State corrections department faces union-related lawsuit

By Steve Green (contact)

Wednesday, May 6, 2009 | 10:03 a.m.

A union and two officers at the Nevada State Prison in Carson City are suing the state Department of Corrections, claiming the officers have faced retaliation for their union activities and for complaining about former warden Bill Donat.

Lt. Robert Lee Bianchi, senior corrections officer Randy Lee Cook and the American Federation of State, County and Municipal Employees Local 4041 filed the suit Tuesday in U.S. District Court against the state agency and several agency officials.

Suzanne Pardee, a Department of Corrections spokeswoman, said Wednesday that the agency would have no immediate comment on the pending litigation.

Donat retired this year and Greg Smith was named acting warden for the medium security prison.

AFSCME, the union, said it represents some 800 correctional officers and support staff in the state prison system.

The lawsuit says that in 2007 and 2008, AFSCME members including Bianchi and Cook carried out a vote of no confidence in Donat and that the vote circulated in a manner that created no interference with the officers' duties.

"The objective of the vote was to communicate employee concern regarding the conditions at Nevada State Prison,'' the lawsuit said. "Upon learning of the vote, defendants and each of them embarked on a course of conduct intended to punish AFSCME members, including plaintiffs Bianchi and Cook for their involvement.''

Additional, Corrections Department officials have told numerous agency employees that their opportunities for promotion and other job benefits may be jeopardized by their association with the union, the lawsuit charges.

While the potential closure of the prison has been discussed because of the state budget shortfall, legislators appear to be moving to keep it open, Pardee said Wednesday.