Articles

When interpreting a contract, what you communicate to employees and unions matters as much as what's written. If your actions differ from written policy, expect to be held to “past practice,” which can influence contract interpretation.

Here are six effective ways managers can align daily practices with policy to ensure consistent contract interpretation:

1. Know What Is Considered “Past Practice”: It's not just a one-time event. It’s a consistent, repeated behavior accepted by both management and employees over time.
2. Communicate Changes Early & Often: Want to reset a past practice? Talk to HR and, if needed, the union. Sudden shifts without explaining behind the changes can lead to grievances.
3. Clear Language > Past Practice: If the contract language is explicit and unambiguous, it should override past practice. This means you won’t be challenged by the union if the past practice is different than what is written in the contract.
4. Audit Your Practices Regularly: Compare what’s happening on the ground to what the policy says. Address gaps before they become problems.
5. Don’t Rely Solely on Written Policy: If your actions consistently contradict the written policy, past practice might carry more weight in a grievance or arbitration.
6. Changed Circumstance: Your best defense to a dispute over past practice is to cite changed circumstances.