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Course Description

This course is designed to instruct labor relations practitioners on how contract language and past practice may be interpreted by an arbitrator. You will review a methodology for analyzing contract language disputes and identifying key contract clauses in collective bargaining agreements. You will work on a case-study practice session in contract drafting and interpretation.

Whether administering contract language or proposing language at the bargaining table, this course is designed to provide you 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. Throughout the course, you will develop a methodology for analyzing contract language disputes, understand the standards used by arbitrators in contract interpretation cases, and become familiar with key contract clauses in collective bargaining agreements. By the end of this course, you will be able to interpret and write contract language.

This course meets at the following dates and times:

  • Tue, March 23, 2021, 10:00 am - 1:00 pm ET
  • Thu, March 25, 2021, 10:00 am - 1:00 pm ET

Faculty Author

Ellen Gallin Procida; Dan McCray

Benefits to the Learner

  • 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
  • The role of 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

Target Audience

  • HR and labor relations professionals
  • Managers and executives working in a union environment
  • Attorneys involved in collective bargaining
  • Union officials involved in collective bargaining
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ILR School; ILR School
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