Nevada Supreme Court orders a new union election

By Cy Ryan

Wednesday, Dec. 23, 2009 | 5:22 p.m.

CARSON CITY – The Nevada Supreme Court has ordered a new runoff election to decide which union should represent the Clark County School District’s support employees.

The court upheld District Judge Kenneth C. Cory, who ruled the results of the primary elections were inconclusive.

The results of that election were 2,711 employees voted for International Brotherhood of Teamsters Local 14. The Education Support Employees Association received 1,932 and 93 employees voted for “no union.”

There were 10,386 employees in the bargaining unit. The court said under the law a union must obtain support from a majority of all the members of the bargaining unit and not just a majority of those who vote.

There were only 4,797 ballots cast in the election. Local 14 is trying to oust the present association as the bargaining unit.

The court said the Local Government Employee-Management Relations Board is required to conduct a runoff election. “We recognize that a runoff election may produce similar inconclusive results: however, the parties can agree to an alternative method in which to conduct the runoff election,” said the unanimous opinion.

In a footnote to the three-page decision the court cited a law that says “the parties may agree in writing, without appealing to the board, to hold a representative election to determine whether an employee organization represents the majority of the local government employees in a bargaining unit.”