Nonunion contractors win round against Vegas carpenters' union

The Southern Nevada Chapter of Associated Builders and Contractors won a legal victory when a judge dismissed union efforts to block state certification of two ABC apprenticeship programs.

Union representatives have until March 1 to appeal the judge's ruling to the Nevada Supreme Court.

The battle started last June after ABC applied to the state for certification of two training programs targeting the open-shop (non-union) building sector.

At that time, the Nevada State Apprenticeship Council -- a government board appointed by the Labor Commissioner -- requested several changes to ABC's initial apprenticeship proposal before it would grant certification.

"They found some holes (in the proposal), said 'dot this i and cross this t,' which we did, and then we went back in September and they still turned it down," said Dallas Coonrod, executive director of ABC's Southern Nevada chapter.

"We appealed the decision to the state's labor commissioner, and he reversed their second ruling and approved the application."

The Carpenters' Joint Apprenticeship Training Committee, a joint effort between the union and organized carpentry firms, then filed a petition seeking to overturn Labor Commissioner Terry Johnson's ruling.

But last week Clark County District Court Judge Michael Douglas dismissed the petition, saying the unions "were not an aggrieved party" as a result of the new programs.

ABC's two new initiatives will offer training to apprentices in carpentry, painting and drywall.

Marc Furman, chairman of the Southern Nevada Carpenters & Millwrights Apprenticeship & Journeyman Training Trust Fund, said union representatives argued that ABC "didn't have a real program or the money to fund it."

"This was really a subterfuge (by ABC) to try and get people cheaply," Furman said.

He said the proposed ABC apprenticeship programs contrasts sharply with the existing carpenters' union training initiative.

"We have a 64,000-square-foot training building at Bonanza and Lamb, with thousands of dollars of capital investment," Furman said. "On the other hand, the ABC is really nothing more than a mirage."

Furman said 1,100 union apprentices are enrolled in the carpenters' training program; 96 apprentices are expected to graduate this year.

Officials from both the open-shop and union building sectors say they represent a growing portion of Southern Nevada's construction industry.

"We have 251 members in Southern Nevada and an equal number in Northern Nevada," Coonrod said. "All told, our companies employ about 25,000 people."

For his part, Furman cited increased hiring of unionized carpenters in virtually all sectors of the state's construction industry.

"For example, from 1995 to 2000 the percentage of union carpenters employed in gaming construction on the Strip increased from 85 to 95 percent," he said. "Most impressive was our gains in public work construction, where the percentage of unionized carpenters increased from 10 percent to 75 percent."

Coonrod said the SAC's decision to try and block ABC's apprenticeship efforts stems in part from politics.

"While I have a great deal of respect for (Labor Commissioner) Terry Johnson -- he's the most unbiased commissioner we've had in some time -- the SAC makes it tough to try and do the right thing and establish this type of training program," he said.

That's because current SAC members were appointed by former Gov. Bob Miller's Democratic administration "and are controlled by the unions," said Coonrod.

Last summer, Republican Gov. Kenny Guinn appointed Johnson as labor commissioner, succeeding David Hahn, who resigned earlier that year. In his previous position, Johnson served as assistant business advocate with the state Department of Business and Industry.

Furman's assessment of Johnson is different than Coonrod's.

"We want to wait and see how he's going to deal with several issues, including the prevailing wage statute," Furman said.

Prevailing wages are set once a year by the Nevada Labor Commissioner. They are wages that must be paid to all workers performing labor on public works projects with a contract value above $100,000.

"We believe Johnson has a responsibility to do his job, regardless of the politics involved," Furman said.

archive