How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117438
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My Union contract states that "employees employed in the bargaining

This answer was rated:

My Union contract states that "employees employed in the bargaining unit covered by this agreement shall earn annual leave in accordance with the following schedule:
a. 0 to 5 years of full service... 12 days b. 5-10 years of full service..17 days." etc
"Employees shall have seniority dating from the Employees most recent starting date of employment."
If I left the company for several years and returned (as a union employee), should my annual leave be based on my seniority years or years of service with the company. Non-union employee' service is bridged so their annual leave is based on total years of service. The Union employees service is recognized by the company, but seniority is not bridged per the union contract. My hang up is the annual leave says based on years of full service, not seniority. Thank you.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The last part of that clause indicates that if you left the employer and returned then the seniority date would be the date when you returned as that is the "most recent starting date of employment." As far as your leave accrual, if it says "full service" and does not say seniority date, then the accrual should be based on the total time of service with the employer based on the contractual wording you have described. This would be something you need to file a grievance over with the union, because I agree with the HR director's initial impression and your impression regarding "full service" as that is what it means, the full length of time with the employer.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
Customer: replied 3 years ago.

Thank you for your opinion. Unfortunately, I can't go to my union for help since they have never stood up for any previous returning employees.

Guess I could file the grievance on my own with the Labor board.

Legally, because the union is the sole bargaining agent with the employer, you must first try to go through them. If they refuse to process your grievance, then you can file a grievance and also a complaint to the labor board for not properly representing you as they are contractually bound to do and at that point you must engage a local labor law attorney to proceed to the labor board against them.
Law Educator, Esq. and other Employment Law Specialists are ready to help you