Police union to drop lawsuit against North Las Vegas

By Erin Dostal

Tuesday, Nov. 23, 2010 | 7:43 p.m.

The North Las Vegas Police Officers Association is planning to drop a civil lawsuit against the city of North Las Vegas that alleges breach of contract.

In the lawsuit, filed Nov. 5 in Clark County District Court, the union claimed the group’s president and liaison to the city, Terrence McAllister, was told by North Las Vegas City Manager MaryAnn Ustick that he could no longer serve in his position and that he would be reassigned to a job as a patrol sergeant. The union claimed the city overstepped its bounds.

At a city council meeting Nov. 3, the city unanimously approved the formation of the North Las Vegas Police Supervisors Association, a bargaining unit that would include only sergeants and lieutenants, separate from the Police Officers Association.

The city sought to have the lawsuit dismissed, arguing that McAllister couldn’t remain in the officers union as a sergeant.

Jeffrey Allen, the Police Officers Association’s general counsel, said the union is dropping its suit because the city’s arguments “changed the landscape of the fight.”

“The city has made arguments that have made the issue extremely complicated,” Allen said. “That just didn’t seem like a good idea for us, given that we have other venues with the city” to file complaints.

The city’s motion for dismissal argues the union lawsuit “is little more than a desperate attempt by Sergeant Terrence McAllister to retain power to which he is no longer entitled as a matter of law.” It also says the issue is under the jurisdiction of the Local Government Employee-Management Relations Board, a state agency that helps resolve unfair labor practices.

“We completely disagree with those arguments,” Allen said.

He said the Police Officers Association has filed a complaint with the Employee-Management Relations Board and has filed a grievance with the city based on McAllister’s removal.

City leaders said Tuesday they were happy with the union’s plans to drop the suit.

“Now, we hope we can make strides in future discussions,” North Las Vegas city spokeswoman Juliet Casey said.

The Police Officers Association and the city’s fire union have been in talks with city leaders about helping to close a $35.1 million budget hole by 2012. The Teamsters union already has come forward with concessions, saving 144 Teamsters jobs.

Under the current budget plan, if no concessions are made, 27 police officer positions and 33 firefighter positions would be eliminated. Casey said the city will continue talks with the Police Officers Association in hopes of avoiding job losses.

“Even with these complaints, we still need to move forward,” she said.