State settles with prison guards’ union

Wednesday, Nov. 19, 2003 | 8:32 a.m.

CARSON CITY -- A union of prison guards and the state Department of Corrections have reached an out-of-court settlement in a lawsuit in which correctional officers alleged they were treated unfairly and the department sought to block efforts to recruit more union members.

Jackie Crawford, director of the corrections department, and Scott MacKenzie, executive director of the State of Nevada Employees Association, said Tuesday the agreement was on the "cutting edge" in allowing correctional officers to have a voice in non-economic issues in the operation of the prison.

The association and two of its members, Samuel Covelli and Joseph Vanacore, filed suit in December 2002 in federal district court in Las Vegas, complaining that prison officials violated their right of free speech and their right to belong to a union.

The out-of-court settlement calls for union representatives at each of the prisons in the state to have monthly meetings with the wardens to talk about working conditions, shift assignments and other issues.

The agreement calls for Covelli to be on paid administrative leave until September 2004, when he becomes eligible for retirement. He will be able to submit a request for secondary employment during this time. Vanacore will leave the prison and join the staff of the employees association.

Correctional Officer William "Mark" Clarke will be returned to his position at High Desert State Prison and to his shift and days off prior to his transfer.

The agreement said that an investigation opened by the Equal Employment Opportunity Commission into nine officers on charges of discrimination has found no violations. Those officers were Covelli, Clarke, Humberto Guadalupe, Edison Walker, Lauren Chapulin, Henry Rees, John Richardson, Kevin Ranft and Tom Waggoner.

There will be no mention in their personnel records about the allegations.

But the prison has the right to pursue other disciplinary charges against Clark if there is "credible evidence" presented.

The employees association will discontinue its sanctioned "chat room" on the Internet for employees.

MacKenzie said there was a frustration on the part of staff about some of the grievances not being considered by the administration.

Crawford promised an open door policy not only to the 50 percent of the staff represented by the association but also to other employees whether they are represented by other labor organizations or not.

Glen Whorton, assistant director of operations for the corrections department, said he has been at the prison longer than most and he called them "the bad old days." The past administration gave little consideration to employees, he said.

He said Crawford has changed that and the prison administration is "trying to get ideas from staff." He said these suggestions would improve officer safety and security at the prisons.

Crawford said a priority in the 2005 Legislature will be increasing the pay of correctional officers, who are getting $10,000 less than officers hired by Metro Police and the police in North Las Vegas and Henderson.

The agreement calls for the issue of attorneys fees and costs be submitted to U.S. Magistrate Valerie P. Cooke for binding arbitration. MacKenzie estimated his association spent $125,000 on the suit. Crawford said her office was defended by the state Attorney General's Office.