Labor Relations Fundamentals for Community College Districts

 Review of the bargaining history. The discussions during negotiations are used to interpret what the parties meant when they agreed on a provision. Where there is unclear language, the intent of the parties and their discussions during negotiations is a guide to interpreting the written contract.  Additionally, this review should include discussions that did not result in a specific contract provision. These discussions are used as a guide when there are problems not directly covered by specific written provisions. These discussions might include points upon which the parties agreed, but did not include in the final contract.  A review of relevant board policies, procedures and regulations, and an understanding of the relationship between them and the provisions of the CBA.  A review of past practices. The contract may have changed the established way of doing things. If negotiations did not deal with these issues, these past practices may take on the force of a formal rule.  Encourage discussion of how terms of the contract are currently being implemented and how management intends to implement the contract terms.  Review of previous decisions involving the interpretation of contract language. There may have been grievances in the past and, in solving them, management and the union came to an agreement over what a particular provision meant or how it was to be applied. A neutral third party may have been called in to interpret a contract provision. These past interpretations serve as a guide for interpreting and applying the contract.

The supervisor must approach this training with the understanding that he/she will need to refer back to the CBA and the information provided regarding its interpretation when performing many of his/her duties. Supervisors should understand some general rules of contract interpretation.

The following rules should assist you:

 Contract provisions will typically “supersede” rules or regulations that are inconsistent with the terms of the labor agreement.  In the labor agreement, common words will be used in their most common meaning.  Technical words in an agreement are also used in their most common meaning.  The agreement must be read fully; each separate part is interpreted in light of its relationship to the more general purposes and provisions.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 28