Justia Labor & Employment Law Opinion Summaries

Articles Posted in Nevada Supreme Court
Appellant Lazario Ruiz was a City of North Las Vegas police officer. While off duty, Appellant got into an argument with his brother and a business associate. An investigation was launched. Based on what it perceived to be a lack of truthfulness and unprofessional conduct, the North Las Vegas Police Department (NLVPD) terminated Appellantâs employment. Following his termination and pursuant to a collective bargaining agreement (CBA), the police Union filed a grievance on behalf of Appellant. The Unionâs grievance asserted several specific violations of Appellantâs rights from the interview the NLVPD conducted. The grievance was sent to arbitration pursuant to the CBA. After a hearing, the arbitrator concluded that the NLVPD had just cause to terminate Appellant. The Union then assigned its right to challenge the arbitratorâs decision back to Appellant, and Appellant individually petitioned the district court to vacate the decision. The City moved to dismiss, arguing that Appellantâs right to challenge the arbitratorâs decision was not assignable. The City argued that Appellant lacked standing to bring a lawsuit since it was the Union who was a party to the arbitration, and not Appellant. The district court dismissed Appellantâs case, and Appellant appealed to the Supreme Court. After a careful review of the CBA, the Supreme Court concluded that Appellant did have standing to sue the City in district court following arbitration. The Court reversed the district courtâs judgment and remanded the case for further proceedings.