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StumbleRuling likely means 19 laid-off county workers will get jobs back
County will have to pay up to $2 million in back salary
Thursday, Sept. 9, 2010 | 2 a.m.
Chris Giunchigliani
Steve Sisolak
Sun archives
- Layoffs coming as part of county budget fix (6-9-2010)
- County layoff notices just a ‘prelude,’ commissioner says (5-29-2010)
- County could cut 530 jobs to solve budget woes (4-9-2010)
- Horrible county budget outlook worsens, tough decisions loom (1-20-2010)
- Layoffs should hit poorly run departments, Collin says (10-4-2009)
A state board’s decision will likely force Clark County to rehire 19 workers laid off in 2009 plus pay them up to nearly $2 million in back salary. And it could result in other employees losing their jobs to offset the back-pay expense.
The Service Employees International Union, which represents 9,000 county workers, filed a complaint with the Employee Management Relations Board claiming the county engaged in “prohibited practices” when it targeted the workers. Neither the county nor union has seen the order, but both have been informed that the SEIU won the case by a 2-1 board vote.
Like most union contracts, the SEIU’s agreement protects the most senior county employees from layoffs — meaning the last person hired is the first to be let go. However, the contract gives the county the right in 8 percent of the layoffs to keep a newer employee if that person is deemed more valuable than a more senior worker “for the continued operation of the county.”
But the union’s attorneys convinced the board that those newer employees whose jobs were saved offered nothing more than the older employees they had displaced.
“We didn’t think the evidence showed that the employees who were retained were more skilled,” said attorney Jonathan Cohen of the Pasadena, Calif., firm Rothner, Segall & Greenstone, which represents the union.
The laid-off employees were in the first of three rounds of layoffs as the county struggled to balance its budget amid severely declining tax revenue. In that round, 48 people were targeted: 23 accepted transfers to different county jobs, six took early retirement and the 19 were laid off.
The 19 worked in the development services office, which is supported by fees collected for plan certifications and other development-related duties. When the recession curtailed development, the county decided the employees were no longer needed.
County officials expect they must hire back the employees because the union complaint had asked to “make whole” the workers.
Amber Lopez-Lasater, a union spokeswoman, called the victory “bittersweet,” because bringing them back means other county workers may be laid off to offset the cost of back pay.
“But the bottom line is, unfortunately, the county needs to be held responsible for its actions, and it is our primary responsibility to ensure contracts are implemented properly,” she said.
County Commissioner Chris Giunchigliani agreed, saying “we should have followed the process correctly.”
Lopez-Lasater said the decision won’t affect county layoffs that came later because the union thinks they were handled properly.
Commissioner Steve Sisolak said not only will the county rehire the 19 workers, it must find an estimated $1.8 million to compensate them for the 14 months they were jobless. That amount could be reduced if unemployment compensation is subtracted from the total, he added.
“It’s unfortunate, but we don’t have the surplus money or reserves to pay these costs,” he said. “It has to be made with other means.”
Nick DiArchangel, SEIU spokesman, said the union was obligated to make the complaint, even though the potential consequences “are regrettable.”
“But the fact of the matter is, the county is the one who brought this on and we certainly couldn’t ignore it,” he said. “If we ignored this now, what would happen down the line? This had to be addressed.”
Discussion: 3 comments so far…
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Hard to breathe when they have you by the throat isn't it?
So 19 Development Services employees are hired back with back pay to a department that doesn't need them and 19 other employees in departments where they are needed are being let go. Way to go SEIU! Why don't you and the Firemans Union get together and come up with more ideas to endear yourselves to the public.
When the county breaks the RULES then the victim must be made whole. It is what it is. The unions brought the American middle class into existence. This was done through collective bargaining. If you don't believe this then vote Republican, you deserve what you get, unless you're a CEO then you can afford your groceries at $20 million per year. Love to all, Bingowaba
Getting less for more. The greed of the public employee unions!
