Welcome to Flightinfo.com

  • Register now and join the discussion
  • Friendliest aviation Ccmmunity on the web
  • Modern site for PC's, Phones, Tablets - no 3rd party apps required
  • Ask questions, help others, promote aviation
  • Share the passion for aviation
  • Invite everyone to Flightinfo.com and let's have fun

Seniority has everything to do with longevity

Welcome to Flightinfo.com

  • Register now and join the discussion
  • Modern secure site, no 3rd party apps required
  • Invite your friends
  • Share the passion of aviation
  • Friendliest aviation community on the web

MCDU

Well-known member
Joined
Mar 9, 2003
Posts
1,146
Law Encyclopedia: Seniority

This entry contains information applicable to United States law only.


Precedence or preference in position over others similarly situated. As used, for example, with reference to job seniority, point the worker with the most years of service is first promoted within a range of jobs subject to seniority, and is the last laid off, proceeding so on down the line to the youngest in of service. The term may also refer to the priority of a lien or encumbrance.

An employee has seniority if he is among those with the most years of service at the place of employment. Such seniority entitles the employee to compete for promotion to jobs for which junior (less senior) employees would be ineligible or would receive less consideration. Traditionally, it also gives him the status of being among the last to lose his job in case of lay-offs.
In the 1984 case of Firefighters Local Union No. 1784 v. Stotts, 467 U.S. 561, 104 S. Ct. 2576, 81 L. Ed. 2d 483, the Supreme Court upheld the validity of a seniority system that protected the jobs of white firefighters with seniority at the expense of recently hired black firefighters. The fire department in Memphis, Tennessee, implemented the traditional seniority principle of "last hired, first fired." In 1981 three white firefighters who otherwise would have kept their jobs under the system were laid off for a month while minority firefighters with less seniority continued working. This change in the seniority system resulted from an injunction to enforce consent decrees that resolved equal employment opportunity cases in Memphis. The lower court fashioned the decrees to remedy the past discriminatory practices of the fire department in its hiring and promotion of minorities. The district court concluded that the seniority system was not a bona fide one under section 706(g) of Title VII of the Civil Rights Act of 1964 since lay-offs made pursuant to it would have a racially discriminatory effect. The court, therefore, directed the modification of the system to increase and maintain the percentage of black firefighters. The court of appeals affirmed the revision of the seniority system but disagreed with the holding that the system was not bona fide.
On certiorari, the Supreme Court decided that the district court exceeded its authority in issuing the injunction that ultimately led to the lay-off of the senior white firefighters. The injunction was not a proper remedy. There was no finding that any of the black employees protected by the revised system had been a direct victim of discrimination, a requirement imposed by the Court in International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S. Ct. 1843, 52 L. Ed. 2d 396 (1977). The Court, however, did not decide whether the consent decree was valid or whether the Memphis Fire Department could, on its own, protect the jobs of black firefighters at the expense of their white colleagues who had more seniority.
 
USAPA v Common Sense, 431 U.S. 398, 54 (2008).

The court decides that the aforementioned definition of seniority will only apply to "East" pilots, as they will remain employed while "West" pilots with more previously stated definition of "Seniority" are furloughed.
 
Other popular definitions from the law library:

Integrity
n.
  1. Steadfast adherence to a strict moral or ethical code.
  2. The state of being unimpaired; soundness.
  3. The quality or condition of being whole or undivided; completeness.
Mediation
n.
  1. The act of mediating; intervention.
  2. The state of being mediated.
  3. Law. An attempt to bring about a peaceful settlement or compromise between disputants through the objective intervention of a neutral party.
Arbitration Award

An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. It is referred to as an 'award' even where all of the claimant's claims fail (and thus no money needs to be paid by either party....while some call it a "lottery ticket";) ), or the award is of a non-monetary nature.
 
Thanks DOPE.
Yeah, I still miss does PFT days at GIA. To bad you washed out. We had a lot of fun in FLL. At least you got on with Tab Airlines in Deland. You finally made the big leagues flying the mighty B 1900.

Congrats Dope. Way to go.

M
 
But when Longevity tops out at 12 years, it comes to QOL, and career expectations. Hence DALPA's proposal.
 
Non-trick question: If the pilot at the bottom of an airline's seniority list has been there for 15 years is he junior or senior?
 
The second paragraph also states that "An employee has seniority if he is among those with the most years of service at the place of employment". What is the definition of that "place". Are we looking at the new combined carrier or are we looking at the history of the carriers seperately?

That is where the fundamentals are different......I believe these change dependent on where you sit!
 

Latest resources

Back
Top