Thursday, September 22, 2005
Copyright © Las Vegas Review-Journal

Union representing school employees tries to halt vote

Group asks high court to halt Teamsters' attempt to represent nonteaching workers

CARSON CITY -- A lawyer for the union representing nonteaching workers at the Clark County School District asked the state Supreme Court on Wednesday to throw out an election to determine if Teamsters Local 14 should represent the workers.

Michael Dyer, attorney for the Educational Support Employees Association, said state law prevents a union from having a representation election unless it can prove it has verified membership cards from more than half the potential members. The association is part of the National Education Association umbrella of unions.

Dyer said the Local Government Employee-Management Relations Board, a state agency that resolves union disputes, ignored the law in 2002 when it scheduled an election to determine if school district workers should be represented by the association, Teamsters or no union at all. That decision was upheld by District Court.

The Educational Support Employees Association appealed to the Supreme Court, and no election has been conducted.

More than 10,000 support workers are employed by the school district.

Dyer contended that the Employee-Management Relations Board's decision means union representation elections could be conducted in cases where a union may not have one member.

"What is going to stop anyone from having an election?" he asked.

The Supreme Court is not expected to make a decision for several months. But Justice Mark Gibbons suggested conducting the election would be a good way to determine whether either union has the support of most workers.

"If you feel your client would win anyway, then what is the harm?" he asked. "The election is held and you win."

Dyer maintained that chaos would result if elections were conducted without evidence that potential replacement unions have support.

"What happens if neither gets 50 percent?" he asked.

Teamsters' lawyer Kristin Martin said Dyer was misreading the law by saying replacement unions must have membership cards signed by 50 percent of those in a bargaining unit. She said the 1969 law applies only in cases where there are no unions and a union wants to represent workers.

Martin said her union presented cards signed by about 4,500 potential members to the Employee-Management Relations Board. While the cards weren't membership cards, she said, they showed support for the union.

Deputy Attorney General Dianna Hegeduis said the Employee-Management Relations Board had "good faith doubt" about whether the Education Support Employees Association had the support of most workers.