Standing before government labor board expanded
In UMC Physicians v. Nev. Serv. Emp. Union, the Nevada Supreme Court reversed and remanded a decision denying judicial review brought by a physician’s organization after the Nevada’s Local Government Employee-Management Relations dismissed the organization’s complaint on the basis that it was no the exclusive bargaining unit for the physicians. The Court held that the Board’s requirement that an organization be the exclusive bargaining unit is contrary the statues and codes governing standing before the Board. Under NRS 288.040 and Nevada’s administrative codes, the Board must hear complaints from any “employee organization of any kind having as one of its purposes improvement of the terms and conditions of employment of local government employees,” provided the organization has a legally recognizable interest in the relief sought. On remand, the district court must determine whether the complainant meets these criteria.
This decision was issued March 6, 2008.
