Common use of Past Practice Clause in Contracts

Past Practice. Existing practices sanctioned by use and acceptance, which amount to terms and conditions of employment even though not specifically included in this CMLA. In order to constitute a binding past practice, it must be established that (1) the practice must involve a condition of employment; and (2) the practice must be consistently exercised for an extended period of time and followed by both parties, or followed by one party and not challenged by the other over a substantially long duration. It should be noted that if a matter is not a condition of employment, it does not become a condition of employment either through practice or agreement.

Past Practice. Existing practices sanctioned by use and acceptance, which amount to terms and conditions of employment even though not specifically included in this CMLAMLA. In order to constitute a binding past practice, it must be established that (1) the practice must involve a condition of employment; and (2) the practice must be consistently exercised for an extended period of time and followed by both parties, or followed by one party and not challenged by the other over a substantially long duration. It should be noted that if a matter matters is not a condition of employment, it does not become a condition of employment either through practice or agreement.