Seniority Rights Before the Courts

Abstract

W tHERE seniority is completely incorporated into a personnel system, it is regarded by both the employer and the employees as one of the most important working conditions in the collective agreement.2 Among union officials and also among those employees who are thoroughly union conscious there are many who consider the seniority principle scarcely, if at all, less important than the wages and hours clauses of the collective agreement. These opinions are of long standing. As much as 25 or 30 per cent of the space in railroad trainand engine-service collective agreements, or schedules as they are called, is occupied by statements involving various phases of the seniority rule. In other industries and in less complicated branches of the railroad service the percentage of space occupied by seniority stipulations is somewhat less. Within the past few years the importance of seniority has been further demonstrated by the increased attention it has received from unions. In the railroad industry, where seniority first received full recognition, the depression has necessitated many adjustments which, in turn, have affected the seniority arrangements. On the other hand, in industries where collective bargaining has not been the custom-and hence seniority has not been recognized-both A.F. of L. and C.I.O. labor factions of late have placed the seniority principle among the first concessions to be obtained from employers.4