Social Issues in Collective Bargaining 1950 1980 a Critical Assessment
Social Issues in Collective Bargaining 1950 1980 a Critical Assessment
Phyllis Ann Wallace
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The Supreme Court, in reversing the lower courts, noted in awarding retroactive seniority to minority employees that the seniority systems did not have its genesis in racial discrimination and that it was negotiated and had been maintained free of any illegal purpose. In fact, the placing of line drivers in a separate bargaining unit from other employees was rational and in accord with industry practice and consistent with NLRB precedents. The union's role of agreeing to and maintaining a senio...rity system that perpetuated pre-Act discrimination did not 42 violate Title VII. 21 How best to evaluate whether seniority systems are bona fide in accordance with the Teamsters doctrine was set forth in a later Second Circuit case, James v. Stockham Valves and Fitting Co . (1977). The criteria were: (1) whether the seniority system operates to discourage all employees equally from transferring between seniority units; (2) whether the seniority units are in the same or separate bargaining units (if the latter, whether that structure is rational and in conformance with industry practice) ; (3) whether the seniority system had its genesis in racial discrimination; and (4) whether the system was negotiated and has been maintained free from any illegal purpose.
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