ARTICLE 19 PAST PRACTICE

Providence School District

19-1 With respect to any past practice asserted to have been in existence prior to the effective date of this Agreement, the parties agree that the party asserting the past practice must, in order to establish same, satisfy the following conditions:

Either party claiming the existence of a past practice will be required to prove by clear and convincing evidence that the practice:

(1) Is unequivocal;
(2) Has been clearly enunciated and acted upon;
(3) Is readily ascertainable;
(4) Has been in existence for a substantial period of time; and
(5) Has been accepted by representatives of the parties who possess the actual authority to accept the practice.

Past practices shall not contradict the express terms of this Agreement.