July 16, 2009

Dear All:

On July 23rd and 24th, we will wrap up our first outreach series in Spokane and Pasco, respectively. It has been a great experience for the staff and me to meet and visit with various clientele representatives in Vancouver, Tacoma, and Bellingham. We have learned a lot from you and from the experience of sharing information with you.

Several questions were asked repeatedly and I thought that it might be helpful to provide the questions and answers in this forum. One question arose concerning how cases are assigned at PERC. I’m glad this question was asked because case assignment is done very carefully.

Here are the steps:

• During the docketing phase when a case is first received in the Olympia office, a five-year history is printed for the case file. The five-year history shows prior cases involving the particular employer, the bargaining unit, the union that was involved, and the staff member who handled those cases.
• Our Field Services Managers take all this into consideration when they assign cases, exercising care to not assign a case to a staff member who was involved in a recent prior case with the same parties. For example, an examiner would not be assigned to hear an unfair labor practice case if he/she mediated the negotiations for the current collective bargaining agreement.
• In addition to reviewing the five-year history, a check is made regarding other conflicts, and staff may and do recuse themselves if there is a valid reason that they believe they should not handle a particular case.
• Additionally, an internal firewall exists that precludes, for example, a staff member who is handling a contract or settlement mediation to discuss the mediation with another staff person who is serving as the examiner in an unfair labor practice case with the same parties.

PERC staff and management jealously guard our neutrality and staff meetings are often interrupted while an examiner leaves the meeting where a related case is being discussed. This practice is deeply entrenched in PERC culture and is honored by all.

In response to a question about the qualifications of PERC staff, I was proud to say that we are neutrals dedicated to helping parties resolve labor-management disputes under all our state labor laws. Our mediators/adjudicators possess law or advanced degrees in labor relations. Unlike other mediation services, our staff is not affiliated with union or management. As neutrals, we have no personal interest in the outcome of a case. Our renewed emphasis on staff training, both in-house with the best experts in the field, and at such places as the National Judicial College, serve to sharpen, amend, and refresh the skills of the staff.

Another common question: Can the parties jointly request a particular mediator? Yes, a particular mediator may be requested, however it is generally better to name more than one mediator as schedules and case loads may interfere with our ability to assign the mediator of your choice to your case. You may also call and talk to a Field Services Manager (Walter Stuteville, Martha Nicoloff, or Mark Downing), about the type of mediator you might wish to have. Our mediators have different styles and we realize that one style may work for one situation, but not for another. Feel free to call and have a conversation about your needs. As always, we are open to suggestions and input about our services.

I would like to extend thanks to Ken Latsch, our Special Projects Manager, for coordinating our outreach program. From Vancouver to Pasco, he has provided leadership in getting things set up, polishing the program, getting everybody registered, and shepherding us from place to place. Last, but not least, thanks to Robin Romeo, Terry Wilson, and Claire Nickleberry for participating in the outreach program. They have done a terrific job and it was a genuine pleasure to work with them on this project.

Have a pleasant summer!

Cathy
Cathy.Callahan@perc.wa.gov