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Shift bidding criteria
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Shift bidding criteria
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What legal implications are there when performance is utilized as a criteria for employees with the same hire date participating in a shift bid for their work schedule (all having the same hire date)?
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Shift bidding criteria

posted at 8/5/1999 8:30 AM EDT
Posts: 1
First: 8/5/1999
Last: 8/5/1999
What legal implications are there when performance is utilized as a criteria for employees with the same hire date participating in a shift bid for their work schedule (all having the same hire date)? Performance is determined by evaluations in training class. Would a random drawing or a lottery approach be more advisable?
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Shift bidding criteria

posted at 8/5/1999 10:54 PM EDT
Posts: 54
First: 7/5/1999
Last: 12/11/2002
Outside of a contract that would spell out who should be put on what shift, I would use performance as the main factor in my decision. By using your evaluations from training you could probably block any claims of illegal discrimination, but it's perfectly legal to discriminate on the basis of job performance. That's management's job. Put your best employees on the shift that they want to improve your chances of retaining them. A lottery or other chance system runs the chance of angering everyone.
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Shift bidding criteria

posted at 8/8/1999 11:46 PM EDT
Posts: 2217
First: 6/16/1999
Last: 12/13/2001
The answer to your question may be found in your collective bargaining agreement. While some CBAs do provide for seniority as the first criterion for resolving competing shift bids, not all do; indeed, some employers make a point of negotiating for employer discretion, qualification requirements, etc. Regardless of your CBA, of course, any selection criteria must be nondiscriminatory and othwerwise lawful.
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