Association of Employees
Supporting Education Services

Can You Tell Me: How Seniority Plays a Role in Vacancy Selections

Monday, February 3rd, 2025

Seniority and Vacancy Selections

Seniority may play a significant role in vacancy selections, as outlined in the collective agreements of both the University of Manitoba (UM) and the University of Winnipeg (UW). Specifically, Article 6.3 of these agreements mandates that employees with greater seniority be given preference in filling vacancies, provided their qualifications are “relatively equal” to those of less senior candidates.

The term “relatively equal” refers to the need for qualifications to be sufficiently comparable, rather than identical. For instance, if a position requires an undergraduate degree and two years of experience, a senior employee with a comparable combination of education and experience should be given preference. The core consideration is that the qualifications must be demonstrably relevant to the role in question.

In situations where a junior employee holds higher qualifications, but these qualifications are not directly applicable to the position, the senior employee’s qualifications—more aligned with the role’s requirements—should take precedence. However, seniority preference does not imply that a senior employee will be automatically overlooked if a junior employee holds qualifications that are more directly suited to the position due to prior experience in a similar role. Ultimately, the priority remains on the relevance of an applicant’s qualifications to the specific requirements of the position.

The collective agreements mandate transparency in the selection process. If a junior applicant is selected over a more senior candidate, the employer might expect a request to provide a rationale for the decision, as outlined in Article 6.3.1 at the UM and Article 6.6 at the UW. Senior applicants have the right to discuss these reasons with the relevant administrator, and the union may request access to this information through Human Resources.

Should a grievance arise regarding the selection, the appointment is deemed temporary until the grievance is resolved. If the grievance results in a reversal of the decision, the employee initially appointed will return to their prior position or a comparable vacancy, as per Article 6.3.4 at UM or Article 6.6.1 at UW.

If concerns arise regarding the application of seniority or qualifications, AESES can provide support and clarification. A good first step would be to start by asking the hiring manager for the rationale and, if insufficient, follow up with the AESES Labour Team at LabourTeam@aeses.ca. Phone calls can also be directed to the Business Office at 204-949-5200.