Solving the “Past Practice” Conundrum

Document Type

Article

Publication Date

Summer 2018

Publication Title

Labor Law Journal

Keywords

past practice, labor laws, labor contract, arbitration

Abstract

The article discusses the rationale behind the refusal to define a "past practice" as an agreement under labor laws in the U.S. It states that "past practice" concept occurs in several contexts, including the one to provide evidence as to the appropriate meaning of an ambiguous provision of a labor contract, and mentions that announcement of Statute of Frauds about labor contracts. It notes that arbitrators should not be precluded from accepting and enforcing a "past practice."

Comments

Full-text available only to CSU affiliates

Volume

69

Issue

2

Link to Full Text

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