Bumping: Overview, definition, and example
What is bumping?
Bumping refers to a situation in which an employee or job applicant is replaced or "bumped" from their position by someone with greater seniority or entitlement to that role. In the context of labor laws and unionized workplaces, bumping often occurs during layoffs or workforce reductions, where employees with less seniority are displaced by those with more seniority. The term can also be used in the context of reassignments, where employees are moved to different positions based on seniority or qualifications.
For example, if an employee with less seniority is laid off and a more senior employee (with more tenure or qualifications) claims the position, this is an example of bumping.
Why is bumping important?
Bumping is important because it is often a mechanism used to maintain fairness and seniority rights within a workplace, particularly in unionized environments. Bumping can help ensure that the most experienced or long-serving employees are given priority for job security, especially during layoffs or restructuring. It is designed to minimize the impact of layoffs on more senior employees while offering some job protection to those with greater tenure.
For SMBs, understanding bumping practices is important when planning workforce reductions, layoffs, or restructuring to ensure compliance with labor laws, union agreements, or company policies regarding seniority and job security.
Understanding bumping through an example
Imagine your business is downsizing and has to lay off a number of employees. You have two employees working in the same department: Employee A, who has been with the company for 3 years, and Employee B, who has been with the company for 1 year. According to the company’s seniority policy, Employee A, with more seniority, has the right to bump Employee B from their position if there is a need to retain someone for the role. As a result, Employee B is laid off, and Employee A is kept in their position or reassigned to another position within the company.
In another example, an employee may be bumped from their current job to a different role with less responsibility because a more senior employee has expressed interest in taking their position. This ensures that the more experienced employee is retained.
An example of bumping in action
Here’s how bumping might be referenced in a policy or employee agreement:
“In the event of a reduction in workforce, employees with greater seniority will have the right to bump less senior employees from their current positions. The employee with the most seniority will be offered the opportunity to fill any open roles before any layoffs occur.”
Conclusion
Bumping is a practice used to ensure fairness in employee retention and reassignment, particularly during layoffs or workforce changes. It typically favors employees with greater seniority, allowing them to retain positions over those with less experience or tenure. For SMBs, understanding bumping practices is crucial for complying with labor agreements and ensuring fairness when making staffing decisions.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.