I wish there were some way to get a law paased to disallow unions in any government or taxpayer funded entity. Firefighters, teachers, policemen and now county employees have the best paying jobs without the risk of being laid off. And the best part is that the rest of us are paying for these salaries in our taxes.
This isn't about unions. This is about a breakdown in leadership.
So if there is no work for these people, what are they going to be doing?
Infuriating! The county should just file bankruptcy now.
Now the county needs to lay off 40 people to make up for the Budget breaking back pay.
It's time to get rid of the "socialist employees internazi union", bad for the County, bad for the State, bad for the country.
This is an example of union abuse run amok. Those who say "the unions created the middle class", etc. are playng loose with the facts. What the unions did 50-60-70 years ago (or more) may have been good and necessary at that time, no disputing that, but now the unions are breaking the backs of businesses, government agencies and even the workers who will eventually be let go to pay for this nonsense. Has any union leader ever taken a pay cut?
So these people will all get paid for not working.....then again, some were being paid for not working before they were let go. Seniority is a bad rule. The most productive should be kept over the less productive, not "who has been there the longest".
Has anyone in the union bothered to look at the building industry.....no need for as many at development services if there isn't much development to service.
nice going county commissioners,what a bunch of buffoons,who was out in front of this 1,raise your hand
SEIU sucking off the system again. This is another reason why we need to eliminate all Democrats in November.
First of all the County has about 200 lawyers working for it. None of those Community College Graduates know what they are doing. The whole County Commissioners panel is populated by uninformed boobs. Including the idiotic Rory Reid. These people just don't know how to do their jobs. But we'll re-elect them and they will keep on keepin'on with their inferior work.
County Commissioner Chris Giunchigliani agreed, saying "we should have followed the process correctly."
Lopez-Lasater said the decision won't affect county layoffs that came later because the union thinks they were handled properly.
Thinks? I doubt any of those boobs is capable of original thought.
Unions protect lazy incompetent employees.
That's why lazy incompetent employees love unions.
I would of liked to have known what the criteria was that led to the firings of the more senior personell in the first place.If every body was an unneeded employee just sitting around,what was the criteria,who would make the coffee willingly without complaint?Let's hang on to that guy!
Seniority and job tenure policies have got to go. Besides, government workers should NOT be unionized - that leads to abuse.
Wait a minute, do those guys have to pay back the unemployment benefits they recieved over that time?
Yes they do.
collective bargaining has no place in public service. Public employees have too much security now.
Recent studies show that the average girth os public employees exceed the average girth of private employees. Bigger hips equal better tips.
Can eveybody see that socialist unions are bad for this country. Our taxes, our hard earned money being used to keep unions and government employees over paid with better benefits than the people that support them. Where on earth is this country heading?
Johnniek;Taken to the logical outcome if nothing changes,we are headed to a point where it will take every private dollar to support the public realm.This is happening at an expotential rate,or in other words,another ponzi scheme ready to blow up in everybodys' face.Use your simple math to see the outcome,it is headed our way if we don't deal with it now!
Yes, get rid of all unions and see how Mr. Wynn and the casinos treat their employees. It should be most enjoyable.
P.S.It has already taken every tax dollar.Then we have borrowed a few trillion to keep this house of cards from blowing in the wind.Already our great great grand kids will be stuck paying for our extravegance,but what do we care,it's all Iv'e got mine!Well Iv'e got a little problem with that!
It is quite possible that most of these workers will be terminated again using stricter termination rules. The decision states they were improperly terminated. It does not preclude them being properly terminated.
This is not union abuse. I know that everyone would be upset if they put 20 years into a company just to be let go, only to find out the guy that's been there a year gets to keep his job. This is what unions are good for, fighting for you.
Then why was the 8% rule even allowed to stand by the unions?If that was O. K. it dosen't seem the unions thought the way you do,lvkindaguy?
