Originally Posted by
Herkflyr
There's past practice as you and I think of it, and then there's legal "past practice." I don't know what some arbitrator or neutral panel will conclude. I'm not sure if I want to stake all of our position on a "hope."
I mean, the PWA says what it says, whether we like it or not. We certainly claim the sanctity of PWA language when it benefits us. Two can play that game. I think the company can easily play the "past practice" game and compare rates of Auto Accept usage now vs two years ago. You get the idea.
A past practice is just that. No need to over think it. That's a legal interpretation as well. Same simple words.