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notices could either choose to accept the layoff or exercise
their seniority. Seniority depended on the length of time an
employee had worked for NWA, regardless of where the airline
facility was located. An employee with higher seniority could
bump an employee with less seniority and take that employee’s
position. The employee with less seniority could then take the
layoff or find another employee with less seniority to bump.
This seniority bumping arrangement was in place across the
country, so that an NWA mechanic looking to keep his or her job
at NWA had to look at several different cities to find a less
senior employee to bump. Most employees exercised their
seniority in the way that would give them positions in cities as
close as possible to their families.
Mr. Bogue worked in Minneapolis until mid-April 2003, when
he received a bump notice. Mr. Bogue chose to exercise his
seniority and bump another employee rather than accept the
layoff. Bumping another employee meant he could stay an NWA
employee and could retain his health benefits. This was
important to Mr. Bogue because his wife, petitioner Lisa J. Bogue
(Mrs. Bogue), and young child relied on these benefits. Mr.
Bogue first exercised his seniority to take a position in
Detroit, Michigan, where he worked from April 16 until April 27,
2003. He was then bumped again and took a position in
Washington, D.C., on April 28, 2003. He worked in the
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