We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Past Practice: Key Insights into Its Legal Implications
Definition & Meaning
Past practice refers to a consistent way of doing things that has been accepted by both management and the union in a workplace. It is often used in labor law to resolve disputes or grievances when the contract does not clearly address an issue or contains ambiguous language. This practice does not need to be documented in the labor agreement but must have been followed regularly over time. When arbitrators consider past practice, they look for established behaviors that both parties recognized and accepted.
Table of content
Legal Use & context
In legal practice, past practice is primarily used in labor law, particularly in collective bargaining agreements. It serves as a tool for arbitrators to interpret contract terms when there is confusion or conflict. Understanding past practice can be beneficial for unions and management alike, as it can guide how similar grievances have been resolved in the past. Users can manage related forms or procedures themselves using templates from US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) A company has consistently allowed employees to take a 15-minute break every two hours during their shifts. If a new policy is introduced that does not mention breaks, an employee could reference this past practice to argue for the continuation of the breaks.
(hypothetical example) A union and management have regularly followed a procedure for overtime pay that differs from what is stated in the contract. If a dispute arises regarding overtime payment, they may look to this past practice to resolve the issue.
State-by-state differences
Examples of state differences (not exhaustive):
State
Past Practice Considerations
California
Strong emphasis on past practice in labor disputes.
New York
Past practice must be well-documented to be considered.
Texas
Less reliance on past practice; contracts are typically upheld as written.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Past Practice
A consistent behavior accepted by both parties.
Used when contract language is ambiguous.
Custom and Usage
General practices followed in a particular industry.
Broader scope, not limited to specific parties.
Collective Bargaining Agreement
A formal contract between union and management.
Written document; past practice is often unwritten.
Common misunderstandings
What to do if this term applies to you
If you believe past practice applies to your situation, gather evidence of the consistent behavior in question, including any communications or actions taken by management and the union. Consider consulting with a legal professional for guidance, especially if the matter is complex. Additionally, explore US Legal Forms for templates that can help you address the issue effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
It must be clear and consistently applied over time.
Both parties must acknowledge the practice.
It is primarily used in labor law disputes.
State laws regarding past practice can vary significantly.
Key takeaways
Frequently asked questions
Past practice refers to a consistent way of handling certain issues that has been accepted by both management and the union in a workplace.
Past practice is considered only when the contract language is ambiguous or contradictory, not as a means to override clear terms.
Gather evidence of consistent behavior, including documentation, communications, and witness statements from both management and union representatives.
No, past practice is specific to the parties involved, while custom and usage can apply more broadly within an industry.
Consult with a legal professional and gather evidence of the past practice to support your position.