Legal Definitions - bumping

The term "bumping" has two primary meanings in a legal and commercial context:

• Employment Context:

  In employment law, "bumping" refers to the practice where a more senior employee displaces a less senior employee from their position. This typically occurs during periods of layoffs, company restructuring, or departmental reorganizations, allowing the senior employee to retain employment by taking a job held by someone with less tenure or experience.

  Example 1: A manufacturing plant announced a reduction in force due to declining sales. An experienced production line supervisor, whose specific role was being eliminated, was able to exercise their seniority rights under the union contract to take a different, lower-level production role that was currently held by an employee with only two years of service. The junior employee was subsequently laid off.

  Explanation 1: This illustrates bumping because the senior supervisor, facing job loss, used their greater seniority to displace a less senior employee from their existing position, thereby securing their own continued employment within the company.

• Airline Industry Context:

  In the airline industry, "bumping" describes the practice of denying boarding to a passenger who holds a confirmed reservation for a flight. This usually happens when an airline has overbooked the flight (sold more tickets than available seats), anticipating that some passengers will not show up. When too many passengers do show up, some must be denied boarding, often in exchange for compensation and rebooking on a later flight.

  Example 2: A couple arrived at the airport with their confirmed tickets for a popular holiday flight. At the boarding gate, they were informed by the airline staff that the flight was overbooked and they would not be able to board. The airline offered them travel vouchers, hotel accommodation for the night, and seats on the first flight out the following morning.

  Explanation 2: This scenario is an example of bumping because the airline, having sold more tickets than available seats, denied confirmed passengers their right to board the flight, offering them compensation and alternative travel arrangements instead.