Connecticut Supreme Court rejects a thirty-year past practice claim involving a promotion. Because the position of police captain was outside the bargaining unit, the bargaining agreement was not applicable and the town had the discretion to promote any candidate from the promotional list, irrespective of their examination score. Honulik v. Town of Greenwich, #SC 18046, 293 Conn. 641, 980 A.2d 845, 2009 Conn. Lexis 394 (2009).
     Arbitrator finds that management did not violate the bargaining agreement by assigning dispatchers, who are in the police union, to answer telephones when records clerks, who are in a different unit, are not at work. Dispatchers had been doing that work for more than 11 years and job duties often overlap between classifications. City of Elyria and FOP Ohio, FMCS #080715/03884-8, 125 LA (BNA) 1793 (Sellman, 2009).
     Arbitrator finds that management violated the bargaining agreement by unilaterally implementing a pooled car system and eliminating take-home vehicles, which was a long-standing practice. The Borough also must compensate officers who were affected by the elimination of the take home vehicle policy during the relevant time period. Bor. of West Mifflin and POA, 126 LA (BNA) 139 (Miles, 2008).
Arbitrator holds that the establishment of a take-home vehicle program that was established by a unilateral employer policy was subject to amendment or rescission by the same process. This is especially true in the absence of the past practice clause. City of Marion and FOP Ohio, 126 LA (BNA) 212, FMCS Case #08-03111 (Fullmer, 2009).
     Although ruling on the admissibility of witness testimony, the California Public Employment Relations Board holds that a city unilaterally modified a recognized past practice concerning the use of take-home vehicles. It had a duty to bargain such changes. AFGE L-117 and City of Torrance, Case #LA-CE-232-M, Decision #2004-M (Cal. PERB, 2009).
     Arbitrator finds that management violated the bargaining agreements when it unilaterally limited the amount of vacation leave employees can accrue to 5 weeks, where, for as long as anyone can remember, employees have been able to accumulate and combine annual leave up to three years. In re City of Urbana and FOP Ohio & IAFF L-1823, FMCS Case #08/02423, 125 LA (BNA) 1143 (Jacobs, 2008).
     Arbitrator finds that management violated the bargaining agreement by guaranteeing overtime pay for police Field Training Officers and by not paying FTOs taking vacation time during a cycle, where the city had a past practice of paying FTOs in each category, and management was unsuccessful in negotiating a change in that past practice. City of Aurora, Colo. and Aurora Police Assn., 125 LA (BNA) 769, AAA Case #77-390-00446-07 (Landau, 2008).
     Arbitrator holds that management did not violate the bargaining agreement when it did not give security employees holiday pay for President Ford's funeral, even though they were provided holiday pay for President Reagan's funeral. Payment for Reagan's funeral did not establish a binding past practice. Caelum Research Corp. and White Sands L-392, IAMAW, FMCS Case #07/003065, 125 LA (BNA) 541 (Halter, 2008)
     Arbitrator holds that management did not violate the bargaining agreement when the fire chief unilaterally changed work schedules, where the agreement provided that the chief should determine schedules; past practices are irrelevant if the contract language is unambiguous ). City of Sunnyside and IAFF L-3542, #20039-A-05-01425, 123 LA (BNA) 1217 (Boedecker, 2007).
     Arbitrator rejects a grievance about how unused sick pay is calculated for buy-back purposes, where the parties have followed the same procedure for nineteen years. "...inconsistencies do not override the language of the CBA and the nineteen years of past practice in effect." City of San Antonio and POA, AAA #70-390-00210-06, 123 LA (BNA) 791 (Moore, 2007).
     Management violated the bargaining agreement when it reduced the employee lunch period from 45 or 40 to 30 minutes; although a state law set a 30-minute floor for lunch break, the parties had 25-year practice of longer breaks. Sandridge School Dist. 172 and Sandridge Educ. Assn., 123 LA (BNA) 344 (Goldstein, 2006).
