Seniority issues

Steelworker2285

New Member
Jurisdiction
Massachusetts
My company has changed their drafting policy to "upgrade" employees to fill vacancies in another dept ($8+ an hour extra) by most available "" however they do not follow seniority. My union is in their 3rd step with it and daily i man losing money. They failed to explain most available, and draft an entire department which in my eyes means that they are not available if they need to remove and entire shift from their duties. Instead of these available junior men backfilling senior guys they take them and tell me they have the right to manage, now since we are in the third step the union feels it is not in their best interest to grieve this. Is there legal grounds for suing the company for lost wages? Per union contract seniority is the first thing. There is no "availability" worded in this
 
In employment law, seniority is a non-issue. There are no laws anywhere in the US that requires an employer to follow any type of seniority in the absence of a contract or CBA that requires it. This is going to be strictly a matter of the union contract and will need to be handled through the union.
 
I was hoping that was not the case. Thanks. Ill pirsue it further with the union

If the CBA addresses OT, you'll receive every dollar you've failed to have been paid.
 
I don't think that steelworker's issue has anything to do with overtime.

I read it that the higher paid promotions were not given out based on seniority. Steelworker, who has seniority, didn't get one of the promotions. The union has apparently decided not to push the issue.
 
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