Negotiations
Members of Liebert Cassidy Whitmore
have successfully negotiated thousands of labor agreements for
cities, counties, special districts, the courts, and school and
college districts. The negotiations have covered all classes of
employees, including a variety of white and blue collar,
professional, supervisory and management, and public safety
employee bargaining units. Depending on the philosophy and
circumstances of an agency, these agreements have run the gamut of
relatively brief memorandums of understanding covering primarily
benefit items to comprehensive labor agreements that define
substantially all negotiable terms of employment, and, through
management rights, waiver and "zipper" type clauses, provide
protection to management's ability to effectively manage the
agency. Members of the Firm are experienced in
collaborative/interest based bargaining techniques in addition to
the more traditional labor negotiations approach.
In addition to conducting negotiations
for public employers, we continually work with agencies that
employ staff personnel to do their own negotiations. This
arrangement involves all aspects of consultation and related
services, including drafting and reviewing bargaining proposals,
counter proposals and agreement provisions, providing training and
advice concerning negotiating strategies, and giving advice or
stepping into the process when particular problems arise.
Negotiating Impasses
Services provided by the members of the Firm have included direct
participation, as well as consultation, in hundreds of
mediations. Our attorneys have represented many agencies in
fact findings, and have both represented and served as the panel
member in a number of interest arbitrations.
Strike Actions
We have worked with many public sector employers in contingency
planning for job actions and assisting them in strike-related
activities. A Firm partner co-authored the "Management Strike
Handbook," published by the International Personnel Management
Association.
Contract Administration and Grievance Handling
The Firm has extensive experience in the area of grievance
administration, ranging from the giving of advice at the
administrative levels of the grievance process through litigating
arbitration cases.
Public Employment Relations Board
Representation
Members of the firm have had many years of experience representing
our clients in all phases of PERB proceedings, from consultation
and responses to Unfair Labor Practice claims through PERB
hearings and court appeals. A Firm partner served as counsel
to the PERB Board's first Chairperson as well as serving as a PERB
Administrative Law Judge. Another Firm partner represented the League of California Cities and the
California Association of Counties in the legislative and
administrative proceedings in connection with the PERB assuming
jurisdiction over local agency employment relations.
Employee Relations and Personnel
Policies
LCW has developed a comprehensive sample Employer-Employee
Relations Resolution/Ordinance that is widely utilized by
California's local agencies. It serves to protect local control
over key aspects of employment relations which otherwise would be
left to the PERB. We advise or represent agencies in consulting
with unions in implementing or revising changes in its Resolution
or Ordinance.
The Firm develops, reviews, revises,
and, to the extent required, assists in the negotiation of
personnel policies and procedures that are in compliance with
changing legal requirements and that facilitate effective
personnel administration.
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