Legal Question in Employment Law in California

equal rights

An interesting situation arose at work recently regarding nepatism. Our chief has a daughter and son that are with the company and have been given opertunities that many others have not been given. These include specialized schools, positions, and overtime. The problem lies with the rumor of lay-offs approaching many in the crew are being told that because we are not qualified to hold these positions we are subject to being terminated even though we have many years of seniority. When others have asked for an opertunity to attend these schools we received answers including "your to old", "your not in a position to spend the $", and the schools are no longer available. Is there a law or a provision that covers this activity in the work place. This is a union shop and the union has told us that if we are not qualified to hold these possitions we could be suject to lay-offs. If we never recieve the oppertunity for advancement how can we fill these possitions. The chief also has the right to write the qualifications and has in the past designed them so that his chosen few can only meet these requirements. Thanks for any help.


Asked on 12/02/99, 4:35 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: equal rights

If the jobs in question are bargaining unit jobs, covered by the union contract, and the chief's kids are in the bargaining unit, it could be argued that the training opportunities should have been offered to employees with top seniority. Thus as a result of the employer's failure to offer training on a seniority basis it might be precluded from laying off the more senior employees.

If, on the other hand the jobs are not in the bargaining unit, the employer is not generally required to offer the positions to bargaining unit members.

The union contract will govern this situation. A careful reading will disclose the employer's obligations.

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Answered on 12/04/99, 1:49 pm


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