NCJ Number
59410
Date Published
1977
Length
57 pages
Annotation
THE CONFLICT BETWEEN TRADITIONAL SENIORITY SYSTEMS AND EFFECTIVE AFFIRMATIVE ACTION PROGRAMS IS EXAMINED, WITH A VIEW TO PROVIDING PUBLIC SECTOR EMPLOYERS AND EMPLOYEE ORGANIZATIONS WITH ALTERNATIVES TO CONFLICT.
Abstract
THE FOCUS OF THIS MONOGRAPH, THE SECOND IN A SERIES ON PUBLIC EMPLOYEE RELATIONS ISSUES IN CALIFORNIA, IS THE PROBLEM THAT ARISES WHEN LAYOFFS BY SENIORITY CUT INTO EMPLOYMENT GAINS MADE BY MINORITIES AND WOMEN UNDER AFFIRMATIVE ACTION. THE CONCEPT OF AFFIRMATIVE ACTION AND ITS INCEPTION IN LEGISLATION AND NATIONAL EQUAL EMPLOYMENT OPPORTUNITY POLICY ARE DISCUSSED. THE INTERRELATIONSHIP OF AFFIRMATIVE ACTION AND LAYOFFS BY SENIORITY IN AN ECONOMIC SETTING THAT BOTH NECESSITATES LAYOFFS AND HEIGHTENS THE NEED FOR AFFIRMATIVE ACTION ON BEHALF OF DISADVANTAGED WORKERS IS EXAMINED. SENIORITY PRINCIPLES IN THE PUBLIC SECTOR AND HOW THEY DIFFER FROM THOSE IN THE PRIVATE SECTOR ARE CONSIDERED. CASE LAW PERTAINING TO THE AFFIRMATIVE ACTION/SENIORITY ISSUE IN BOTH THE PRIVATE AND PUBLIC SECTORS IS ANALYZED IN DEPTH. A CALIFORNIA CASE STUDY ILLUSTRATES THE PRACTICAL, AS OPPOSED TO THE THEORETICAL OR LEGAL, ASPECTS OF THE AFFIRMATIVE ACTION/SENIORITY PROBLEM FOR LOCAL GOVERNMENT. THE MONOGRAPH CLOSES WITH SUGGESTIONS FOR ALTERNATIVES TO CONFLICT--WAYS THAT PUBLIC EMPLOYERS AND EMPLOYEE ORGANIZATIONS MIGHT COOPERATE IN RECONCILING THE DUAL PRESSURES FOR BUDGETARY RESTRAINT AND FOR FAIR TREATMENT OF BOTH CAREER EMPLOYEES AND NEW ENTRANTS INTO THE WORK FORCE. A NUMBER OF PERSONNEL COST-SAVING DEVICES ARE CONSIDERED, SUCH AS PAYLESS VACATIONS, PAYLESS WORKDAYS, WAIVER OF FRINGE BENEFITS, EARLY RETIREMENT, ELIMINATION OF OVERTIME, TEMPORARY LEAVE WITHOUT PAY, SELECTIVE FILING OF VACANCIES, AND A VARIETY OF WORK-SHARING DEVICES (E.G., CHANGING ONE FULL-TIME JOB INTO TWO HALF-TIME POSITIONS), AND LAYOFF STRATEGIES (E.G., LAYOFF BY LOTTERY). (AUTHOR ABSTRACT MODIFIED)