Las Vegas Sun

March 28, 2024

Governor blames Frontier owners for prolonging strike

CARSON CITY -- Gov. Bob Miller blames the owners of the Frontier Hotel for prolonging the strike there that started in September 1991 and has idled more than 500 workers.

"It is evident that the Frontier management is not prepared to resolve the remaining issues," Miller said Wednesday.

Miller called for binding arbitration to resolve the labor dispute.

John Wilhelm, chief negotiator for Culinary Union Local 226 and Bartenders Local 165, said a report by fact finder Sam Kagel shows that the Frontier "bargained in bad faith and then reneged on the agreement reached."

"It's clear who the bad guys are," said Wilhelm, who suggested that the State Gaming Control Board may take some disciplinary action this year against the Frontier.

Wilhelm said Control Board Chairman Bill Bible declined initially to move until all appeals in the case were settled.

"The Gaming Control Board will have to take another look at it before the next (legislative) session," he said. The Legislature meets next in January.

The board could start proceedings to revoke the Frontier's license on grounds that its conduct discredits the gaming industry.

Although he said he did not know what would happen next, Wilhelm said Kagel's report and the strong statements by Miller will be "the turning point" in the 30-month labor dispute.

Frontier General Manager Tom Elardi could not be reached for comment Wednesday.

The governor, in May 1993, appointed Kagel to talk to both sides in hopes of moving the talks forward. There were 28 meetings by negotiators from June 1993 to Feb. 20.

The governor said the unions gave ground on some issues.

Still to be resolved are the issues of wages and the workers that the Frontier will refuse to rehire if and when the strike is settled.

Kagel, in his report to Miller, said the Frontier refused to negotiate further on Feb. 19-20 until the return-to-work agreement was settled.

In mid-February, the Frontier gave the union a list of about 60 striking workers it would not rehire, on grounds they were guilty of misconduct during the walkout. Then the Frontier gave the union a subsequent list of 106 names of workers who would not be reinstated.

The 106 names represent 60 percent of those who would not be reinstated. It did not identify the other 40 percent who would not be rehired.

Kagel said the union would need to know the names of all the workers who would not be rehired when it seeks ratification of a contract.

Some of the acts of alleged misconduct have been captured on videotape. And the Frontier said that if a guard identified a worker as being involved in misconduct, that employee would not be rehired.

In addition, the Frontier will not give a reason to a worker who is not allowed to return to work.

The governor said: "Such a policy does not seem to be in accord with fair labor practices or afford due process. The Frontier's position is another bone of contention that has brought otherwise productive talks to a halt.

"I have to question the hotel's intent to taking this position on the return-to-work language."

The governor said 90 percent of the issues are resolved and the 10 percent should go to binding arbitration to end the strike "if management truly wants to resolve this dispute."

Las Vegas Mayor Jan Laverty Jones, who is challenging Miller in the Democratic gubernatorial primary, declined to comment today on the fact finder's report.

"Not being a part of the negotiations, I have no comment at this time," Jones said.

On the issue of pay, Kagel said, "The union has always offered and continues to offer Frontier a wage scale that is less than the prevailing wage on the Strip."

On Feb. 18, Kagel said the Frontier made a wage offer that it said would ultimately exceed the applicable Strip wage. But the union was dissatisfied and said the proposed wages would not exceed the Strip average until 1998. It was then that the impasse came over the rehiring of workers.

Besides wages and the return-to-work agreement, there are the issues of overtime on the sixth and seventh day of work, picket line language and the duration of the agreement.

The Frontier insisted and the union agreed that the hotel would never join the Culinary Union Health Plan. Instead, the hotel would have its own provider running the health and welfare insurance benefits.

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