Contract Language and Interpretation (LR205)

A collective bargaining agreement is a living document referred to by the parties involved on a daily basis. Whether they are administering contract language or proposing language at the bargaining table, this workshop is designed to provide labor relations practitioners with a solid, practical understanding of what contract language means and how it will likely be interpreted by an arbitrator in the event of a contract language dispute. This one-day workshop covers:

• A methodology for analyzing contract language disputes
• Standards used by arbitrators in contract interpretation cases
• Key contract clauses in collective bargaining agreements

Key Topics

Principles of contract interpretation

• Determining how language is construed
• Arbitrators' views on contract language

The role and impact of past practice

• Standards for defining/proving a binding past practice
• The impact of past practice on the meaning of contract language
• Termination of a past practice

Preserving management's rights

• Understanding the source of management's rights
• How management's rights can be affected by contract language or past practices
• How arbitrators view the doctrine of reserved rights

Drafting contract language

• How to write contract language that means what you intended
• Common drafting mistakes

Special Features

Case study practice in contract interpretation and drafting and the opportunity to hear an arbitrator's view