I have worked for a company for 37 years. The plant is union and just negotiated a new contract. Within the new contract they have offered a Wage Seperation Package which would mean if I decided to go ahead and retire I would get a one time payment of up to 40 weeks pay....sounds great....BUT since I am considered Technical Maintenance..I am not eligible for the package......every other position within the plant is eligible..Just does not seem right..... Any Comments?

It would only be unlawful discrimination if you were treated differently solely on the basis of your age, not your position.

Would it be fair to say that there are employees in your position under the age of 40? Moreover, would it be fair to say that there are employees who can opt for the Wage Separation Package in other positions that are over 40?

Yes there are other employees that can opt to take the package that are over 40 and under 40. But this is a case where they are simply excluding the maintenance department no matter what their age. They just don't want to loose any maintenance employees. No matter what their age.

It appears the employer has a legitimate business purpose for not offering the Separation package to your department as opposed to treating your department differently for a reason prohibited by law such as age.

Moreover, this appears to be a contract negotiated by your union. There is always some give and take in any negotiation. While you may view this as unfair, I do not believe it is illegal.

Have you contacted to the Union to voice your concerns?

As long as there are people over and under 40 in your department as well as in the eligible departments, there's no discrimination here. There would only be discrim if departments were being favored for a protected reason (age, race, gender, etc). Making sure your necessary employees don't have a reason to leave the company is perfectly legal, even if you find it unfair and frustrating. Sorry.

Janet

RJC, typing as you posted...

basically saying the same thing. Oops. :)

The Union President just got re-elected although the entire maintanence department campaigned to elect another president. The President said to another employee that he would do whatever he could to make sure that this department would not be included in the package.

RJC, typing as you posted...

basically saying the same thing. Oops. :)

Great minds ... :D

The Union President just got re-elected although the entire maintanence department campaigned to elect another president. The President said to another employee that he would do whatever he could to make sure that this department would not be included in the package.

This still has no effect on your employer and whether they acted illegally.

However, it may be grounds to file an unfair labor charge against your union. I think it would be difficult, but it is likely your only recourse. Moreover, I am not sure that even if you prevailed that it would change the contract provision at issue.