IRL 402 Definitions - Interpreting the Agreement

Agency - a party is responsible for the acts of those authorized to act on its behalf

Back Pay - an award which grants the grievant compensatory damages based on the earnings the grievant would have had in the absence of improper discipline or discharge

De Minimis Rule - the doct rine that a departure from the collective bargaining agreement which is only very slight will not be held to be a violation

Management Rights Clause - a section of a collective bargaining agreement specifying the authority retained exclusively by the employer

Parole Evidence Rule - the clear meaning of the written agreement is not altered by oral statements or arguments the parties made in negotiating it

Past Practice - the way in which a particular situation or particular contract language has been treated earlier by the same employer and union

Precedents - previous decisions or interpretations relating to the same language or to a similar set of circumstances. If a precedent is binding, then subsequent cases must be decided in the same way as the precedent case

Seniority - the length of service of an employee in her/his job or department or with the same emplo yer

Waiver - also called estoppel - a party gives up its right to assert a contractual right or interpretation