County, union vet arbitrators

Clark County officials and the firefighters' union have begun vetting seven prospective arbitrators, aiming to pick one to resolve deadlocked labor talks.

Both sides have received the names from the American Arbitration Association, a nationally accredited agency that provides services for resolving disputes out of court.

All the candidates are based in California, and most are attorneys. They have extensive experience adjudicating in the private and public sectors and charge $1,200 to $3,600 a day for their services.

The county and union will split the costs.

The International Association of Firefighters Local 1908 declared an impasse in contract negotiations on Aug. 4 after the county rejected what the union chief described as almost $10 million in concessions. The two sides had been bargaining since March.

County leaders argue that the union exaggerated the savings. Although they haven't publicized their own offer, they contend it would better help the county in dire economic times.

Both sides now will take turns striking names from the arbitrators' list until they are left with one who will oversee a yet-to-be-scheduled hearing.

The arbitrator will pick one offer and reject the other. There is no compromising or splitting the difference, and the decision is binding.

"The facts are on our side and, given the condition of the economy, I think the county will be successful if the arbiter is fair," Commissioner Rory Reid said.

Ryan Beaman, head of the local firefighters union, said his wish is simple.

"All we look for is somebody to be fair," he said in an e-mail.

County officials said an arbitrator could be selected by the end of the week.

An arbitrator is supposed to set up a hearing no later than 10 days after being chosen. However, state law allows some flexibility if the arbitrator is busy with other hearings.

The hearing must be held in the county where the dispute is taking place. It is designed to give opposing sides a chance to impart information to the arbitrator through documents, written statements, testimony and cross-examination of witnesses.

"A good arbitrator is always looking for an opportunity to suggest a potential resolution," said state Sen. David Parks, who was involved in arbitrations in the 1970s and '80s while budget director for the city of Las Vegas. "They don't want to just drag it out."

State law allows the two sides to negotiate a settlement for 30 days before turning in their best offers. These offers become public after they're submitted.

The arbitrator then has 10 days to make a decision.

In the past, labor had a definite edge in arbitration, especially in regions such as Southern Nevada where public employee unions are strong, said Christopher Stream, a professor who teaches local government and public policy at University of Nevada, Las Vegas.

But now local governments are struggling with strained budgets throughout Nevada and the state is expected to raid local coffers next year to offset a projected $3 billion shortfall, Stream said. That gives the county a better argument for demanding the union take less, he said.

"Union power isn't as strong now as it was six or seven years ago," Stream said. "Management's power -- the scale probably tipped in their favor."

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