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  • seniority Kentucky

    Our contract gives us plant seniority and department seniority.their is no mention of any other kind of seniority in it or in any side letters of agreement,Their is also no provision in witch ones seniority is taken away ( unless you dont work their anymore) in contract.
    In my dept we have 3 bids one is an entry level job .If somebody holding one of the other bids job is curtailed he works in the entry level job.The people in the entry level job say that they go to the bottom of seniority list becuase they are off their bid. I say this is wrong because our contract says if a person job is curtailed they must work by seniority in their home dept. and because the only seniority the contract gives is deptarment and plant it does not give seniority in bids. Am i right or wrong

  • #2
    This is entirely a matter of the exact wording of your contract, which we have not read. There is no law in Kentucky (or any other state) that addresses seniority.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Article 14 of our contract word for word.
      anyone whos job has been curtailed must work by seniority within their home dept.
      My position is that their is only 2 types of seniority in contract. Dept seniority is the ony seniority given that could be aplied to situation so what difference does it make what bid you are working in if your in the same dept.how can i be pushed to the bottom of the department seniority list if im still working in that dept.their is no provision for this in contract.

      not worried about laws in ky question is who is right by contract and type of seniority we have

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      • #4
        You posted in the union forum so I assume this is a union contract. If you don't get any further info here, you might talk to your union rep. It's hard for us to comment on a contract.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          We can't comment on only a phrase taken out of context. There could be language elsewhere in the contract that modifies the phrase you've shown us. You'll have to either ask your union rep or show the entire contract to a Kentucky attorney.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Agreed. The other problem with contract law is that the exact same contract does not legally mean the same thing, state to state, or industry to industry. Different states have different laws, and worse, different judicial histories in deciding just what specific phrases mean.

            The answer to all contract law issues without exception is to always, always, always take all documents to a local contract law attorney who will have to read all documents carefully in their entirity to come up with a meaningful answer. No one likes that answer, but it is always the correct answer.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              I had started to tell OP to talk to union rep. or take contract to a local attorney but one time I saw someone post take it to an attorney & someone else came back & said if it's a union contract you talk to union rep. (They should be able to interpret it.) If the union rep. will not help to your satisfaction, then contact the NLRB not a lawyer to read.

              However, I don't see anything wrong with taking it to an attorney but I don't know that much about unions & just remembered what I read previously.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Thanks for responce. I understand you need to read the hole thing. just wondering.I assure their is no language in the entire contract wich calls for seniority to be taken away except for no longer working for company, Plant seniority and dept seniority is the only two types of seniority in contract their is no mention of any other kind or no wording that would imply their is another type
                I am the steward and cant find anything to support their position, A few other stewarts and employees agree with my veiw .However the good old boy system does not wich includes upper union leadership because the way they are doing it protects them from senior employees rolling them, When i ask to be shown in contract where they are right nobody can produce anything other than to say thats the way it is.The company says its a union thing and thats what the union wanted but nobody can produce any documintation of such an agreement.
                I think i just let it go through greivance process and see what comes out

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                • #9
                  Originally posted by vicrider View Post
                  I think i just let it go through greivance process and see what comes out
                  That might be your best bet or to start anyway.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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