School ruling prompts lawmaker to examine binding arbitration

CARSON CITY - An arbitrator's decision that could lead to hundreds of Clark County teacher layoffs has spurred a state legislator to again seek an end to the use of binding arbitration in collective bargaining.

But if Republicans don't take control of the state Senate in the November election, Sen. Michael Roberson, R-Las Vegas, said his effort will fail again.

Roberson wants to become Senate majority leader in 2013, and an arbitrator's decision Wednesday requiring the cash-strapped Clark County School District to continue teacher raises could become a campaign issue for legislators seeking re-election.

Clark County Superintendent Dwight Jones said he will be forced to lay off teachers this fall to fund the raises. The district, which faces a budget deficit, sought pay freezes from all employee groups. With the exception of the teachers union, all other district unions granted the concession.

If a large number of teachers retire or move away, the number of layoffs may be between 300 to 400.

Jones blamed the district's loss in arbitration on Nevada's system, which he said favors unions. State law allows local governments and union groups to agree to submit their dispute to a fact finder and to accept the fact finder's determination as final and binding.

In this case, the Clark County Education Association, which represents district teachers, stalled an arbitration decision for so long that the call on raises for the 2011-12 school year wasn't made until Wednesday, a month before school ends, Jones said. The district is legally required to pay raises until a new contract is signed that would say otherwise.

"The arbitrator basically said, 'You've paid (raises) all year. You can pay for two more months,' " said Jones, who now must start negotiating with the union for 2012-13. "My guess is we're back in the same game because they got rewarded for playing it."

Roberson will reintroduce bills next year to end binding arbitration and allow school boards to make the final decisions on salary increases for employees. His proposal would allow the Clark County Commission and other elected bodies to have the final say on salaries.

"This is not an attack on unions but a common sense proposal," Roberson said. "What happened Wednesday is a perfect example of why it is needed. You have to put full blame on the teacher unions."

During last year's legislative session when Democrats controlled both houses, his bills to end the use of binding arbitration received no consideration. Sen. Mo Denis, D-Las Vegas, still opposes ending binding arbitration in the 2013 session.

Denis does not believe most citizens support Roberson's plans. Democrats now control the Senate by an 11-10 margin and the Assembly by 26-16.

"This comes back to the fact that we are not properly funding education," added Denis, the probable Senate Democratic leader in 2013. "He (Roberson) was a 'no' vote last year when we voted on money for education. We need to put aside politics and do what is best for children. People see teachers and know they haven't had the resources they need to be successful in the job they do."

Lynn Warne, president of the Nevada State Education Association, said the arbitrator ruled for the teachers union, not for the Clark County School District, in part because the district has a $70 million reserve fund that would cover the salary increases.

"The district has the ability to pay, but just doesn't want to," she said.

Denis, a former state PTA president and chairman of the Senate Education Committee, agreed with Warne and wants Jones to search for ways to avoid teacher layoffs.

The school district's position has been that the $70 million reserve fund is the only money available to handle unforeseen emergencies and that all but $20 million has been committed .

The Legislature does not convene until February. Gov. Brian Sandoval could call a special session, but that is not going to happen. Press secretary Mary-Sarah Kinner said the governor has received requests to change collective bargaining laws but has not decided what to include in his legislative proposals.

Binding arbitration is a polarizing issue for Democrats and Republicans.

Like Denis, Assemblyman David Bobzien, D-Reno, believes the real problem is that the Legislature has failed to fund education adequately.

"Clearly we have more work to do next session so that districts aren't faced with these difficult decisions that result from constrained budgets," said Bobzien, chairman of the Interim Committee on Education and the Assembly Education Committee.

But Assemblyman Pat Hickey, R-Reno, said he has spoken with Jones and other superintendents, and they have told him binding arbitration is a problem.

Hickey, the potential Republican Assembly leader, said legislators must consider changes to binding arbitration.

Hickey said many teachers disagree with their union's stance and would accept freezing their current salaries as a way to avoid layoffs.

"With the support of teachers, we can look at ending binding arbitration," he said.

But Warne points to a 2006 study commissioned by the Legislature that found the state should be spending $1.3 billion more a year if all students are to meet requirements of the federal No Child Left Behind law. The Legislature gave scant attention to the recommendations.

The state now provides an average of $5,263 per pupil in support. That is near the bottom nationally. But counting all sources of revenue, including local support, Nevada students on average receive $9,084 in total support, according to a state Department of Education report.

Review-Journal writer Trevon Milliard contributed to this report. Contact reporter Ed Vogel at evogel@reviewjournal.com or 775-687-3901.