Contract Language and Interpretation (LR205)
Description
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
Who should attend
Labor relations/human resource professionals involved in the administration or negotiation of collective bargaining agreements