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Clark County Association of School

Administrators and Professional-technical
Employees,

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3:58 p.m.

STATE OF NEVADA
LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT
RELATIONS BOARD

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FILED
October 20, 2016
State of Nevada
E.M.R.B.

Attorneys for Complainant, Clark County

Association of School Administrators and
Professional-technical Employees

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100 North City Parkway, Suite 1600

Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

Adam P. Segal, Esq.

Nevada Bar No. 6120
Christopher M. Humes, Esq.
Nevada Bar No. 12782
Brownstein Hyatt Farber Schreck, LLP
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
Telephone:
702.382.2101
Facsimile:
702.382.8135
Email: asegal@bhfs.com
chumes@bhfs.com

CASE NO.:

2016-022

Complainant,
v.
Clark County School District; Pat
Skorkowsky, in his official capacity of
chief negotiator for the Clark County
School District; the Board of Trustees of
the Clark County School District,

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COMPLAINT FOR FAILURE TO

BARGAIN IN GOOD FAITH

Respondents.

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Complainant, the Clark County Association of School Administrators and Professional-

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technical Employees (CCASAPE), hereby brings this Complaint against Respondents Clark

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County School District (CCSD), Pat Skorkowsky (Skorkowsky), in his official capacity as
chief negotiator for the CCSD, and the Board of Trustees of the Clark County School District

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(CCSD Board of Trustees).

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014884\0001\14973727.1

GENERAL ALLEGATIONS

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1.

of July 1, 2013, until June 30, 2015.

100 North City Parkway, Suite 1600

Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

CCSD and CCASAPE operated under a Negotiated Agreement for the time period

2.

In January 2015, CCASAPE opened negotiations for the 2015-2017 Negotiated

Agreement (Proposed Negotiated Agreement).

A.

CCASAPE and CCSD representatives mutually developed a Proposed Negotiated

Agreement, but the CCSD Board of Trustees rejected it without justification or a
counteroffer.

3.

In late December 2015, Stephen Augspurger (Augspurger), Executive Director

of CCASAPE, began meeting with Skorkowsky, Superintendent of CCSD, to negotiate terms for

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the Proposed Negotiated Agreement. Skorkowsky and Augspurger acted as chief negotiators for

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their respective parties.

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4.

Augspurger and Skorkowsky met fourteen (14) times to negotiate the terms of the

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Proposed Negotiated Agreement before Skorkowsky brought the joint proposal to the CCSD

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Board of Trustees.

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5.

The Proposed Negotiated Agreement reflected the new work expectations and

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responsibilities related to new requirements for teacher professional development and

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accountability measures passed by the 2015 Nevada Legislature.

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6.

The Proposed Negotiated Agreement provided financial incentives through a pay-

for-performance program to attract administrators to work in CCSDs most at-risk schools.

7.

The Proposed Negotiated Agreement created a new evaluation system for

administrators not based in a school environment.

8.

The Proposed Negotiated Agreement included salary enhancements directly tied to

performance for all administrators.

9.

Skorkowsky acknowledged that the Proposed Negotiated Agreement was mutually

developed by both parties.

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10.

Skorkowsky was the chief negotiator for CCSD.

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11.

CCASAPE was not permitted to negotiate with the CCSD Board of Trustees.

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12.

Skorkowsky advised Augspurger that the CCSD Board of Trustees was aware of

014884\0001\14973727.1

the negotiations.

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Agreement without justification.

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CCSD and CCSD Board of Trustees either, or both, improperly declined the

agreement that had been negotiated by its duly authorized negotiator Skorkowsky or improperly
tasked Skorkowsky to engage in unauthorized negotiations.

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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The CCSD Board of Trustees did not provide a basis for its decision to decline the

Proposed Negotiated Agreement.

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The CCSD Board of Trustees did not provide a counteroffer or any counter

proposals to facilitate a continuation of negotiations.

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On June 3, 2016, the CCSD Board of Trustees declined the Proposed Negotiated

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The CCSD Board of Trustees only directed Skorkowsky to identify budget cuts for

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all employee groups with unresolved contracts including CCASAPE. The CCSD Board of

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Trustees response to the Proposed Negotiated Agreement was to eliminate monies previously

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negotiated by Skorkowsky and Augspurger.

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B.

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Both the CCEA and CCSD School Police contracts contain significant increases in

the negotiated health benefit contributions.

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Similarly, the CCSD Board of Trustees have provided the CCSD School Police

with a very favorable contract.

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The CCSD Board of Trustees have previously provided the Clark County

Education Association (CCEA) with a very favorable contract.

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Despite claiming a $67 million dollar budget deficit, CCSD provided other
bargaining groups with favorable contracts.

21.

Approval for both the CCEA and CCSD School Police contracts came after

Skorkowsky notified all CCSD employees in June 2015, that CCSD had a $67 million budget
deficit and negotiations for all bargaining groups would be challenging.

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CCSD is retaliating against CCASAPE for its stance on the decentralization of the
district.

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22.

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C.

Assembly Bill 394 (AB394) was enacted by the 2015 Nevada Legislature to

cause the decentralization of CCSD into local school precincts. AB394 is currently being
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contentiously debated as to the proper method to effectuate the decentralization.

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benefits and implementation of AB394.

