Glossary

article placeholder

Past practice

A policy or activity that is consistent, longstanding, known to, and accepted by the parties. Past practice evidence usually is offered to shed light on...
article placeholder

Offer of proof

A narrative description of a proposed line of examination presented to an arbitrator when an advocate is seeking to introduce evidence that the opposing party...
article placeholder

Mediation

A method of resolving labor disputes whereby a disinterested third party listens to the arguments of both the employer and the union and then suggests methods...
article placeholder

Management rights

A contract clause stating that certain rights are reserved to management unless otherwise specified in the bargaining agreement. Typically, management rights...
article placeholder

Last-chance agreement

A grievance settlement that allows an individual to return to work, usually without back pay, but specifies that dismissal will be the penalty for any further...
article placeholder

Laches

A doctrine from the law of equity holding that a party that unjustifiably delays acting on a right for an excessive period of time can lose the opportunity to...
article placeholder

Just cause

A phrase applied to assessing an employer’s rationale for disciplining an employee, including such issues as notice of rules, warning of discipline, fairness...