Solving the “Past Practice” Conundrum
Labor Law Journal
past practice, labor laws, labor contract, arbitration
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."
Ruben, Alan Miles, "Solving the “Past Practice” Conundrum" (2018). Law Faculty Articles and Essays. 981.