Labor officials blast county manager’s decision to suspend union contracts

By Kelcie Grega

Published Thursday, April 2, 2020 | 6:30 p.m.

Updated Thursday, April 2, 2020 | 9:30 p.m.

Leaders behind the Nevada chapter of Service Employees International Union are calling Clark County Manager Yolanda King’s action to suspend union contracts not only unprecedented but illegal.

The decision, made Tuesday, affects nearly 9,000 county employees, from front-line medical staffers at University Medical Center to firefighters and family service employees. SEIU is Nevada’s largest health care union representing almost 4,000 employees.

In the notice sent to the county's SEIU workers, King said the move was necessary to be able to change employee schedules to make the county more responsive to the coronavirus pandemic. King maintains that Gov. Steve Sisolak’s emergency declaration on COVID-19 authorizes her action. King referenced a state statute stating circumstances such as riots, military action, natural disaster or civil disorder give the county authority to take such actions.

“It will be necessary to suspend contractual provisions in order to quickly respond to demands and issues related to this emergency,” she wrote in a letter to Grace Vergara-Mactal, executive director of SEIU Nevada.

But labor attorney Michael Urban said King’s reasoning behind her decision holds no legal ground.

“Obviously, none of these (issues stated in the statute) are what we are dealing with,” Urban said. He added that King ignored another part of the same statute that, in the event of a financial emergency, authorizes the county to reopen a collective bargaining agreement and negotiate with the union.

“What’s even more important is that she has actually written to every single SEIU and bargaining unit member — all 9,000 people — and told them specifically that the issue is one of finances, and not one related to health and safety and the COVID-19 situation,” he said. “What that tells all of us is that what she should have and could have done, under the terms of the existing bargaining agreement, was work with the union on the terms to address this situation, but (she) ignored that language and on her own decided to take this unprecedented action.”

Urban said the decision also meant the county could lay off union employees without the protection of the collective bargaining agreement.

“People may be laid off on a willy-nilly basis by the county, and that’s one of the issues we’re concerned about,” he said.

Vergara-Mactal said SEIU 1107 members have always kept an open line of communication with the county and with UMC.

“We want to work with them and we are working with them in a partnership to resolve and clarify issues impacting our members. In this time of uncertainty, SEIU 1107 members have been resilient, patient and flexible. Even putting their own health and their own families at risk.”

UMC spokesman Scott Kerbis said suspending union contracts without first trying to negotiate terms with union leaders was necessary due to the “rapidly evolving nature” of the pandemic.

“We simply do not have time to delay urgent decisions,” he said. “The safety of our patients and employees is of the utmost importance to us, and we have a responsibility to ensure UMC’s rapid response to pressing issues.”

He added that King’s decision allowed UMC to immediately authorize telework and delayed work with full pay for employees, which is an important step in promoting social distancing between employees.

“UMC’s entire leadership team has great respect for SEIU’s members and leaders,” Kerbis said. “SEIU leadership has been and will continue to be great partners with our hospital. UMC leadership continues to have daily communication and collaboration with SEIU 1107 leadership. The temporary suspension of our contract with SEIU 1107 simply allows for us to quickly address emerging issues in the urgent manner that is required during this truly unprecedented time.”

But SEIU President Brenda Marzan said King’s choice to strip away collective bargaining agreements was a “dangerous” and “reactive” decision.

“With personal protective equipment shortages in Nevada and across the country, our front-line heroes now must contend with doing their jobs safely while also fearing for their livelihood,” he said.

County spokesman Erik Pappa said the county had been in regular contact with SEIU leadership and was addressing the concerns — including purchasing and distributing PPE — to the highest extent possible.

"Clark County’s leadership team has great respect for our employees and their selfless dedication to public service, and we fully appreciate all that they do," he said.

Urban said the hope was that a letter SEIU leaders sent to county commissioners would result in a reversal the decision. If it doesn’t, SEIU is fully prepared to take legal action, though that’s not what the union prefers to concentrate on during a pandemic.

“We should concentrate on working together and trying to get a resolution that saves jobs, and protects the health and safety of workers.”