WE ARE BROKE file bankruptcy FIRE ALL EMPLOYEES, CANCELL ALL CONTRACTS, start over, paying only private sector compensation AND NOT A DIME MORE
Your commissioners like tom collins who loves to take money from poor citizens who make 20K and give it to cops, ff, SEIU, make the millionaires in retirement
AREN'T YOU PROUD? And so happy as tom and friends whiz the warm water from heaven on you.
Unions have no place in the public sector.
The taxpaying public has no voice.
The commissioners are supposed to be speaking for us but they are in bed with the unions thru kickbacks and campaign contributions.
just raise the real estate and sales taxes.
Is there anyone out there left to pay.
are you out there?
Who is going to make the taxpayers whole? Clark County, Las Vegas and all other Municipalities here partied like drunken sailers (I mean no insult to sailers) on OUR money when times were "good". Bell, California here we come.
The Bell,CA situation is a great example of these public servants run wild.
Shouldnt the taxpayers determine what each position should pay. These backdoor deals need to stop.
Private sector workers can never retire because they need to pay for public sector workers who retire after 20 years on the job with a huge pension.
Its time to take back our country.
The taxpayer is not ok with this.
No taxation without proper representation.
Good post, Bakersfield. Incredibly frustrating, especially when we want the most productive workers to keep their jobs (and get paid more), not the ones that have been milking the system the longest. Oversimplification, I know, but the union mentality is killing industry/innovation and is killing the taxpayers.
I say this as a former union employee that got frustrated with the fact that I couldn't be rewarded for my hard work, I had to get the same crap raise everyone else got even though I clearly worked harder and brought more value to the company for which I worked.
If the union is good for the people that have been there the longest and the ones that choose to do the bare minimum, that means it's bad for the new employees and the ones that choose to go above and beyond their job requirements. I think we want more of the latter in this country, and we need to reward them accordingly. Many unions prevent this, so businesses will continue to look overseas where the workforce hasn't been brainwashed into thinking they're entitled to keep their job just because they show up, and that it should take years to fire an underperforming employee.
A must read on why Nevada's public employee union salaries are bankrupting the state: http://npri.org/publications/bound-and-g...
When will the public employee unions quit holding the taxpayers hostage. I say fire everyone and start over. No more unions for government jobs!!!
Lvkindaguy,
Seniority is not always the best choice.
I've been the guy who was laid off while a younger guy with less time with the company was kept, but I've also been the guy they kept while those who were there longer got laid off. It's how life is. You live with it and go on. Management should have some right to do what they feel is best for the compamny. It should be an employee's duty (to him/herself and the company) to make sure they are the most productive, not "I've been here longer than someone else".
The last place I worked paid more to those of us who worked harder, didn't matter how old you were, race, gender, etc. Hard work = more pay, bigger bonus, etc. While I was still laid off after 11 years (building industry) they were very good to me while I was there, and I have even done a little work for them on a 1099 contract basis since I left.
I watched what decades of union membership did to my dad (grocery store union) they found all kinds of ways to reduce his retirement benefits to nearly nothing (no credit for years worked in the same union in another state, last 5 years were "adjusted" because all employees were "part time <still paid full time dues>, constant cuts in medical benefits <now that he needs them>, retirement pay cut to pay for a 4 month strike after he retired, etc.) He gets a little over $200 a month for 40+ years of paying in. Hardly a benefit at all, is it.
I've never been union, don't plan to be. I do support American business (union or not) with my spending. I will not buy a non U.S. made vehicle or any from a foreign brand no matter where it's "made". That limits me to some Fords and Gm vehicles (those made in the U.S.A), but that's O.K. with me.
Unemployed or working.... they still made the same money and did the same amount of work. What a country.
Vote out the Dems!!!!
2 million , this is 105K each for 14 mo OR 90K each per year while on vacation.
