Grievances and Contract Disputes
With some of our clients, CDA is chiefly responsible for responding (or advising those who are chiefly responsible) to grievances filed against the employer. CDA involvement, therefore, has been extensive and includes advising supervisors on how to handle difficult situations and people, conducting internal investigations, acting as an in-house arbitrator and helping to prepare cases for arbitration that could not be resolved within the preceding steps in the grievance procedure. CDA finds that very few grievances that become part of our caseload go to arbitration. Most of the time our team can negotiate the grievances to resolution with the Unions and the employees. Sample issues are jurisdiction over work, skimming, medical insurance, layoffs, hours of work, overtime, and promotion of junior over senior employees based on abilities and qualifications.
CDA uses a blend of collaborative and traditional approaches to negotiations. CDA is daily engaged in developing and following guiding principles established by employers, making labor negotiations plans and pursuing a determined course of action.
PERC
CDA represents public employers in a variety of Public Employment Relations Commission (PERC) proceedings: mediation, questions concerning representation, unit clarifications, election procedures, unfair labor practice proceedings.
Interest Arbitration
CDA has been involved in approximately 80 interest arbitrations, involving public safety personnel (i.e., law enforcement officers, firefighters and corrections officers), under Washington State Collective Bargaining Act Ch. 41.56 RCW.
FLSA
CDA is well versed in the application of Federal Labor Standards Act (FLSA) laws, rules and procedures outside and within the context of labor contract negotiations. However, CDA team members are not employment lawyers and defer to special counsel on FLSA issues and updates from time to time.
Style and Strategy
We work hard to develop trust and long-term relationships with our clients and in getting along with unions representing employee groups. We are fair and firm. We cannot always make everyone happy, particularly unions that have interests that conflict with management rights. However, most of our client relationships are ongoing and we have positive relationships with union representatives. In developing issues for the bargaining process, we rely heavily on internal departmental staff, the direction of policy makers and our own experience. This must also be a collaborative exchange if the outcomes of negotiations are going to reflect the needs of the organization. Focusing on issues, providing facts and justifications as to why a particular proposal is needed and working from a basis of trust and concern tends to encourage win-win resolutions.
Legal Aspects
While working with labor and employment attorneys, we are constantly exposed to a wide variety of legal issues, precedents and solutions in the context of negotiations and human resource management. We often work away from the bargaining table with the employer’s legal counsel of choice.