What are some strategies to avoid disputes over representation rights created by contract and past practices?
Any contract rights to representation should be as clear as possible, with a joint bargaining history and examples to guide the employees, union officials, and managers. Similarly, contract language implementing a statutory right or which place some sort of limitation on existing statutory rights should be equally clear. The parties should understand that they are creating contractual rights and obligations and that, absent a repudiation, any unresolved dispute is a grievance and not an unfair labor practice.