THIS IS WHY you must ADMIT THE TRUTH, we are broke and FILE BANKRUPTCY, cancell all jobs, all contracts and start over OFFERING private sector wages and comp AND NOT A PENNY MORE
" ...County Commissioner Chris Giunchigliani agreed, saying "we should have followed the process correctly."...
Okay Commissioner, as you accept responsibility for this mess and you will do what now? Resign?
Why don't the union employees boycott the non-union casinos in Nevada. Greg Lee and his management team at the Eureka Casino in Mesquite, Nevada pay their employess very poorly compared to union employees though out the state of Nevada. In my opinion they run a asian sweat shop at the Eureka Casino in Mesquite, Nevada. The employees at this casino receive no sick pay, have a very poor benifit package, and hide behind the shield of Nevada being a "At Will State" and fire employees without due process. The union employees of the City of Mesquite see the benifit of belonging to a bargaining unit such as a Union and therefore should insist that the casinos in Mesquite, Nevada pay their employee with a comparable wage and benifit package equal to what they receive being union employees.
This looks like an age discrimination case. I agree this is wrong. If these workers are showing proformance then they should not have been let go. At least the union has protected them. How many of us over 40, 45, or 50 and older are out of work here. How many employees and managers have companies fired mostly not to pay unemployment and laid off that are older, so they do not have to pay the higher salaries and benefits and can keep the part timers and temps with no benefits on? This is what is happening in this country and it is turning us into a 3rd world country fast.
As a laid off city employee, ensure the rules are followed before you go off cutting people willy nilly. It will only come back to bit you in the @$$!!! The cheap comes off expensive...
When you wonder why Cities and States across the country are going broke... just think about this story..
"County Commissioner Chris Giunchigliani agreed, saying "we should have followed the process correctly."
Don't sweat it Chris... there are plenty of things the Clark County Commissioners have messed up on... Something that's become expected over the years.
"The 19 worked in the development services office, which is supported by fees collected for plan certifications and other development-related duties. When the recession curtailed development, the county decided the employees were no longer needed."
If these are the same employees who helped the big builders rubber stamp the many horrendous communities built during the bubble.. they are no longer needed.
1.8 Million divided by 19 employees = $100,000 divided by 14 months = $7,142 a month per employee.
SWEET Paying JOB for not working for 14 months. And when they come back... they will not be doing anything anyways...
Wake Up Clark County...
L-1 Identity Solutions is a multinational defense contractor with no loyalty to the US. They are tied to the Bailout Banks thru Board Members. Investigate the corporation & their involvement in US voter registration at the DMV, their connection to the Governors office, & you will find the process by which the upcoming election will be stolen by Republicans.All of the hate speech, anti-union trolls are bought & paid for.
@ ezr2c,
Boy... you guys will do anything to make excuses for inept leadership.
Moveon.org and the multiple other organizations supporting your lies? Bought and paid for by George Soros who makes Billions when Governments and Banks fail.
You are a true sucker.... or being bought and paid off by George Soros.
I'm not a union fan either, but as my spouse has been a county employee for over 15 years, I have seen the abuse the county has dished out to non-management employees. The SEIU has finally gotten some guts to fight back some of the abuse, and I'm glad. You all sound like you have class envy or job envy. when the economy was bright any shiny, did any of you go running to the county to find a job?
How dare some of you equate government employees with laziness. My spouse is a very hard worker, working 40+ hours per week and that position is denied overtime. What I have witnessed, though, is the egregious use of the affirmative action law at the county in hiring and raise practices, something maybe the Sun & RJ could look into.
Also, these 19 employees may not necessarily be put back in the same department, and as one comment stated, they could be subject to another layoff, but this time done in a correct manner.
All these scathing articles put out by the Sun & RJ never address the high salaries made by management and the protection given to management. Clark County wants to appear as though they have no other choice but to do layoffs, and that the SEIU and worker bees are the bad guys, giving no concessions. Why doesn't the Sun & RJ do some real investigating and go behind the scenes and find out about the extra spending that goes on at the workers' expense?