEARS THE CHIEF WEAPON TO COMBAT EMPLOYMENT DISCRIMINATION IN MAJOR AMERICAN INDUSTRIES HAS BEEN SOME SYSTEM OF UNION-PROMOTED SENIORITY GOVERNING LAYOFFS, RECALLS, PROMOTIONS, TRANSFERS, AND JOB ASSIGNMENTS. ANTISENIORITY PROPOSALS MADE BY SOME PROFESSIONAL CIVIL RIGHTS PRACTITIONERS ATTACK A WHOLE WAY OF LIFE, BECAUSE THEY SUGGEST THAT WORKERS RECENTLY HIRED BE RETAINED DURING DEPRESSED PERIODS AND THAT EMPLOYEES WITH LONGER SERVICE BE LAID OFF. IT IS AXIOMATIC THAT SENIORITY PROVIDES ADVANTAGES TO LONGER SERVICE EMPLOYEES AND THEREFORE IS DETRIMENTAL TO NEW EMPLOYEES, AT LEAST UNTIL THEY ACCUMULATE A MEASURE OF SENIORITY FOR THEMSELVES. AN ADDITIONAL PROBLEM INHERENT IN ANTISENIORITY INITIATIVE IS THE QUESTION OF GUIDELINES. TO SADDLE LABOR AND MANAGEMENT WITH GOVERNMENT-DICTATED LAYOFF RULES WOULD REQUIRE AN IMPOSSIBLE SERIES OF PROJECTIONS AND SPECULATIONS AND WOULD CREATE AN IMPOSSIBLE COMPLIANCE PROBLEM. NO REFERENCES ARE CITED.