I work for a large overnight express delivery Company located in Memphis,Tn. Whenever an employee applies for a new job position and is accepted, the Company Policy is place that Employee at random Seniority on the Department Seniority List, no matter how many years that Employee has been working for the Company. Other factors that determine that Employees Seniority in the new Department are the assignment of Department Seniority by looking at the Employees last FOUR DIGITS of the Social Security Number. For instance, if the Company Employee becomes transferred to the new Department and there happens to be "New Hire" Employees on the same day, although the Employee has several or many years of Company Time, it does not mean that the Employee will be given Seniority over the "New Hires" because of the impact of the last Four Digits of the Social Security Number. The higher the Social Security Number, the less Seniority will be assigned to the Employee. I find this to be rather "odd" and I am not sure that the Company assigns Seniority to other Company Employees working in other Departments, in the same manner. This particular workgroup is governed by a UNION CONTRACT. My Questions are : 1. Is the existing form of Seniority in the workplace an act that "damages" an Employee's ERISA (Retirment Program) and furthermore potential wage earnings ? 2. Can an Employee who is being subjected to this Company Policy of Workplace Seniority take Legal action against the Company, even if there is a UNION COLLECTIVE BARGAINING AGREEMENT in place ? 3. Can the Employee take Legal action agains the UNION for not protecting that Employees Company Time Seniority ?

I would Welcome any constructive comments or ideas regarding this issue, but only would like to hear from a qualified Legal Counsel who is interested in talking about it. Please respond to me via e-mail only.

-- MARK CASILLAS (discountcycles@aol.com), August 05, 2003

Answers

Your questions are excellent. The "social security number" method could be an age discrimination claim. I can find counsel in Tennesse for you if you want.

-- Gerald P. Cunningham (gpc@lalabor.com), August 23, 2003.