Friday, Sept. 30, 2005 | 11:15 a.m.
CARSON CITY -- The Nevada Supreme Court on Thursday ruled that the failure of a Las Vegas union to protect a nonunion employee at University Medical Center was a "willful interference" with the rights of the worker.
The court said Iris Orr was entitled to an arbitration hearing. She had been fired from her job as an X-ray technician in 2000 for allegedly releasing patient information without authorization, leaving the hospital without permission and insubordination.
A collective bargaining agreement existed between the hospital and Nevada Service Employees Union Local 1107 that called for a pre-termination hearing if the employee requested. Orr was not a member of the union.
Orr wrote a letter to the union, requesting the hearing. But the union never forwarded it to the hospital.
The Supreme Court said under the contract the hospital was also required to obtain a signature from the union for the pre-termination hearing and it should have acted rather "than simply waiting for the union to act."
UMC felt Orr waived her right to the pre-termination hearing and fired her.
Orr then filed a complaint with the state Employee-Management Relations Board, which ruled that she was covered by the union agreement; that she was entitled to skip the pre-termination hearing and go directly to arbitration and ordered her back pay and benefits be restored.
UMC filed suit, challenging the ruling. District Judge Allan Earl agreed that Orr was entitled to the arbitration hearing but said the employees-management board exceeded its jurisdiction in ordering the back pay and benefits restored.
The Supreme Court, in upholding Earl, said the record shows the "union's failure to acknowledge or sign Orr's letter constituted a willful interference with or restraint of Orr's attempt to exercise her rights under the collective bargaining agreement.
The court said, however, the employee-management board had only the authority to restore Orr to her previous status of suspended without pay and did not have the power to order back pay and benefits.
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