Labor Relations Fundamentals for Community College Districts

 Is there any laxity or lack of even-handedness in the application of discipline or assignments?  Are there any procedures which I now need to curtail or eliminate before they become a binding and undesirable past practice?

c. Duration and Termination of a Practice Once the parties become bound by past practice, they may wonder how long it will be binding and how it can be terminated. An established practice often cannot be unilaterally changed during the life of the agreement. If a practice is not discussed during negotiations, it can be inferred that the agreement was executed on the assumption that the practice would remain in effect. The possible negotiation obligation aside, in order to modify an established practice, the supervisor must (a) put employees on clear notice of the change, and (b) must give them a reasonable opportunity to adjust to the change. If the practice concerns a matter that is within the scope of bargaining, there may be a duty to bargain the proposed change in practice before it is implemented. Under some circumstances a past practice subject to the duty to bargain, cannot be changed at all (e.g., if a zipper clause exists permitting either party the right to refuse a request to negotiate a change during the term of the agreement). A supervisor should be able to show by documentation (e.g., written memo, e-mail) that employees were notified of the intention to change or modify a practice. Ideally, the written communication from the supervisor should point out the reason(s) behind the change or modification of the practice. In order to provide sufficient notice of the impending change, the supervisor should not make the effective date of such modification or change immediate. Having publicized his/her intent to change a practice, the supervisor must allow a sufficient amount of time for all employees to become duly informed, and to make the adjustment to what may constitute “new” rules. This period should also provide an opportunity for dialogue with employees regarding the change. There is, of course, no hard and fast rule as to what length of time is required for a reasonable interval between announcement and implementation. Finally, the supervisor should remove or rescind all previous written directives regarding the practice.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 56