Legal Question in Employment Law in Montana

I am a Montana State worker who has an opportunity for advancement based on senoirity. The question of seniority btween myself and another employee in line for this position is based on a union contract article wich states: "All other approved leaves of absences without pay which exceed fifteen (15) calander days shall be considered lost time for purposes of seniority." This coworker is one step ahead of me in senoirity and has missed 17 days leave without pay. I am being told from managment that she will retain her senority because they are interpreting this article as saying the 15 days must be consecutive. Even though the word consecutive is not in the contract. This person has misssed these days a few days at a time.

What is the legal definition of "calender day" and are my rights as an employee being stepped on by managments interpretation?


Asked on 5/17/10, 8:58 am

1 Answer from Attorneys

I would talk to your union representative. If you don't get help with the representative, then I would suggest that you go see an employment law attorney. I would need to review the entire contract. Without reviewing the entire contract, it appears that the plain language of the contract does not say consecutive. I would argue that 15 days means 15 days. If drafters of the contract meant consecutive days, then the word consecutive would be in the contract. Are there any definition sections in the contract?

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Answered on 5/23/10, 9:30 am


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