| Seniority and systemic discrimination:
a response
In the last issue of Equity Forum
there was an article by Al Solheim on seniority and systemic discrimination.
Mr. Solheim, who is director of finance for the Kitsaki Development
Corporation, put forward the view that seniority reflects a cultural
bias that discriminates against Aboriginal people, women, and
the poor.
Two union representatives - Barb
Byers, president of the Saskatchewan Federation of Labour and
Glen Makahonuk, president of CUPE, Saskatchewan - have asked for
the opportunity to respond. Their article is set out below.
By Barb Byers and Glen Makahonuk
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We believe the article Seniority
and systemic discrimination by Al Solheim in a recent Equity
Forum newsletter deserves a response.
To suggest that elimination of seniority
would automatically improve employment equity for the target groups
- women, Aboriginal and visible minorities and the disabled -
is an attempt to impose simplistic solutions to a complex issue.
Unions recognize that seniority and employment equity are complex
issues. Since "seniority only" hirings only happen
in about one percent of the Saskatchewan workforce, other considerations
must be taken into account such as formal education, work experience
and selective training.
The Canadian Union of Public Employees
(CUPE) and many other unions within the SFL have supported affirmative
action, employment equity and pay equity for years. At the same
time, however, we do not believe seniority rights of workers can
be tossed aside without carefully weighing the pluses and minuses
involved in these issues.
We believe that seniority and employment
equity have the same objective: to limit workplace favouritism
and discrimination. Many aspects of employment equity are not
affected by seniority. For example: entry level hiring, which
is at the discretion of the employer, most aspects of the wage
system, some benefits and working conditions, and support measures
like childcare or paying transportation costs for training courses.
As well, some aspects of employment
equity can impact positively on seniority. For instance: recognition
that workers on maternity or paternity leave should accumulate
seniority and reducing the use of exaggerated qualifications to
deny workers promotions because an employer doesn't like them.
It must be conceded, as Mr. Solheim
claims, that seniority is an issue that has to be addressed vis
a vis employment equity. For example, how do we deal with
a situation where qualified visible minority workers apply for
permanent, full-time jobs and are denied because casual or part-time
white workers have more seniority? Or what happens when qualified
female workers apply for jobs in a predominantly male unit where
promotions are based on seniority? Or how do we ensure that culture
and seniority do not clash?
Not easy questions to answer. But to
simply disregard seniority won't work either. Eliminating a long-standing |
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and generally worthwhile practice in order to introduce an equally
necessary goal may simply replace one problem with another. We
believe that by trying to fulfil the goals of employment equity
by hiring affirmatively, this is not "reverse discrimination,"
because our union's goal is to see that no one group gets more
than their fair share of representation of the workforce.
We must first start by convincing employers
to hire people from the target groups. Had employers consistently
practised this in the past, on a non-sexist, non-racist basis,
we would have many more people today accumulating seniority, acquiring
qualifications and filling jobs regardless of race, gender or
physical challenges.
Employers have had free rein regarding
entry-level hiring for too long. That's where the problem originates
and that's where we should begin to address it.
In conclusion, a quotation from the
publication "Work Sharing as an Alternative to Layoffs by
Seniority" by Summers and Love:
"...Seniority enables an employee
to acquire valuable interests by his (sic) work, to capitalize
his labour and obtain something more than a day's wages for his
continued production. When seniority determines promotion rights,
it gives the employee a claim to better jobs when they become
available; when seniority determines the order of layoff, it provides
the employee a measure of insurance against unemployment. Seniority
does not guarantee that vacancies in higher rated jobs will be
filled or that any jobs will be available; but by giving the senior
employee priority when a choice is made as to who will be promoted
or who will remain employed, seniority gives an employee an interest
of substantial practical value. As Professor Aaron has pointed
out, `more than any other provision of the collective agreement...seniority
affects the economic security of the individual covered by its
terms', and it has understandably come to be viewed as one of
the most highly prized possessions of an employee. Seniority
may be the most valued capital asset of an employee of long service".
All of us - workers, employers and members
of affirmative action groups - must sincerely strive to implement
employment and pay equity in every workplace. But let's try to
do so without sacrificing such a "valuable capital asset".
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