1802 Gaskin v. UAW FCA Department

Appellants contest the UAW FCA Department’s conclusion that the Company’s handling of their seniority did not violate the bargaining agreement.  Given the applicable contract language, the Union’s conclusion was rational.  Appellants assert that the Company should have selected probationary employees for layoff based upon seniority date or CID number.  However, the layoff provisions in the collective bargaining agreement do not set forth a basis for selecting among probationary employees.  The contract provides that probationary employees are to be laid off prior to employees who hold seniority, but is silent regarding the order for layoffs among probationary employees.  In addition, the agreement explicitly provides that “[t]here shall be no seniority among probationary employees.”  Given that language, it would be difficult to argue successfully that the Company should have selected among probationary employees based upon seniority.