Vested Seniority Rights: A Conceptual Approach

Authors

Francis A. Citera

Abstract

Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.

Recommended Citation

Francis A. Citera, Vested Seniority Rights: A Conceptual Approach, 36 U. Mia. L. Rev. 751 (1982)
Available at: https://repository.law.miami.edu/umlr/vol36/iss4/7