Legal Question in Employment Law in Virginia

Same hiring date/Calculating Senority
We have 2 employees hired on the same date in our Union shop. Our contract stipulates that temporary and probationary employees are to be laid off first, then senority rules apply to the remainder of the staff. We had a small temporary layoff on March 21, 2006. I have two senority employees with the same hire date of 12/19/05. What is the most fair way to determine which employee must be laid off when the contract has no language concerning this issue? Is it acceptable to go alphabetically by the first letter of the last name? Example: Last names of Brown and Martin. Should Brown be retained while Martin is placed on temporary layoff?
Thanks in advance.

Asked on 3/24/06, 11:45 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Same hiring date/Calculating Senority

I would ask the shop steward or his/her surrogate, if there be such a person for his or her opinion.

If there be none such person , I would just bring in the affected employees and

ask each for their respective guesses as to who should leave by the outcome of a flip of the proverbial coin?

Heads or tails?

Answered on 3/24/06, 11:21 pm

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