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A "past practice" is nothing more than
the way things have been done. Such practice does not have to be written down in a
collective bargaining agreement, but can arise on the basis of regular, repeated action,
or inaction by management.
Generally, the existence of the following four factors will
indicate that a "past practice" exists:
- The practice was clear and applied consistently.
- The practice was not a special, one-time benefit or meant at the time as an exception to
a general rule.
- Both the union and management knew the practice existed and management agreed with the
practice or, at least, allowed it to occur.
- The practice existed for a substantial period of time and occurred repeatedly.
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