     Arbitrator holds that management violated the bargaining agreement when it ended a 15-year practice that detectives could use city vehicles to and from work. City of Auburn Hills, Mich. and Police Officers Labor Council, FMCS Case #05/56241-8, 122 LA (BNA) 1761 (Sugerman, 2006). {N/R}
     Arbitrator upholds management's decision to exclude sick leave, vacation pay, and holiday pay from a police officer's severance pay during the period she received workers' comp. benefits. There was a long-standing past practice to deny those benefits while officer is on disability leave. City of White Bear Lake and Law Enf. Labor Serv., BMS Case #05-PA-643, 122 LA (BNA) 1589 (Daly, 2006). {N/R}
     Arbitrator finds that management violated the bargaining agreement when it denied a health claim. Although there was a 27-year past practice of not providing dental benefits to part-time employees, the bargaining agreement unambiguously provided dental insurance benefits for all full time and regular part-time employees. Zane Trace Bd. of Educ. and School Support Personnel Assn., AAA #52-390-00213-05, 121 LA (BNA) 1756 (Fullmer, 2005). {N/R}
     Who is liable for overtime payments to injured officers that are treated at the hospital? The city or the Workers' Comp. plan? Arbitrator finds this city had an established past practice of paying salaries to officers undergoing treatment, and is enforceable even if the payments might have been made on an erroneous legal assumption. Vil. of Romeoville and Metrop. Alliance of Police, 121 LA (BNA) 1797, FMCS #05/00563 (Wolff, 2006). [2006 FP May]
     Federal appeals court affirms a management practice of classifying termination appeals as "abandoned" if the union has failed to schedule arbitration review within twelve months. Cruz-Martinez v. Dept. of Homeland Security, #04-3271 2005 U.S. App. Lexis 10418 (Fed Cir. 2005). [2005 FP Aug]
     For public policy reasons, New York's highest court declines to enforce a past practice clause. Although management had a history of choosing the top candidate for promotion, the law creates the rule of three, and the promotion of police officers is a process is too sensitive to allow a past practice to prevail. Matter of Arb. Bet. Buffalo PBA and City of Buffalo, #79, 2005 N.Y. Lexis 1181 (N.Y. 2005). [2005 FP Aug]
     When the bargaining agreement is subject to two interpretations, an arbitrator must look to the past practices of the parties. In the past, a doctor's note for sick leave had not been required for absences under three consecutive days, and an arbitrator holds that management could not require one of a deputy to justify multiple absences of fewer than three days. Kitsap Co. and Deputy Sheriff's Guild, 119 LA (BNA) 1753 (Gaba, 2004). [2004 FP Dec]
     New York Public Employment Relations Board concludes that take-home police cars are an economic benefit, which cannot be removed absent bargaining -- but only when it is a recognized past practice. The union failed to demonstrate the existence of a past practice. Superior Officers' Assn. of Nassau Co. Police Dept. and Co. of Nassau, #U-23900, 37 NYPER (LRP) ¶3014, 2004 NYPER (LRP) Lexis 79 (NY PERB 2004). {N/R}
     While a California city entered into two last chance agreements for first-time violations of the fire department's alcohol and drug use policy, they were specifically labeled as non precedent setting, and future disciplinary action was unaffected by the agreements. San Francisco Firefighters Union v. City and County of San Francisco, #1611-M2004 PERC (LRP) Lexis 70, 28 PERC 120 (Cal. PERB 2004). [2004 FP Nov]
    Arbitrator holds that the city violated a past practice when management selected a less senior firefighter to fill a vacancy by transfer. Arbitrator also orders payment of overtime differential. City of Urbana and Urbana F/F Assn., 119 LA (BNA) 1078, FMCS Case No. 041202/01725/6 (Imundo 2004). [2004 FP Sep]
