A Federal Agency is considering a layoff. It anticipates a budget shortfall that is going to require cutbacks in personnel. The Agency Director has suggested that a layoff score be computed for each employee, based primarily on the person's performance appraisal. The Federation of Federal Employees, which is the recognized bargaining agent for the agency employees, strongly objects and proposes that the layoffs be based on seniority.
What possible legal questions can be raised and how would you resolve these questions.