discrimination

[PamA1962]

SO I found this in doing research online,

1. The Railway Labor Act imposes on a labor organization, acting by authority of the statute as the exclusive bargaining representative of a craft or class of railway employees, the duty to represent all the employees in the craft without discrimination because of their race, and the courts have jurisdiction to protect the minority of the craft or class from the violation of such obligation. P. 323 U. S. 199.

I understand it says "because of their race" this would be applicable to: sex, disability, etc...? Am I reading this correctly? I ma trying to find information to support my argument regardless of a senrioty system in past cases. Please and thank you

 

[zddoodah]

Race means nothing more than race.

 

[PamA1962]

Just for clarification:

Whatever it may or may not be as far as a violation of the union contract, this is NOT something the EEOC will address. "Seniority" is not a protected category under discrimination laws.

I found some information and looking for guidance, as I know you all are experts and appreciate and guidance...

The illegality of the racially discriminatory impact of seniority systems predated the enact- ment of title VII. Prior to the enactment of title VII, courts deemed discrimination in senior- ity systems illegal under the duty of fair representation. See Steele v. Louisville & Nashville R.R. Co., 323 U.S. 192, 207 (1944) (enjoining enforcement of discriminatory collective bar- gaining agreement under duty of fair representation)

https://supreme.justia.com/cases/federal/us/323/192/#199

please and thank you! I really admire what all of you do!

 

[PamA1962]

3. So long as a labor union assumes to act as the statutory representative of a craft, it cannot rightly refuse to perform the duty, which is inseparable from the power of representation conferred upon it, to represent the entire membership of the craft. While the statute does not deny to such a bargaining labor organization the right to determine eligibility to its membership, it does require the union, in collective bargaining and in making contracts with the carrier, to represent nonunion or minority union members of the craft without hostile discrimination, fairly, impartially, and in good faith. Wherever necessary to that end, the union is required to consider requests of nonunion members of the craft and expressions of their views with respect to collective bargaining with the employer and to give to them notice of and opportunity for hearing upon its proposed action. P. 323 U. S. 204.

 

[Zigner]

3. So long as a labor union assumes to act as the statutory representative of a craft, it cannot rightly refuse to perform the duty, which is inseparable from the power of representation conferred upon it, to represent the entire membership of the craft. While the statute does not deny to such a bargaining labor organization the right to determine eligibility to its membership, it does require the union, in collective bargaining and in making contracts with the carrier, to represent nonunion or minority union members of the craft without hostile discrimination, fairly, impartially, and in good faith. Wherever necessary to that end, the union is required to consider requests of nonunion members of the craft and expressions of their views with respect to collective bargaining with the employer and to give to them notice of and opportunity for hearing upon its proposed action. P. 323 U. S. 204.

Why do you believe that has anything to do with your situation.

There really is nothing more that an internet forum can do to help you. I would suggest you speak with a local attorney, if you are so inclined.

 

[PamA1962]

Why do you believe that has anything to do with your situation.

There really is nothing more that an internet forum can do to help you. I would suggest you speak with a local attorney, if you are so inclined.

Just passing idea and information I am finding online.. like I said I am no expert in law so I am just looking for helpful advice from people who may be more knowledgable fo know of loop holes ....

 

[eerelations]

Just passing idea and information I am finding online.. like I said I am no expert in law so I am just looking for helpful advice from people who may be more knowledgable fo know of loop holes ....

There isn't a loophole anywhere that will somehow make discrimination based on job seniority illegal. We've told you this in more ways than I can count, and yet you continue to return and disagree with us. I don't know about the other expert volunteers here, but personally, I'm done with this time-waster.

 

[PamA1962]

There isn't a loophole anywhere that will somehow make discrimination based on job seniority illegal. We've told you this in more ways than I can count, and yet you continue to return and disagree with us. I don't know about the other expert volunteers here, but personally, I'm done with this time-waster.

Wow, I am sorry you feel that way ... totally not my intentions I am very sorry you felt that way. like I said I am just looking desperately to find a way to challenge the system and find information out there with other cases as well as reading anything I could find. My apologies if you have felt I have wasted your time as I have always admired people who are intelligent and helpful. I am sorry you feel that way, I am trying to remain optimistic and look for anything I can find and question it.. I wish you peace and protection in this challenging time we are facing. thank you for your replies and again I am sorry if I made you feel that you wasted you time, if anything the fact that you took the time to read my post and even if I found it was not helpful and discouraging to myself.. I am still thankful that you took the time to do so.... again thank you and my apologies.

 

[cbg]

Unless you have some valid and supportable reason to believe that YOUR seniority system is racially based, that dog isn't going to hunt.

