Past Practice and Contract Reversion: What do these terms mean, and how are they applied?

NYSUT
- A Union of Professionals

Local & Retiree Council Presidents Conference April 10-11, 2013

41

Past Practice and Contract Reversion

What Is A Past Practice?

A Practice Which:
1. Involves a mandatory subject of negotiations
2. Is not addressed in a collective bargaining agreement 3. Is known, or should be known, to the employer

A Practice Which:
4. Is unequivocal (i.e., is clearly identified and applied) and unconditional, and
5. Continues uninterrupted for a sufficient period of time to create a reasonable expectation of continued application.

Past Practice and Contract Reversion

What is a Contract Reversion?

A Change In a Practice Which:

1. Is specifically and clearly addressed in a collective bargaining agreement
2. Differs from (is inconsistent with) the terms of the collective bargaining agreement

Past Practice and Contract Reversion

What Difference Do These Definitions Make?

Past Practice
A past practice may not be changed without negotiation with the bargaining unit.
* A unilateral change is subject to an improper practice charge under Section 209-a.1(d) of the Taylor Law, or, if the collective bargaining agreement contains a past practice clause, it may be subject to a contract grievance.

Contract Reversion
A practice which is subject to contract reversion may be changed to conform to the collective bargaining agreement at any time, without further negotiation.

Examples to Consider
1. Custodians get 15 minute breaks in the morning and the afternoon; the district eliminates the morning breaks. What do you need to know in order to determine if this is a past practice protected from unilateral change by the Taylor Law, or if the district is acting within its rights?

Examples, cont . . .
2. Elementary school classes have historically had no more than 25 students per class. The collective bargaining agreement is silent on the issue of class size limits. The district raises the number of students per class to 28. What, if any, remedy applies?

Examples, cont . . .
3. A music teacher at the high school conducts three concerts per year. The collective bargaining agreement provides for payment of a stipend for each concert, but the teacher has never submitted a request for the stipenduntil now. Has the teacher established a past practice of not being paid for the concerts? If not, why not?