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LSDefine

Simple English definitions for legal terms

essence test

Read a random definition: Posse Comitatus Act

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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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