NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

Past practices and the administration of collective bargaining agreements

The classic discussion of past practice. When does a customary way of doing things become a binding contractual obligation and when may it be changed? Several answers to those questions are analyzed and evaluated. Elson points out that those who negotiate the CBA and those who adopt practices on the shop floor are not the …

Read more

Discusses the uses and abuses of past practice in arbitration in relation to the “plain meaning” rule of contract interpretation and ambiguous contract terms. Also addresses how past practices are created, and how they cease.

Read more

A discussion of Benjamin Aaron’s paper on past practice that focuses on wage differential arbitrations, the distinction between gratuities and past practice, technological changes, and economic changes. [See 1955 page 1.]

Read more