Plz help

[chad taylor]

What is the name of your state (only U.S. law)? CA

The union was just voted in, so there is no contract yet. Negotiations have just
started, however the union determined seniority status for employees who started
on the same hire date. They based it on the last four digits of their
SS#....the employees with the highest (last four SS#) got the lowest seniority.
My question is...is this legal? It seems mighty discriminatory to me! They are
saying because I was born in a certain state in a certain year and was assigned
this SS# as a baby, I automatically get the lowest seniority status because the
last four digits of my SS# is higher than others. Thank you for any help you
can provide on this matter.

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA

The union was just voted in, so there is no contract yet. Negotiations have just
started, however the union determined seniority status for employees who started
on the same hire date. They based it on the last four digits of their
SS#....the employees with the highest (last four SS#) got the lowest seniority.
My question is...is this legal? It seems mighty discriminatory to me! They are
saying because I was born in a certain state in a certain year and was assigned
this SS# as a baby, I automatically get the lowest seniority status because the
last four digits of my SS# is higher than others. Thank you for any help you
can provide on this matter.

The last four digits have nothing to do with your age. There are only 10,000 possible combinations for the last four 0000-9999. More than 10000 people are born on any one date. It may be discriminatory but it is not illegal.

 

[OHRoadwarrior]

You can certainly ask they do it according to another arbitrary method. What do you propose? Apparently 1st punch is not a reasonable one in this situation.

 

[chad taylor]

The last four digits have nothing to do with your age. There are only 10,000 possible combinations for the last four 0000-9999. More than 10000 people are born on any one date. It may be discriminatory but it is not illegal.

Thank you for your response Ohiogal....I guess what I am trying to ask is there anything I can do legally to change the way they are determining seniority, since I did not have a choice in the matter being assigned this number as a baby?

 

[Zigner]

I vote for a rousing round of eanie meanie miney moe.

 

[chad taylor]

You can certainly ask they do it according to another arbitrary method. What do you propose? Apparently 1st punch is not a reasonable one in this situation.

OHRoadwarrior**************..My company did propose other methods first....they proposed adding the last four numbers of your social and whoever added up to the highest number would have the highest seniority....the union threw that out. Then my company proposed whoever has the highest of the last four SS#, have the highest seniority....the union threw that out. The union said they decided whoever has the lowest last four SS# has the highest seniority because other hotels here in San Diego have used this method before. Just because hotels in the past here in SD have used this method determines how the union wants my company to determine seniority? Why is this set in stone? To me, no way seems fair....picking out of a hat seems like everyone has a more fair chance to get high seniority!

 

[cbg]

And no one else had any control over what number they were assigned, either.

So what is your suggestion for a way that you think would be fair?

 

[chad taylor]

And no one else had any control over what number they were assigned, either.

So what is your suggestion for a way that you think would be fair?

Exactly my point cbg...I don't know what is fair. Have any suggestions? The main reason this is such a delicate matter is...it affects our income. We work in restaurants/bars here in the airport, and depending on your seniority status determines if you get the money making bar/restaurant. The only thing I can come up with is picking names out of a hat...it sounds silly but at least it is fair.

 

[cbg]

I personally don't think there's anything unfair about the option being used. No one had control over the number they were assigned; it was totally random for everyone. It's not affected by your age or by any other factor except the order the application showed up on the desk of the person who processed them, back when you were born. It's just as random as some of the suggestions your union asked for. If they were using this same method and you ended up with high seniority, would you still be complaining?

 

[chad taylor]

I personally don't think there's anything unfair about the option being used. No one had control over the number they were assigned; it was totally random for everyone. It's not affected by your age or by any other factor except the order the application showed up on the desk of the person who processed them, back when you were born. It's just as random as some of the suggestions your union asked for. If they were using this same method and you ended up with high seniority, would you still be complaining?

You know I probably wouldn't naturally, however somebody else from my company would be on here instead of me.....so again my point is I don't think any way they are proposing is fair! They could put their heads together and come up with something else I believe.

 

[cbg]

Fair is subjective. The fact of the matter is, no means that is provided is going to make everyone happy. Anyone who thinks that there exists a method of determining seniority that each and every person will agree is fair, either has been living in a monastary for the last 45 years or just arrived on the last spaceship coming in from Mars.

 

[Ohiogal]

How many people in YOUR department have the exact same hire date? No really. There were people hired before you and people hired after you. This is just a solution for those hired the exact same date as you.

 

[chad taylor]

How many people in YOUR department have the exact same hire date? No really. There were people hired before you and people hired after you. This is just a solution for those hired the exact same date as you.

Yes...the company just started in San Diego, so 15 of us started on the same day, however I believe they should go by application date when it comes to our situation

 

[OHRoadwarrior]

Past practice is an acceptable method. You will learn that is the way things work in a union grasshopper.

 

[Proserpina]

Yes...the company just started in San Diego, so 15 of us started on the same day, however I believe they should go by application date when it comes to our situation

And how is that fairer?

What if your application didn't get to the office until five days after everyone else's?

What if someone just dropped by and handed it in, versus mailing?

Come on now.