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Attempts to Stall Arbitration in Nevada Case Unsuccessful

Monday, April, 16, 2012

In Clark County, Nevada, a teacher's union complained that there was some bad-faith bargaining afoot in a case that will impact forthcoming employee layoffs. However, this will not stall arbitration in this case, a state government board ruled.

Issues of Bad Faith in This Employment Arbitration


The Clark County Education Association filed a petition stating that in light of the state board having not ruled yet on the bad-faith bargaining claims, arbitration would need to wait in order to make a decision on teacher pay freezes. This issue currently has both district negotiators and union officials alike deadlocked.


A spokesperson from the Nevada Local Government Employees-Management Board did confirm this decision that rejected the union's bid for the delay. In the union's complaint, they cited a law that says that the arbitrator “shall consider whether the Board found that either party had bargained in bad faith,” and this complaint against the district is based on ongoing negotiations. The issue at hand is a pay increase to the state employee retirement plan that impacts teachers directly. This also addresses attempts to replace the union health trust with a more traditional insurance.


Though the trust issue has been dropped, state law requires that teachers are paid at least half of the 2.25 percent increase in retirement plans. The union argued in their employment arbitration filing that there should be a salary increase to cover that.

The District's Response in the Contract Arbitration


The School District said of the delay, "CCEA is attempting to manufacture a conflict, or hole, in the statutes where none exists," the district wrote in its response to the union petition. The district response also noted that the arbitration attorney has a set number of days to announce a ruling.


If an arbitration has to wait indefinitely for a ruling on bad-faith bargaining, "nothing would stop a party that wanted to derail the impasse process at any time from simply filing a complaint."