1 LAW OFFICE OF DANIEL MARKS

DANIEL MARKS, ESQ. FILED

2 Nevada State Bar No. 002003 April 25, 2019
office@danielmarks.net
State of Nevada
3 ADAM LEVINE, ESQ.
Nevada State Bar No. 004673 E.M.R.B.
4 alevine@danielmarks.net 10:04 a.m.
610 South Ninth Street
5 Las Vegas, Nevada 89101
(702) 386-0536: FAX (702) 386-6812
6 Attorneys for Complainants

7 STATE OF NEVADA
LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT
8 RELATIONS BOARD

9 NYE COUNTY MANAGEMENT Case No.: 2019-007

EMPLOYEES ASSOCIATION,
INITIAL PANEL B
10 and RONNI BOSKOVICH

11
Complainants,
12
v.
13
NYECOUNTY,
14
Respondent.
15 ___________________________1

16 COMPLAINT

17 1. At all times material hereto the Nye County Management Employees Association

18 ("NCMEA") was an employee organization within the meaning ofNRS 288.040.

19 2. At all times material hereto Ronni Boskovich was a local government employees within

20 the meaning ofNRS 288.050.

21 3. At all times material hereto Nye County was a local government employer within the

22 meaning ofNRS 288.060.

23 4. In February of2018 the Deputy District Attorneys in the criminal division of the District

24 Attorney's Office decided to organize for purposes of collective bargaining under NRS chapter 288 and

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 1 requested (1) that the NCMEA represent them, and (2) that they be placed within the existing NCMEA

2 bargaining unit.

3 5. Nye County by its actions did recognize the NCMEA as the criminal division Deputy

4 District Attorneys bargaining representative. Specifically, notwithstanding its initial position that the

5 Deputy District Attorneys should be in their own bargaining unit, Nye County did in fact negotiate with

6 the NCMEA with regard to subjects of bargaining under NRS 288.150(2) and to place the Deputy

7 District Attorneys under the current NCMEA collective bargaining agreement.

8 6. Nye County's attorney Mark Ricciardi, Esq. expressly stated in writing that he had

9 authority from Nye County to negotiate an agreement with the NCMEA.

10 7. Vance Payne who held position of Director of Emergency Management Services retired.

11 This position was an NCMEA bargaining unit position.

12 8. Nye County, unilaterally took the work performed by the Director of Emergency

13 Management Services and placed it outside of the bargaining unit with the Fire Chief of the Town of

14 Pahrump.

15 9. As part of the consideration for a deal to bring the Deputy District Attorneys into the

16 existing NCMEA bargaining unit, the NCMEA agreed to give up the Director of Emergency

17 Management Services position within the bargaining unit.

18 10. Nye County and the NCMEA did in fact negotiate and execute a Settlement Agreement

19 and Memorandum of Understanding placing the Deputy District Attorneys under the current NCMEA

20 collective bargaining agreement and removing the position of Director of Emergency Management

21 Services from the bargaining unit. This necessitated some minor changes to the current bargaining

22 agreement which required approval by the Board of County Commissioners. The Settlement Agreement

23 and Memorandum of Understanding was placed on the Board County Commissioners Agenda for

24 approval on or about November 9,2018.

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 1 11. On or about November 9, 2018 the Nye County Board County Commissioners voted to

2 approve the Settlement Agreement and Memorandum of Understanding. Immediately thereafter the

3 Board took a second vote to "table" the approval until its next meeting.

4 12. The Board of County Commissioners did not address the Settlement Agreement and

5 Memorandum of Understanding at their next meeting and have subsequently refused to approve it.

6 13. When it refused to approve the Settlement Agreement and Memorandum of

7 Understanding, Nye County still did not recognize a separate bargaining unit of Deputy District

8 Attorneys represented by NCMEA despite the fact that there was no basis to contest majority status

9 support for representation by the NCMEA even in a separate bargaining unit.

10 14. Nye County likewise did not return the position of Director of Emergency Management

11 Services back to the NCMEA.

12 15. The Deputy District Attorneys practicing criminal law must either be part of the

13 NCMEA or their own bargaining unit. This issue is currently pending before this Board in Case No.

14 2018-012. However, regardless as to how the Board rules on this issue they are still entitled to be

15 represented by the NCMEA and Nye County is obligated to bargain with the NCMEA with regard to all

16 of the applicable subjects of bargaining identified in NRS 288.150(2).

17 16. On April 9, 2019 Ronni Boskovich, who was a Deputy District Attorney assigned to the

18 criminal division of the Nye County District Attorney's Office, appeared before the Board and testified

19 in Case No. 2018-012 in favor of being part of the NCMEA bargaining unit.

20 17. On April 22, 2019 Nye County District Attorney Chris Arabia summarily terminated

21 Boskovich. When asked for an explanation as to why she was being terminated, Arabia refused to

22 provide any reason.

23 18. Once employees have voted to unionize and be represented, an employer may not

24 unilaterally discipline or discharge an employee without first negotiating with their designated

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 1 bargaining representative. This bar on discipline without negotiation applies even if a first bargaining

2 agreement has not yet been reached. Total Security Management Illinois 1, LLC, 364 NLRB. No. 106

3 (2016).

4 19. The actions of Nye County in unilaterally removing work from the bargaining unit,

5 negotiation of an agreement to trade that removed work for placement of the Deputy District Attorneys

6 in the current NCMEA bargaining unit and then refusing to approve the agreement that its designated

7 representative negotiated, refusal to take action to negotiate a separate bargaining agreement for the

8 Deputy District Attorneys, and the failure to negotiate with the NCMEA prior to the dismissal of

9 Ronnie Boskovich constitute willful, deliberate and egregious bad faith bargaining andlor a refusal to

10 bargain in good faith in violation ofNRS 288.270(1)(a) and (e).

11 20. The dismissal of Ronni Boskovich thirteen (13) days after she testified in favor of

12 unionization and the NCMEA further violates NRS 288.270(1)(a), (c) and (d).

13 WHEREFORE Complainants request the following relief from the Board:

14 1. For an express finding that Nye County has engaged in one or more prohibited labor

15 practices in violation ofNRS 288.270(1);

16 2. For Nye County to be required to post in public places findings by the Board of such

17 prohibited practices and a statement of agreement that it will not engage in such practices in the future;

18 3. For an order reinstating Ronni Boskovich with retroactive back pay and benefits along

19 with an order requiring Nye County to negotiate with the NCMEA;

20 III

21 III

22 III

23 III

24 III

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 1 4. For attorney's fees and costs;

2 5. And for such other and further relief as determined to be appropriate by this Board.

3 DATED this ~Ioayof April, 2019

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II

6 DAN EL MARKS, ESQ.

Nevada State Bar No. 002003
7 ADAM LEVINE, ESQ.
Nevada State Bar No. 004673
8 610 S. Ninth Street
Las Vegas, Nevada 89101
9 Attorney for Complainants

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