NCJ Number
94125
Date Published
1983
Length
233 pages
Annotation
This guide to the content of a labor agreement discusses the rules governing contract interpretation, with attention to the impact of external law and major contract provisions.
Abstract
An opening discussion of generally accepted principles of contract interpretation outlines plain meaning, consistency, standard versus technical meaning, parol evidence, and past practice rules. It also examines questions of evidence in an arbitration proceeding. The chapter on external law reviews whether and to what extent arbitrators should be bound by public laws in a private tribunal and to what extent the arbitral process should be modified to accommodate the realities of outside law. This section reviews public sector labor relations where external law is an everyday consideration. The book then moves to specific contract provisions, beginning with management rights, grievance procedures, and the arbitration clause. Other chapters address seniority, contractual aspects of discipline, holidays, vacations, leaves, and job evaluation systems. Finally, the book cautions that current trends toward ad hoc arbitration, outside representatives, and reliance on external law pose threats to the traditional arbitration process. Each chapter contains an overview, a series of discussion cases and questions, and suggested readings. An index is supplied.