Past Practice

Personnel Manager (Past Practice)

n Collective Bargaining
n Impact and Implementation Bargaining
n Past Practice
n Negotiability Appeals
n Duty to Bargain

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.

REF:
n Title 5 USC Ch 71;
n 5 CFR Chapter XIV

Normally, management cannot stop an established and accepted "past practice" unilaterally if it is not contrary to law. Rather, it must give notice to the union of its intent to do so. If the union requests to discuss this change, then management must meet and deal with the union on this matter.

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Revised: 11/18/98
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