Jersey Central Power and Light Co. v. Local 327, IBEW, 508 F. 2d 687 (3d Cir. 1975).
Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972,' has produced a variety of complex legal problems. Included, due to the recent recession, has been the conflict between the Act's interpretation and contractual seniority rights during layoffs.' Resolution of the issue of whether layoffs in reverse order of seniority violate Title VII influences not only contractual relations between unions and corporations, but also the strength of the Equal Employment Opportunity Commission,' and the effectiveness of Title VII. The Third Circuit decided in Jersey Central Power and Light Co. v. Local 327, IBEW that collective bargaining agreement seniority provisions do not violate Section 703(h) of Title VII.5 The court, in essence, directed Jersey Central to lay off in reverse order of seniority pursuant to a collective bargaining agreement, rather than according to a formula minority percentage plan incorporated in a conciliation agreement between the employer, unions, and the EEOC. This note will explore Jersey Central in the context of the judicial development of Title VII seniority policy, and of its weakening effect on Title VII, the EEOC, and public policies emphasizing the need for equal opportunity for women and minorities.
Wise, Nancy J.
"EEOC: Seniority Rights during Layoffs in Light of Title VII,"
University of Dayton Law Review: Vol. 1:
1, Article 10.
Available at: https://ecommons.udayton.edu/udlr/vol1/iss1/10