Supreme Court rules union member can’t sue lawyer

Friday, June 10, 2005 | 9:11 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court ruled Thursday that a union member who is supplied an attorney by the union cannot bring a malpractice lawsuit against the lawyer, only against the union.

The opinion stemmed from the case of Steven Weiner, who worked for the Clark County School District from 1973 until being suspended in October 1996. He was fired in 1997.

Allegations were made against Weiner when he was principal of Knudson Middle School between 1989 and mid-1996 that he spent school funds on personal items and used school employees for personal errands. Weiner alleged that he was fired because he would not support Ruth Johnson, a candidate for the Clark County School Board, who was supported by then-Superintendent Brian Cram.

Weiner was a member of the Clark County Association of School Administrators, which hired attorney Thomas D. Beatty to represent Weiner in hearings to retain his job. But an arbitrator said the district had just cause to terminate Weiner.

Unbeknownst to Weiner, Beatty was simultaneously hired by the School District in another case. Weiner filed suit against the Association of School Administrators and against Beatty individually for malpractice.

District Judge Valorie Vega granted a pre-trial summary judgment in favor of Beatty.

The Supreme Court said, "We conclude that state labor law should be interpreted consistently with federal labor law, which bars legal malpractice claims against lawyers supplied by unions."

Judge Jim Hardesty, who wrote the unanimous decision, said, "A union member's remedy lies in an action against the union for breach of duty of fair representation."

Hardesty said when a union provides an attorney to represent one of its members in a matter related to a collective bargaining agreement, that lawyer is an agent of the union and not subject to a malpractice suit.