Screwed on Seniority

My local represents employees who work in the trade show industry in Boston. Our contract clearly states that management has to give preference to workers ‘with relevant trade show experience prior to April 1, 2003.’ Management has been ignoring this language and hiring whoever they please—and our union officials have taken no action. In the meantime, Teamsters with seniority are sitting at home. Is this contract language legit and what can we do to enforce it?

–Screwed on Seniority in Local 82

Dear Screwed,

The contract language you’ve cited is absolutely enforceable. In fact, it is the standard language that Teamster locals with referral halls use to protect union hiring rights in the face of anti-labor laws that make it illegal to require union membership as a condition of hiring.

When your employer ignores that language and bypasses experienced Teamster trade show workers to hire individuals without relevant trade show experience prior to April 1, 2003, management is violating the contract. Any Teamster with relevant experience before April 1, 2003 who is passed over in favor of a person who lacks such experience has a winnable grievance.

Individuals who want to enforce this contract language should keep a log to document that they presented themselves as available for work and were passed over for individuals who don’t have relevant experience before April 1, 2003. They should file a grievance that states the day they were passed over and, if possible, who they were improperly passed over in favor of. The appropriate “make whole” remedy would be a day’s pay plus pension and health and welfare credit.

In reality, language like this should not be left up to individuals to enforce. Local 82 should be monitoring hiring and policing the contract. Your local union has tools at its disposal for doing so—from the chief shop steward and business agents to federal law. The National Labor Relations Act requires your employer to turn over its hiring records to Local 82 upon request.

Get Advice Join TDU Donate

Recent News

TDU Grievance Handling Webinar Series

Join us for our last webinar in our Grievance Handling Series: "Grievance Handling Best and Worst Practices" on Sunday, September 13 at 12PM Eastern / 11AM Central / 9AM Pacific. Click here to register.

Webinar: UPS By the Numbers

UPS management and the business press are spreading doom-and-gloom myths about UPS’s future. Don’t believe the hype! Register now for our UPS Teamsters United webinar on Sunday, September 20 at noon ET, 11am CT, and 9am PT. Get the facts about UPS’s profits, operations, and competition from a logistics industry and labor expert. Find out how UPS Teamsters have the leverage to beat the company and win a strong contract in 2028. Advance registration required. Click here to register.

View More News Posts