Mittenthal Past Practice and the Administration of Collective Bargaining Agreements

Collective bargaining agreements (CBAs) are the cornerstone of labor relations in the United States. These agreements are legally binding and establish the terms of employment for unionized workers. CBAs cover a range of issues, including wages, benefits, and working conditions. One important aspect of CBAs is the concept of past practice, which refers to the unwritten customs and practices that have been established over time in the workplace. The Mittenthal Past Practice is an important legal precedent that has developed around the administration of CBAs.

The Mittenthal Past Practice refers to a legal precedent that was established in a labor dispute involving the Mittenthal Brothers company in the early 20th century. In this case, the company had a long-standing practice of paying its workers a bonus at the end of the year. The union representing the workers argued that this bonus was part of the workers` wages and should be included in the CBA. The company disagreed, arguing that the bonus was discretionary and not part of the workers` regular wages.

The case went to arbitration, where the arbitrator ruled in favor of the union. The arbitrator found that the bonus had become a customary practice and was therefore a part of the workers` regular wages. This ruling established the precedent that past practice can be used to interpret the terms of a CBA. Essentially, if a customary practice has been established in the workplace and has been consistently applied, it may be considered part of the workers` terms of employment.

The Mittenthal Past Practice has important implications for the administration of CBAs. Employers must be mindful of the customs and practices that develop in the workplace and ensure that they are in compliance with the terms of the CBA. If a customary practice has developed that is inconsistent with the terms of the CBA, employers may be required to negotiate a change in the CBA to address the practice.

Additionally, the Mittenthal Past Practice underscores the importance of clear and unambiguous language in CBAs. The case arose because the bonus was not explicitly addressed in the CBA. Employers and unions should work together to ensure that all terms of employment are clearly defined in the CBA to avoid disputes over past practices.

In conclusion, the Mittenthal Past Practice is an important legal precedent that has established the role of past practice in the interpretation and administration of CBAs. Employers must be mindful of the customs and practices that develop in the workplace, and ensure that they are in compliance with the terms of the CBA. Clear and unambiguous language in the CBA is essential to avoid disputes over past practices. By following these principles, employers and unions can work together to build productive and sustainable labor relations.