Las Vegas Review-Journal

A lose-lose in arbitratio­n

District on the hook again for award

- Patrick Donnelly Las Vegas Jay Friedman Las Vegas

Another unelected, unaccounta­ble, out-of-state arbitrator has punched local taxpayers in the mouth. The result could be a $51 million hit for the Clark County School District and again highlights the need for Nevada lawmakers to reform the collective bargaining process.

On Friday, arbitrator Mario Bognanno, a professor emeritus at the University of Minnesota’s Carlson School of Management, sided with the Clark County Education Associatio­n in a nine-month contract dispute with the district. The decision will cost the district $13 million this fiscal year and $38.5 million the next in pay hikes and increased health care contributi­ons.

The ruling comes just months after the district faced a round of budget adjustment­s brought on, in part, by a separate arbitrator’s decision granting raises to school administra­tors. Neverthele­ss, Mr. Bognanno waved his hand and decreed that the district must now meet the teacher union’s demands simply because the trustees have the “flexibilit­y to transfer money” between accounts, and its tiny ending funding balance of $18 million — barely three days of operating expenses — amounts to “available” money.

“The arbitrator concludes,” Mr. Bognanno wrote, “that the district has the ‘ability to pay’.”

And that’s it. One man halfway across the country has the ultimate power to set budgetary policy for the Clark County School District, and there’s nothing anybody can do about it.

The district does have the right to appeal, of course, but that would be costly, and there’s no guarantee of success. A better approach would be for district lobbyists to push for reform at the 2019 legislativ­e session.

Collective bargaining and binding arbitratio­n for public employees is a consistent loser for taxpayers. The process puts government at both sides of the negotiatin­g table and undermines any incentive for compromise by tossing the matter into the hands of an unaccounta­ble third party in case of an impasse. Meanwhile, the arbitrator is bound by state statutes which codify that the taxpayers lose if the government agency has the “ability to pay” — a standard that can be construed to justify virtually anything.

The process also provides cover for government negotiator­s by allowing them to point the finger at an arbitrator in place of taking responsibi­lity for a bad deal.

“The incoming money is not there to support this,” said School Board President Deanna Wright of Mr. Bognanno’s decision. “If we take it from the ending fund balance or we have to make more cuts or a combinatio­n, it’s a lose-lose.”

It’s time to change this rigged system. If Nevada lawmakers truly represent the taxpayers, they’ll make collective bargaining reform a priority when they reconvene in Carson City next year.

The views expressed above are those of the Las Vegas Review-journal. All other opinions expressed on the Opinion and Commentary pages are those of the individual artist or author indicated.

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Fax 702-383-4676 and a healthy Muddy River, but also people, who can now enjoy this beautiful area.

The writer is Nevada state director of the Center for Biological Diversity. arrangemen­t? If every car carries six passengers, that’s 12,000 people. Where are the other 53,000 people going to park? What a scam.

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