Employment and Labor Law
Attorneys at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) assist clients with employment litigation, labor and employment law compliance, labor negotiations, grievance arbitration Unfair Labor Practice Charges Before MERC and EEOC and MDCR Charges.
Employment Litigation Experience
Few areas of the law have changed as dramatically as labor and employment Law. Both public and private employers have come to rely on our Firm to vigorously defend them in all facets of employment litigation in state and federal courts and administrative agencies such as the Equal Employment Opportunity Commission, Michigan Department of Civil Rights and Michigan Employment Security Commission. CMDA postures cases for early dismissal avoiding costly discovery.
Labor and Employment Law Compliance
As labor and employment laws and regulations are continually changing, we focus on the prevention of workplace issues in an effort to minimize our clients’ risk for litigation. Our attorneys work with clients to formulate preventative strategies in order to avoid risks that often divert management’s attention.
CMDA attorneys handle negotiations on behalf of several community colleges and municipalities. Our goal is to facilitate a cooperative partnership between our clients and their various unions for optimum results using an interest-based bargaining approach. We identify the underlying concerns of the parties through joint problem solving. Our skilled negotiators offer innovative “out of the box” approaches to matters such as health insurance, pensions and buy-outs, which have recently been of prominent concern to our clients. These skills traverse both the public and private sector to offer a broad range of solutions and options while developing negotiation strategies with management. We take a tough-line approach when necessary and assist clients to successfully implement last best offers after bargaining to impasse.
We regularly and vigorously defend municipalities in individual and group grievance arbitrations. We represent clients with issues including discharge, discipline, drug and alcohol testing, attendance, alleged contract violations and contract interpretation issues. Frequently, we deal with group grievances involving the interpretation of contract clauses affecting large groups of employees under a specified bargaining unit.
Unfair Labor Practice Charges Before MERC
Our representation of clients before the Michigan Employment Relations Commission (MERC) includes unfair labor practice charges against municipalities, community colleges and mental health authorities.
Our specialized knowledge and skill, which makes us successful at MERC, mirrors our winning experience at the National Labor Relations Board on the private sector side. Examples include representation of auto suppliers, grocery chains and distributors and manufacturers in defeating charges alleging discharges for union activities, alleged refusals to bargain after implementation of last best offer, violations of employees’ rights to engage in protected concerted activities in union campaigns and identification of appropriate bargaining units.
EEOC and MDCR Charges
Our Firm’s successful representation of governmental entities in Federal and State civil rights charges before the Equal Employment and Opportunity Commission (EEOC) and the Michigan Department of Civil Rights (MDCR) gives our Firm the ability to respond rapidly to the particular needs of employers. Issues we handle include sex, race, age, religious, ethnic, and disability discrimination/harassment under Federal Statutes: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act and the Family and Medical Leave Act. We represent clients also at the state level on Elliott-Larsen Civil Rights claims and Persons with Disabilities Act claims.
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