Friday, April 3, 1998 | 3:50 a.m.
CARSON CITY - A second lawsuit against a Republican ballot proposal to restrict use of unions dues in political campaigns has been filed by the Nevada State Education Association.
The lawsuit follows a similar action last month by Nevadans for Fairness, whose trustees include Gov. Bob Miller, Nevada labor leaders Dan Rusnak and Walt Elliott, Rabbi Mel Hecht, Paul Brown of the Progressive Leadership Alliance of Nevada, Rev. Caesar Caviglia and mining consultant Lee Smith.
Both lawsuits, filed in Clark County District Court, target the GOP's "paycheck protection" initiative.
Debbie Cahill of NSEA said her organization filed a separate action because unions representing teachers or other state or local government employees aren't covered by federal labor laws.
The AFL-CIO affiliates and other private-sector unions that joined in the Nevadans for Fairness lawsuit are covered, and that action contends the GOP proposal would conflict with the federal labor laws.
But she added Friday that a request to consolidate the lawsuits could be filed if attorneys for NSEA and Nevadans for Fairness think it's a good strategy.
A hearing on the Nevadans for Fairness case is set for April 13 before District Judge Jack Lehman in Las Vegas. The NSEA case is before District Judge Kathy Hardcastle, and no hearing date has been set yet.
If the labor groups succeed, Secretary of State Dean Heller would be directed to reject the GOP plan as unconstitutional on the grounds that it would nullify existing contracts between employees, employers and unions dealing with unions dues.
In addition to the lawsuits, Nevada labor leaders have begun their own initiative petition drive to qualify a measure that would give them clear-cut authority to decide how to spend union dues and also would provide for full disclosure of campaign contributions in Nevada.
Under the GOP proposal, workers would have to authorize deductions for political purposes each year. But labor lawyers say employers could refuse to honor requests for the deductions even if a worker requested they be made.
In addition, they contend that under Nevada's "right to work" law, union membership is voluntary, and there's no obligation to pay dues and no fear of losing a job for a worker who decides to resign from union membership.
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