Job Promotion

[jf7425]

Here's the problem our union contract states that

"When a vacancy is to be filled from within the Bargaining Unit, Management will consider all qualified candidates who have submitted applications for the vacancy in question. In selecting the employee to fill the position, the Company will first give due consideration to the candidates' qualifications and past performance relevant to the vacancy, and where those factors are relatively equal, in the judgment of the Company, it shall select on the basis of seniority."

Everybody at my job have already know I am doing everything the postion requires right now, and have more experiance in everything this new job title and more senority then the person they promoted. Even the person who was promoted said I have more experiance. So basically my boss and his boss are slapping me in the face, basically saying you have been doing this but sorry were hiring someone else. So there anything that can be done or can I sue them or do I have to go though the union (our union doesnt really help us)?

 

[presutin]

Have you filed a grievance? If yes, you need to get someone in your union to really step up and investigate what really happened in this process. Once you are represented by an union, everything has to be done through them.

 

[cbg]

Agreed. This is a union issue, not a legal issue.

 

[jf7425]

Do you are anybody know, is this in the right, for what I am saying they didnt on the bases on the promotion based on that union book paragraph, or is it based on what ever the manager wants?

 

[cbg]

No one here can say for certain because we have not read your CBA. We have read what one paragraph, taken out of context, says. For all we know, there is language elsewhere in the document that modifies it.

What I can tell you is that as far as the LAW is concerned, there is absolutely nothing that says job promotions must be offered on the basis of seniority or at all. If a union contract addresses it, then the contract rules. If the contract does not address it, then it's entirely up to the employer.

If you feel that your CBA hs been violated, file a grievance with the union. The LAW has not been violated, and we cannot tell with what we have if the CBA has or not.