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Simple English definitions for legal terms

essence test

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A quick definition of essence test:

Essence test is a rule in labor law that says an arbitrator's understanding of a collective-bargaining agreement must be respected if it makes sense based on the agreement's words, its context, and what the parties meant.

A more thorough explanation:

The essence test is a legal principle used in labor law. It is a test that determines whether an arbitrator's interpretation of a collective-bargaining agreement is valid or not. The test requires that the arbitrator's interpretation must be upheld if it is derived in any rational way from the agreement, viewed in light of the agreement's language, its context, and any other evidence of the parties' intention.

For example, if a collective-bargaining agreement between a union and an employer states that employees are entitled to a certain amount of vacation time each year, an arbitrator's interpretation of that agreement must be based on the language of the agreement, the context in which it was written, and any other evidence of the parties' intention. If the arbitrator's interpretation is rational and based on these factors, it must be upheld.

Another example could be a dispute over the interpretation of a clause in a collective-bargaining agreement that deals with overtime pay. If the arbitrator's interpretation of the clause is based on the language of the agreement, the context in which it was written, and any other evidence of the parties' intention, and is rational, it must be upheld.

These examples illustrate how the essence test is used to determine the validity of an arbitrator's interpretation of a collective-bargaining agreement. The test ensures that the interpretation is based on the agreement itself and the parties' intentions, rather than on personal biases or opinions.

essence, of the | essendi quietum de tolonio

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TheMidwestMonger
14:29
Sorry, I meant the far right and their reaction lol
I live in alabama if she wins it's gonna be crazy here
14:30
same as last time whine that it was rigged go to court lose every time
good thing im bouncing next year
oh yeah
JumpySubsequentDolphin
14:31
why won’t ASU send my scholly info ☹️
WorthlessAttractiveZombie
14:31
they sent mine about 3 hours after i got the initial acceptance video thing
I just wanna hear back from them
14:31
the adcomm office got there at 10 am took a two hour lunch at 12 and left at 3:30 -- trust me im from the year 2076
lol
WorthlessAttractiveZombie
14:32
lavender, they should usually get back within a month of going complete
okie doke, thank u!
JumpySubsequentDolphin
14:35
@WorthlessAttractiveZombie: good to know! I thought I missed SMTH bc someone told me they got their admissions packet before the video lol
BulbasaurNoLikeCardio
14:35
I got school that have me under review for over a month... just hope it puts me in their first wave of As
TackyProudYogurt
14:39
Anyone know if asu releases decisions all at once or if they trickle out throughout the day?
WorthlessAttractiveZombie
14:39
I'm pretty sure it's a trickle because they send you a personalized video too
TackyProudYogurt
14:40
Ah okay so I do need to continue refreshing my email every 10 seconds
WorthlessAttractiveZombie
14:40
I would say potentially. I received my email/video around noon eastern time, and I've seen people get it past 5pm eastern
coolgirl
14:40
Does anyone know if pending decision means I’ll get a response soon? My status changed
WorthlessAttractiveZombie
14:41
oooh which school?
TheMidwestMonger
14:42
^^
BulbasaurNoLikeCardio
14:42
@coolgirl: does it say that on the lawhub portal? My one A this cycle it said pending decision on their applicant portal and that they will email me in 24hrs the results.
coolgirl
14:43
FAMU
coolgirl
14:44
I got pending decision a week ago on my portal but haven’t seen any updates since
JumpySubsequentDolphin
14:45
@WorthlessAttractiveZombie: yours was personalized?! mine wasn’t 🙁
BulbasaurNoLikeCardio
14:45
That would kill my soul, see other people in that schools specific chat saying the same thing. Maybe they give a decision by mail?
WorthlessAttractiveZombie
14:50
@JumpySubsequentDolphin: I mean the dean just said my name and that was it but it’s still technically personalized
JumpySubsequentDolphin
14:51
she didn’t say my name 😀
JumpySubsequentDolphin
14:51
she was like congrats see you soon
WorthlessAttractiveZombie
14:52
I also did apply super early and got my decision early so maybe they just had more time in september
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