SEIU says Clark County overreaching on new labor rules

Leaders of the Service Employees International Union Local 1107 urged Clark County commissioners Tuesday to reconsider county actions tied to a new state law.

The county recently ordered SEIU Local 1107 President Martin Bassick to return from paid union leave to his county job, saying the new law doesn’t allow the leave to continue.

The county also notified the union last week that wage and benefit increases will stop for SEIU-affiliated employees, effective June 1, until a new contract can be enacted.

“It’s unclear why Clark County management is overreaching and going rogue on this issue,” Bassick told commissioners Tuesday.

The new law states that wage and benefit increases cannot continue after a contract has expired and there’s no new deal between a union and local government. Senate Bill 241 passed the Legislature this session, after union officials, lawmakers and others worked on the legislation.

The union, which represents about 4,900 county employees, says the law isn’t retroactive to the SEIU and the contract has a clause that says it continues year-to-year after the 2013 expiration date. But county attorneys say the new law applies because the contract expired in 2013 and a separate interim agreement since then was crafted to give a 2 percent raise to employees.

Commissioners discussed the issue with union leaders and county management but took no action Tuesday.

“I do think we overreached in our decision,” Commissioner Chris Giunchigliani said, noting that the county’s moves came amid contract talks. “Just because you can doesn’t mean you should.”

Commission Chairman Steve Sisolak noted the county is following the legal advice from its counsel, Mary-Anne Miller. He expressed concern for employees who would miss the raises that fall on their work anniversary if the matter goes forward to an arbitrator.

Commissioner Tom Collins noted that commissioners will get longevity and base pay increases, reading off salary figures of his colleagues.

“We’re here over the actions of Clark County regarding SB241,” Collins said. “This isn’t about negotiations.”

The county and SEIU started negotiations in 2013. An impasse was declared in 2014, and the two sides agreed to go to binding arbitration, which is planned for July 1, for a contract. Commissioner Larry Brown encouraged both bargaining teams to continue meeting before then.

The county on Friday gave the SEIU a contract proposal with a 2.5 percent cost-of-living increase retroactive to July 1, 2014, followed by a 2 percent increase on July 1, with the ability to negotiation wages in 2016. Each employee would also get a $500 one-time bonus.

That offer also would reinstate paid union leave and the wage and benefit increases that stopped effective June 1.

The county also proposed eliminating longevity pay for future hires, which gives employees extra pay after they have eight years of service. The county proposal wouldn’t affect current employees, and those with less than eight years would still be eligible for the benefit.

County management says giving up longevity pay for future workers would meet SB241’s requirement that employees can only get paid union leave if the union reimburses the government or makes financial concessions.

The SEIU on Monday gave a counteroffer with a 2.5 percent cost-of-living increase for each of three years: 2014, 2015, and 2016.

The other sticking point: The SEIU doesn’t want to eliminate longevity pay for future employees, but did offer to change the system so future employees aren’t eligible until after completing 10 years of service, up from eight years.

The county has rejected that offer, saying it doesn’t meet the new law’s requirement to make a commensurate concession in exchange for paid union leave.

Bassick said the issues tied to negotiations — such as longevity pay — are separate from the SEIU’s disagreement with the the county over its implementation of SB241. He said he was glad to see commissioners offer feedback, but noted the discussion often strayed away from SB241 into negotiations.

“The ball’s in their court,” Bassick said.

Contact Ben Botkin at bbotkin@reviewjournal.com or 702-387-2904. Find him on Twitter: @BenBotkin1.