Carrell & Heavrin (2013, p. 438) states that “past practice is recognition of the bargaining history of the two parties involved in a dispute to determine their respective rights in arbitration.” Based on this information, I think that it would be applicable in this situation.
However, in my opinion, the employees were not damaged. The reason is because the employees were still able to use compensatory time as sick time. The only difference is that the employees sick time had to be completely used prior to applying the compensatory time; which would have to be approved by a supervisor. The employee would also have to have available compensatory time in order to apply it as sick time.
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The company paid employees the same wage whether the time was credited against accrued sick leave, compensatory time, or vacation. Why would the employer care which leave was used?
Even though employees were paid the same wages for sick leave, compensatory time, and vacation time, they all different, serve a different purpose, and probably paid from a different account. For example, if an employee has 10 days’ sick time, it can’t be used if the employee wants to go on vacation. It is also important to note that compensatory time can be used in lieu of cash payment or time off (Carrell & Heavrin, 2013, p. 318). For these reasons, it is important that the company keep track of the type of leave used by