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LSDefine

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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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