Q:  What is "past practice"?

A:  The most clear definition of past practice was stated by Arbitrator Clair V. Duff in this way: 

"Past practice may be described as a pattern of conduct which has existed over an extended period of time and which has been known to the parties and has not been objected to."

Source:  Western Area Training Team (WATT); Mittenthal article, dated 1991.

Q:  May management utilize a casual when a part-time flexible employee has been non-scheduled?

A:  Article 7.1B 2. requires, "During the course of the service week, the employer will make every effort to ensure that qualified and available part-time flexible employees are utilized at the straight time rate prior to assigning such work to casuals."  The "every effort" provision requires that PTF's be given work at the straight rate prior to such work being given to casuals.  Exceptions to this priority are:

     1.  The PTF is scheduled for 40 hours in the service week.

     2.  The work involved is at the OT rate.

     3.  The work involves less time than the PTF's Article 8.8 work hour guarantee and no other craft work is available to provide the guaranteed time.

     4.  The work is of an immediate, unforeseen nature and the PTF is not available.

Source:  Articles 7 and 8 of the National Agreement, AC-C 13148 and 14767; H1C-4K-C 27344 and 27345.

Q:  In offices with less than 125 employees, is management obligated to maximize full-time employees?

A:  Yes.  Management is required to maximize full time employment in all offices.  This section does not differentiate between the size of offices.

Source:  Collective Bargaining Agreement Article 7, Memorandum of Understanding, July 21, 1987.

Q:  How are part time flexible employees charged Sick Leave?

A:  Part time flexible employees are charged Sick Leave up to their scheduled number of hours.

Source:  ELM 513.411b

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