 

[FlyingRon]

It's not even provable that seniority is age based. And in this case she's arguing reverse ageism that they're treating the younger folks more adversely and that's not a protected class even when age is involved.

 

[HighwayMan]

The illegality of the racially discriminatory impact of seniority systems...

I find that to be a ridiculous statement.

Seniority, especially as it relates to job selections, vacation picks and overtime, is one sure way to avoid accusations of racial discrimination.

Seniority is seniority. It's colorblind.

 

[PamA1962]

my point is not age, it is not race... I understand the seniority system.. a union representative messaged me, the contract language was changed, there was not language in our contract that supported the decision that the company and union agreed on. There was nothing previously in the JCBA nor was there ever. My point was that yes it is a seniority driven system, but I had brought to the union and both companies attention that in doing what they had suggested to do regarding lines and pay for the month, that it would be discriminatory and not represent all of its members fairly regarding disability meaning anyone who has a underlying health condition.

Seniors being awarded a pay protection of 70 hour line a senior who has the same underlying condition as myself or as someone else, to not have to use their sick time to call in even if it were the flu or blocked ears, etc.. and because they are pay guaranteed to stay home and not fly.... so if they get sick with the same issue as myself, they are not penalized by our company for calling in sick nor is it deducted from their sick bank, their sick time will remain in tact and they will still be paid the same. This does not apply for someone like myself, who is junior but has the same underlying health condition as the senior.. so I have to use my sick time, and my sick hours are deducted from my bank and well as disciplinary points for calling in sick.. although my pay guaranteed but I would have had to use sick time to assure I would be paid and it would be deducted from my sick bank. The company and union will argued that this a flight attendant would be awarded a "no fly schedule" not because it was in our contract but because they did not have the funds nor the resources or time to make the change with our bidding system that is used to sort out the trips and award lines . Many had asked for evenly hours to be distributed, and were told it was not feasible because the computer would not process a PBS run and reserve bidding would also not be possible. The computer and bidding system would shut down and the reprogramming would require a significant amount of time and testing, this was tried, and the system failed each time.

If anyone felt is was race or age related from an excerpt I took from the internet I am sorry, I did not clarify but thought I did when I had asked above when I found the excerpt or info that was from a case I was looking at.

If the company were to suggest that our sick time would remain in tact I would not have an issue with this, this is why I feel it is discriminatory.

 

[PamA1962]

Unless you have some valid and supportable reason to believe that YOUR seniority system is racially based, that dog isn't going to hunt.

my argument was never racially... or age discrimination it is reagrding disability

 

[PamA1962]

my point is not age, it is not race... I understand the seniority system.. a union representative messaged me, the contract language was changed, there was not language in our contract that supported the decision that the company and union agreed on. There was nothing previously in the JCBA nor was there ever. My point was that yes it is a seniority driven system, but I had brought to the union and both companies attention that in doing what they had suggested to do regarding lines and pay for the month, that it would be discriminatory and not represent all of its members fairly regarding disability meaning anyone who has a underlying health condition.

Seniors being awarded a pay protection of 70 hour line a senior who has the same underlying condition as myself or as someone else, to not have to use their sick time to call in even if it were the flu or blocked ears, etc.. and because they are pay guaranteed to stay home and not fly.... so if they get sick with the same issue as myself, they are not penalized by our company for calling in sick nor is it deducted from their sick bank, their sick time will remain in tact and they will still be paid the same. This does not apply for someone like myself, who is junior but has the same underlying health condition as the senior.. so I have to use my sick time, and my sick hours are deducted from my bank and well as disciplinary points for calling in sick.. although my pay guaranteed but I would have had to use sick time to assure I would be paid and it would be deducted from my sick bank. The company and union will argued that this a flight attendant would be awarded a "no fly schedule" not because it was in our contract but because they did not have the funds nor the resources or time to make the change with our bidding system that is used to sort out the trips and award lines . Many had asked for evenly hours to be distributed, and were told it was not feasible because the computer would not process a PBS run and reserve bidding would also not be possible. The computer and bidding system would shut down and the reprogramming would require a significant amount of time and testing, this was tried, and the system failed each time.

If anyone felt is was race or age related from an excerpt I took from the internet I am sorry, I did not clarify but thought I did when I had asked above when I found the excerpt or info that was from a case I was looking at. Sorry again my apologies

If the company were to suggest that our sick time would remain in tact I would not have an issue with this, this is why I feel it is discriminatory.

 

[FlyingRon]

EEOC is not going to be involved in a union issue. It is NOT discrimination.

You have little recourse if you don't like the way the union is representing you other than to get more involved in the union. The NMB is there to rule about issues between the workers (as represented by the union) and the company.