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Old 08-23-2014, 05:58 PM   #1 (permalink)
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Join Date: Aug 2014
Posts: 1
Past Practice

Question in my mind is, if there are numerous past practices for the same situation, which past practice do you go with? How do you fairly judge which one to go with, currently used or original past practice?

Last edited by jafo; 08-24-2014 at 11:12 AM.
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Old 08-26-2014, 11:27 AM   #2 (permalink)
Join Date: Apr 2014
Location: San Jose, CA
Posts: 98
Past Practice

If you are talking about past practices regarding employment law then there are several factors that you have to consider. A past practice is usually a long standing and frequent practice that is generally known and accepted by union and management.

The best way to determine which to chose from is to look at how long the practice has been in effect. The longer it has been around and the longer it has been known by union and management, then the more weight the past practice carries. Also look at repetition. If a practice has repeated over and over, the better the past practice is. The repeated practice must also be consistent and recent. If a past practice has not happened for a long time ( e.g 5 years) then it might not be as strong since it has not been consistent in recent past. The repeated pattern of the past practice must also be the clear and consistent and in the same way each time. This way the practice can be proved to be accepted by union and management since it happened over and over in the same manner and management accepted it.

Just remember the more the better, so try and gather as much evidence as you can of the consistent repeated past practices
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