     Massachusetts holds that management must bargain with the union before ordering the removal of union buttons from their uniforms, where officers have worn those buttons for many years with adverse consequences. The bargaining requirement does not apply to non-union pins or accoutrements. Sheriff of Worcester Co. v. Labor Relations Cmsn., #01-P-1628, 60 Mass. App. Ct. 632, 805 N.E.2d 46, 2004 Mass. App. Lexis 284 (2004). [2004 FP Jul]
     Arbitrator holds that management does not violate the bargaining agreement by attempting to limit police officers from being unnecessarily subpoenaed to appear in court proceedings, but cannot direct officers to ignore lawfully issued subpoenas. Bor. of Charleroi, Pa. and Teamsters L-205, 119 LA (BNA) 385, Pa. Bur. Mediation #4105 (Dissen, 2003). [2004 FP May]
     Arbitrator upholds right of management to require a worker to provide documentation for his use of sick leave. Although the contract required documentation only for absences of more than three days, it was reasonable for management to require documentation where a pattern of absences of less than three days occurs. Penn Hills and Munic. Empl. Org., 118 LA (BNA) 1806 (Franckiewicz, 2003). [2004 FP Apr]
     A city's practice of temporarily rescheduling firefighters' work shifts -- known as arrowing -- was not a binding past practice, despite the union's failure to file a grievance for over 20 years. Assn. of Cleveland Fire Fighters L-93 v. City of Cleveland, No. 2002-0612, 99 Ohio St.3d 476, 2003 Ohio 4278, 793 N.E.2d 484, 2003 Ohio Lexis 2176; 173 LRRM (BNA) 2484 (Ohio 2003). {N/R}
     Arbitrator rejects a claim that there was a recognized past practice that allowed the sheriff to disregard a seniority clause in the bargaining agreement. There was no proof of a "public safety" necessity to warrant making a involuntary shift reassignment. Lincoln Co. Sheriff's Dept. and Teamsters L-2, 118 LA (BNA) 1340, FMCS Case 02/0318-06959-7 (Calhoun, 2003). [Dec FP 2003]
     Management did not violate the bargaining agreement when teachers were assigned as cafeteria monitors, even though management had not made these assignments in past. Newbury Local Sch. Dist. and Newbury Educ. Assn., 118 LA (BNA) 982, AAA Case # 53-390-00847-02 (Skulina, 2003). {N/R}
     Arbitrator holds that management did not violate the bargaining contract when it allowed make-up overtime as a remedy for mistakes in assigning overtime, consistent with a past practice, and there was nothing in the contract authorizing back pay as a remedy. Wackenhut Corrections Corp. and Delaware Co. Prison Emplees., FMCS Case #02/02150, 118 LA (BNA) 389 (Kaplan, 2002). {N/R}
     Arbitrator overturns a management requirement that detectives take off on a specified holiday, rather than choose their leave day, where a past practice of choosing a floating recreation day had been followed for more than ten years. The right of management to determine work periods did not override a past practice. In re Port of Portland and AFSCME L-1847, 118 LA (BNA) 83 (Reeves, 2002). {N/R}
     Arbitrator upholds a grievance that a federal agency previously paid for two or three union officials to attend a national benefits conference and cut the number to only one in 2002. There was a nexus between upcoming negotiations and the conference. General Services Administration and AFGE C-236, 117 LA (BNA) 436 (Hockenberry, 2002). {N/R}
     Arbitrator holds that management unilaterally ended a 30 year past practice of assigning a bargaining-unit patrolman to fill a detective position. City of Niles and Ohio PBA, FMCS Case #02/00981, 117 LA (BNA) 244 (Parkinson, 2002). [2002 Oct. FP]
     Arbitrator holds that a city violated the bargaining agreement when it denied tuition reimbursement to a police officer for a religion course, where the city had past practice of reimbursing courses required for a criminal justice degree. City of Oregon and Oregon Police Patrolmen's Assn., 117 LA (BNA) 236 (Klein, 2002). [2002 FP Oct]