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In a public meeting regarding AB394, Trustee Kevin Childs (Childs) stated to

Augspurger that he would find money for the support staff labor organizations contract and

would purposefully have no money remaining for the Proposed Negotiated Agreement.

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stance on AB394.

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

CCASAPE and the CCSD Board of Trustees have differing viewpoints on the

Childs also threatened Augspurger with physical violence due to CCASAPEs

CCASAPE declared impasse in negotiations and CCSD continued to delay.

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CCASAPE declared an impasse in negotiations on June 8, 2016, and informed

CCSD that it would request a list of arbitrators. CCSD did not respond.

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CCASAPE and CCSD received a list of arbitrators on June 20, 2016. CCASAPE

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struck the first arbitrator via correspondence to CCSD on June 22, 2016, in which CCASAPE

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included a copy of the list of arbitrators. CCSD did not respond.

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CCASAPE sent another letter on June 30, 2016, requesting a response.

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29.

On July 1, 2016, CCSDs counsel contacted CCASAPE and requested a list of

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arbitrators as CCSD did not provide him one.

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E.

CCSD removes Skorkowsky as chief negotiator after misleading Augspurger again.

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agreement.

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33.

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After declaring impasse, Augspurger and Skorkowsky engaged in six (6)

subsequent negotiating meetings.

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On July 22, 2016, CCSD eventually engaged in the striking of arbitrators.

Again, Skorkowsky represented that CCSD and CCASAPE had reached an

On September 22, 2016, the CCSD Board of Trustees again rejected the joint

proposal without providing a basis for their rejection.

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On September 29, 2016, Augspurger sent a letter to Skorkowsky outlining his

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repeated failure to provide an accurate status of negotiations and Skorkowskys misleading of

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Augspurger causing him to think CCASAPE and CCSD had an agreement.

014884\0001\14973727.1
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from the position as chief negotiator.

SOLE CAUSE OF ACTION

Nev. Rev. Stat. 288.270(1) All Respondents

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Paragraphs 1 through 35 are restated and incorporated by reference.

37.

Due to the recent amendments of Senate Bill 241 (SB241), administrators have

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

CCSD informed Augspurger the same day that Skorkowsky had been removed

BROWNSTEIN HYATT FARBER SCHRECK, LLP

35.

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not been provided a salary increase since July 1, 2014.

38.

On information and belief, the Respondents, each of them, are using the recent

amendments of SB241 to apply pressure on CCASAPE by purposefully and unreasonably

delaying increases of administrators salaries.
39.

On information and belief, the Respondents, each of them, are not negotiating in

good faith to pressure CCASAPE to retract its support for AB394.

40.

On information and belief, the CCSD Board of Trustees is not negotiating in good

faith due to its bias against CCSD administrators.

41.

On information and belief, the Respondents, each of them, have negotiated

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contracts so favorable to the CCEA and CCSD School Police to give the appearance that CCSD is

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not able to achieve a fair and reasonable Negotiated Agreement.

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42.

On information and belief, the CCSD Board of Trustees is attempting to forego

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any contract negotiations with CCASAPE until the decentralization of the CCSD pursuant to

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AB394.

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43.

Respondents failure to provide a basis for CCSDs rejection of the Proposed

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Negotiated Agreement, their failure to provide a timely counteroffer to CCASAPE, their bias

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against CCSD administrators, their leveraging of contract negotiations to retaliate against

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CCASAPEs position on AB394 and their intent to stall contract negotiations until CCSD is

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decentralized demonstrates a failure to bargain in good faith, all in violation of NRS

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288.270(1)(e) as well as (a), (b) and (d).

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WHEREFORE, CCASAPE prays for relief as follows:

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That Respondents be ordered to stand by the jointly negotiated Proposed

Negotiated Agreement or, in the alternative, to provide a basis for their rejection of the Proposed

Negotiated Agreement, to provide CCASAPE a reasonable counteroffer and thereafter to

continue in good faith negotiations towards an executed 2015-2017 Negotiated Agreement;

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2.

That CCSD pay to CCASAPE its legal fees and costs in having to bring this action

pursuant to NRS 288.110(6); and

3.

Such other relief as the EMRB deems appropriate.

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Dated: October 20, 2016.

BROWNSTEIN HYATT FARBER SCHRECK, LLP

/s/ Christopher M. Humes
Adam P. Segal, Esq.
Nevada Bar No. 6120
Christopher M. Humes, Esq.
Nevada Bar No. 12782
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
Telephone: 702.382.2101
Facsimile: 702.382.8135
Email: asegal@bhfs.com
chumes@bhfs.com

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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Attorneys for Respondent, Clark County Association

of School Administrators and Professional-technical
Employees

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Pursuant to Nevada Administrative Code 288.080, Nevada Administrative Code 288.200

and Nevada Rule of Civil Procedure 5(a), I certify that I am an employee of Brownstein Hyatt
Farber Schreck, LLP and that on this 20th day of October, 2016, I served true copy of the
foregoing COMPLAINT FOR FAILURE TO BARGAIN IN GOOD FAITH upon:
Carlos McDade
Office of the General Counsel
Clark County School District
5100 W. Sahara Ave.
Las Vegas, NV 89146
a. CERTIFIED MAIL

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

CERTIFICATE OF SERVICE

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I declare under penalty of perjury that the foregoing is true and correct.
/s/ Wendy Cosby
An Employee of Brownstein Hyatt Farber Schreck, LLP

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