But We Always Did it That Way: Retrospective Rituals of Past Practice 4.25.24

An often overlooked and misunderstood concept in labor relations is that of "past practice." It is an invaluable tool for the enforcement of rights that individuals may have that are not explicitly stated in the collective bargaining agreement. A past practice is any long-standing, frequent practice that is accepted and known about by the union and management. Occasionally, past practice is used to modify, amend, or even contradict a clear and unambiguous provision of the contract. These unwritten agreements and standing policies give rise to "past practice." Using a past practice as grounds for a grievance is not always easy to defend. Hear from the experts on how they deal with "past practice" issues that routinely surface in labor arbitration.

Some of the common questions advocates face when preparing for their grievances on "past practice" issues will be addressed:

• How much weight do Arbitrators give these issues?
• What is the test for a valid past practice?
• What are the guidelines for determining whether something is a past practice?
• Does past practice supersede a contract?

Faculty: 

Danielle Carne, Esq. - AAA Labor Arbitrator
Mary Ellen Shea - AAA Labor Arbitrator
Facilitator - Janice Holdinski - VP Labor

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