     Arbitrator overturns a chief's ban on outside employment as a private investigator. Previously, the grievant had been allowed to perform that work and the bargaining agreement contained a past practice clause. City of Columbus and FOP L-9, FMCS Case #01/07379, 116 LA (BNA) 1672 (Duff, 2002). [2002 FP Sep]
     The mere fact that one employee obtained leave for a year does not establish that the employer has a general policy of unlimited leave, and it was error to conclude that the employer acted out of anti-union animus, in light of the absence of such a policy. Sasol v. NLRB, # 00-1525, 275 F.3d 1106, 2002 U.S. App. Lexis 201, 169 LRRM (BNA) 2152 (D.C. Cir. 2002), reversing 2000 N.L.R.B. Lexis 813, 332 N.L.R.B. No. 117 (2000), sub nom Condea Vista Co. [N/R]
     Arbitrator upholds a long custom of taking the fire truck to sporting events, even though the department manual prohibited the personal use of city equipment or leaving the station except on official business. Pawhuska (City of) and IAFF L-3887, FMCS Case #000927/16571-8, 115 LA (BNA) 714 (Moore, 2001). [2001 FP 86]
     City, for valid financial reasons, could not unilaterally change the benefits paid on its health plan, where the bargaining agreement prohibited a reduction of benefits. Arbitrator holds that past practices were not controlling. Norman (City of) and FOP L-122, FMCS #00/15703-8, 115 LA (BNA) 827 (McReynolds, 2001). [2001 FP 83]
     Arbitrator refuses to order year-end bonuses for police sergeants, although paid in the past, because the new contract omitted any reference to such bonuses. Mill Creek (City of) and M.C. Police Guild, 116 LA (BNA) 101 (Gaba, 2001). {N/R}
     A federal Administrative Law Judge has found that the Customs Service unilaterally changed a past practice of granting administrative leave to employees to attend participate in Florida Law Enforcement Games. Customs Mgmt. Ctr., Fla. and NTEU Ch-137, 2000 FLRA Lexis 157, 56 FLRA No. 136, 39 (1895) G.E.R.R. (BNA) 121 (2000). {N/R}
     Arbitrator holds that an employer violated 8(a)(5) of NLRA when it unilaterally ended a 14-year practice of giving employees Christmas bonuses. Continental Carbon and OCAW, 114 LA (BNA) 1263 (Chumley, 2000). {N/R}
     Arbitrator rescinds chief's order to remove union logo stickers from fire trucks. Dept. tolerated the logos for 25 years, and abruptly banned them two days prior to a national conference of fire union officials. IAFF L-1365 and City of Orlando, 82 (4) Intern. Fire Fghtr. 14. (Arbitr. 1999). {N/R}
     Arbitrator orders city to replace a take-home patrol car used by an officer. Although the contract was silent on vehicle use, there was a long-established policy of providing senior officers with take-home vehicles. Shawnee (City of) and IUPA L-3, FMCS Case #98/07640, 110 LA (BNA) 1213 (Moreland, 1998). [1999 FP 41-2]
     New York appellate court and the state's Public Employment Relations Board enforce a CBA clause that "All past practices may be continued at the Village's discretion." The village could end all fringe benefits that village had provided in past. PBA of Walden v. Kinsella, 693 N.Y.S.2d 323, 1999 N.Y.App.Div. Lexis 8463, 162 LRRM (BNA) 2125 (A.D.). {N/R}
     Michigan Supreme Court rules that a longstanding procedure, to determine whether an employee is "disabled," was an enforceable past practice. It superseded and "amended" contrary language contained in the city charter. Detroit Police Off. Assn. v. City of Detroit, 452 Mich. 339, 551 N.W.2d 349, 1996 Mich. Lexis 1660. [1997 FP 24-5]
     City could stop compensating employees on inactive military reserve duty even though it had done so for over 25 years; city had made those payments erroneously, and contract provided state law would prevail. Palo Alto (City of) and P.A. Prof. F/F L-1319, 107 LA (BNA) 494 (Riker, 1996). [1997 FP 25]
     Illinois appellate court upholds a labor board determination that the insertion of a "zipper clause" in the CBA is a mandatory subject of bargaining. Mt. Vernon Ed. Assn. v. Ill. Ed. Lab. Rltns. Bd., 1996 Ill.App. Lexis 183. [1996 FP 105-6]
