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Past Practice in Arbitration
Past practices are recurring behaviors or actions concerning working conditions that
employers and relevant unions mutually agree to and set as working standards. These practices
are usually mutually agreed-upon norms between unions and employees. They are not part of the
collective bargaining agreement (“Past Practices”). For a norm to be identified as past practice,
an organization should have consistently embraced it despite its non-existence in the contracts,
and the employers have not challenged it. These past practices are vital in grievance solving,
especially those not incorporated into the organization's contract. Contracts rarely cover every
sphere of job issues; at times, they involve verbal rules between the management and the
employees (Simhon). Thus, in the event of problems or an accident, there is a need to rely on
past practice for justifiable arbitration. This paper explores an employee case study and how past
practice helps find an appropriate solution to employee grievances.
The case study is of Bob Boyce, an employee involved in an accident while on duty that
resulted in an injury. From the case study context, the accident resulted from the organization's
negligence in safety management and ineffective equipment management. The organization did
not inform the employee that the equipment was defective. However, after the accident, the
organization took effective corrective measures. Bob demands compensation for injury as ...