Education Services

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 specifically 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 the term “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.  

Through lecture, facilitated discussions and interactive exercises, the faculty of experienced arbitrators and labor and management attorneys will provide participants with practical skills and information on how to better understand and prepare for issues that pertain to “past practice” grievances. 

The faculty will also address some of the common questions advocates face when preparing for their grievances on “past practice” issues:
• Are “past practice” issues considered?
• How important is past practice?
• 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?

.

CLE Information:

West LegalEdcenter is procuring continuing legal education (CLE) credits on behalf of American Arbitration Association. This program is available for PA, NJ, DE, VA, WV. Credit amounts vary by attendance verification and jurisdictional rules and cannot be confirmed in advance of the program.

If you require CLE in a jurisdiction that is not listed, or if you are a professional in a discipline other than the practice of law, you will have an opportunity following the webinar to request a general attendance certificate which you may be able to use to submit the program on your own for credit (we suggest that you confirm application requirements with the appropriate licensing body).

Questions?

Please contact Maggie Lalowski at Lalowskim@adr.org or 212-484-3283.