The Use of Tests in Promotions Under Seniority Provisions

The testing requirements enunciated by the 1964 Civil Rights Act and the Equal Employment Opportunity Commission to eliminate certain types of discrimination through tests will assuredly have application in the further development of sound, overall testing programs for all employees. While at present very few contracts have provisions with respect to testing, undoubtedly most future agreements will. This development should reduce the number of disputes, since requirements now imposed by arbitrators will be written into bargaining agreements. While there will still be disagreements over whether the tests were properly evaluated, controversies as to whether the tests are specifically related to the job\u27s requirements\u27 can, and should, be prevented at the bargaining table. This note was intended to provide some guidance for both management and unions in the hope that tests may be properly utilized, because the objectivity they offer the selection process complements the traditional seniority system and will clearly contribute to a reduction of disputes over promotions