Court to get argument for some union labor in jail renovation

A 36-point argument will be submitted to District Court describing why a $27 million jail renovation should include an agreement requiring that some union labor be used.

The state Supreme Court ordered the county to draft findings that show why requiring contractors to enter such an agreement would benefit taxpayers. Justices also told the county to send the list to District Court for a ruling.

Two trade groups are challenging the county's effort to require union labor on the project, arguing that it's more costly to taxpayers.

Meanwhile, work is being delayed on the detention center's north tower, which is plagued by plumbing problems.

Law enforcement officials say they are worried that if the tower's systems fail, they will have to move about 1,700 inmates, many of them jailed for violent crimes, and perhaps release some of them early.

Capt. John Donahue said the delay in renovations has caused him "great concern."

"We'd really like to see this project get off the ground," Donahue said.

In the document, the county argues that the project labor agreements will prevent strikes, ensure local workers are used and give contractors access to cheaper labor such as union apprentices.

All of that is of great benefit to taxpayers, the county contends.

If the judge rules in the county's favor, the trade groups could appeal, said Leslie Nielsen, a deputy district attorney.

The Nevada Business Coalition and the Association of Builders and Contractors' state chapter are deciding whether they will challenge a court ruling that goes the county's way.

The county failed to show there's a lack of available workers, one of the high court's criteria for requiring the labor agreement, said Warren Hardy, a representative for the builders and contractors association.

"I don't think anyone in this economy would argue there's a shortage of labor," Hardy said.

Still, the trade groups understand how important it is to finish the jail renovation, Hardy said. So in the interest of public safety they might not prolong the court battle.

Many contractors criticize the labor agreements because at least half of the first 14 workers chosen for the job must come from the union hall, and all workers after that must be union.

Contractors also must pay into a union health care fund, even if they already provide benefits to their workers.

The high court agreed to hear the county's case after a district judge in June rejected the trade groups' request for an injunction on the jail remodeling.

Commissioner Susan Brager said the labor agreements should be done case by case rather than as a blanket policy. For this project, it seems crucial to avoid strikes, she said.

The legal wrangling should end as quickly as possible so the jail improvements can be done and inmates aren't released prematurely, she said.

"If people are in the jail, they need to serve their time," Brager said.

Contact reporter Scott Wyland at swyland@reviewjournal.com or 702-455-4519.