     Arbitrator orders police dept. to reinstate take-home vehicle policy which was unilaterally restricted for economic reasons during the life of the bargaining agreement. Kansas City, KS and FOP L-4, 104 LA (BNA) 710 (Bailey, 1995). [1995 FP 138-9]
     Prior grievance settlement did not create a binding precedent that overruled the wording of the bargaining agreement. Texas City, Tex. and IAFF L-1259, AAA #A-70 0062-94, 104 LA (BNA) 534 (Allen, 1995). [1995 FP 139]
     Arbitrator holds that a written compensation policy is enforceable even if the employer has chosen previously not to enforce it. Miamisburg (City of) and I.A.F.F. L-3115, 104 LA (BNA) 228 (Fullmer, 1995). [1995 FP 106]
     City could agree in its police and fire labor agreements not to seek a referendum-based charter amendment modifying the salary formulas incorporated in the charter. Zipper clauses in barg. agmts. are lawful and do not deprive a city of its legislative options. Fresno v. Fresno Firefighters L-753, 1994 Cal.App. Lexis 724 & 834; decision ordered unpublished at 1994 Cal. Lexis 5659. {N/R}
     Evidence of a past practice “is wholly inadmissible where the contract language is plain and unambiguous.” Penberthy Injector Co., 15 LA (BNA) 563, 563 (Platt, 1950). {N/R}
     Appellate court requires employer to match Christmas bonuses paid in past years even though the labor contract did not specify a dollar amount. Bonnel/Tredegar Ind. v. N.L.R.B., 46 F.3d 339, 1995 U.S.App. Lexis 1829 (4th Cir.). [1995 FP 91]
     Michigan Supreme Court enforces a progressive discipline schedule to the benefit of a probationary employee who could be summarily terminated, because employer had a past practice of using progressive discipline to punish probationary employees. Amalgamated Transit Union v. SEMTA, 473 N.W.2d 249 (Mich. 1991). [1992 FP 138-9]
     City could unilaterally eliminate certain sports as optional exercises from the fire department's physical fitness program. City of Moore and Firefighters Assn., 94 LA 1, 7 (3 Labor Lawyer (ABA) 643 [Rptd. 1991].
     Arbitrator properly applied past practices to promotional procedure, where city had failed to implement an alternative. City of Carbondale v. Fraternal Order of Police, Lodge 63, 531 A.2d 76 (Pa. Cmwlth. 1987).
     City could not unilaterally end Monday to Friday workweek and stagger work periods over all seven days. Civil Serv. Employees Association and City of Troy, 499 N.Y.S.2d 256 (A.D. 1986).
     Zipper clause prevails; past practice of end-of-year bonuses may be ended without negotiations. Electrical Workers Local 1466 v. Nat. Labor Rltns. Bd., 122 LRRM (BNA) 2948, 795 F.2d 150 (D.C. Cir. 1986).
     City required to bargain over new parking fees charged to city employees; refunds and legal fees ordered. Los Angeles Police Protective League v. City of Los Angeles, 212 Cal.Rptr. 251 (App. 1985).
     Transfer of officer without regard to his seniority rights violated "long standing past practice'; grievance upheld. Duluth Police Union v. City of Duluth, 360 N.W.2d 367 (Minn. App. 1985).
     City violated its past practice of scheduling work on holidays. City of Madison v. AFSCME Local 60, 369 N.W 2d 759 (Wis. App. 1985).
     Denial of use of city vehicle for lunch hour is not a change of conditions of employment. IAFF Local 2266 v. City of St. Petersburg Beach, Fla. PERC #CA-83-029, PBC (CCH) ¶ 43,519 (1983).
     Unilateral requirement that employees obtain doctor's certificates for sick leave violated past practices clause. Chula Vista Police Officers" Assn. v. Cole, 165 Cal.Rptr. 598 (App. 1980).
     City's order to named firefighters, who were suspected of sick leave abuse, to take physical exams ruled an improper change of working conditions, and not justified by a past practice. City of Allen Park and Allen Park Fire Fighters Assn., Local 1410, AAA Case. #54-39- 0844-75 (Nov. 1975). [1976 (14) FP 8]