Last Chance Agreement | Practical Law

Last Chance Agreement | Practical Law

A last chance agreement (LCA) to be signed by an employer, union, and union-represented employee who has engaged in misconduct worthy of discharge to conditionally reinstate that employee and provide him a chance to improve his performance. In an LCA, the employer agrees to withdraw pending or previously issued discipline in return for the employee's promise to refrain from further infractions and to waive certain procedural rules concerning the grievance and arbitration process if the employee commits another infraction resulting in discharge. This Standard Document is drafted primarily for unionized private sector employers under the National Labor Relations Act (NLRA), but it may be useful to unionized employers covered by the Railway Labor Act (RLA) and in the public sector. This Standard Document has integrated notes with important explanations and drafting tips.

Last Chance Agreement

Practical Law Standard Document 4-616-8005 (Approx. 16 pages)

Last Chance Agreement

by Practical Law Labor & Employment
MaintainedUSA (National/Federal)
A last chance agreement (LCA) to be signed by an employer, union, and union-represented employee who has engaged in misconduct worthy of discharge to conditionally reinstate that employee and provide him a chance to improve his performance. In an LCA, the employer agrees to withdraw pending or previously issued discipline in return for the employee's promise to refrain from further infractions and to waive certain procedural rules concerning the grievance and arbitration process if the employee commits another infraction resulting in discharge. This Standard Document is drafted primarily for unionized private sector employers under the National Labor Relations Act (NLRA), but it may be useful to unionized employers covered by the Railway Labor Act (RLA) and in the public sector. This Standard Document has integrated notes with important explanations and drafting tips.