Unions push for passage of lockout protection bill

The bill stems from a six-week lockout early last year involving about 650 workers at a Merck drug distribution facility in Henderson, said Danny Thompson, head of the Nevada AFL-CIO.

He said the state Division of Employment Insurance denied the workers’ applications for unemployment benefits, saying that locked-out workers were involved in a “labor dispute,” making them ineligible.

The unprecedented ruling left the workers with nowhere to turn because federal law prevents them from tapping into union strike funds, Thompson said in urging the Senate Commerce and Labor Committee to pass Assembly Bill 494, which would clarify that locked-out workers may collect unemployment benefits.

The bill passed the Democrat-controlled Assembly in April on a mostly party-line 28-14 vote, with all but one Republican voting against the bill. Republicans control the Senate by a narrow 11-10 margin.

“You have to think of the repercussions for these families,” said Pat Sanderson, a lobbyist for the Laborers International Union. “If you lock these people out for a long time, they wind up losing their homes, their vehicles and their way to make a living.”

Lockouts occur when employers prevent workers from going to their jobs, sometimes as a tactic to apply pressure during negotiations. That’s what occurred at Merck’s Henderson facility, Thompson said.

George Ross, a lobbyist for the Las Vegas Chamber of Commerce, opposed the bill, saying that labor law and unemployment law should be kept apart. Lawmakers shouldn’t disrupt the balance of power between labor and management, a balance that has worked well for working people and the economy as a whole, he said.

“We have one of the most thriving economies in the country,” Ross said. “We also have probably the strongest, most effective labor movement. That’s something very different than the rest of the country.”

Bob Ostrovsky, representing the Nevada Resort Association, a group of the state’s major hotel-casinos, took no position on the bill but pointed out that strikes and lockouts alike are enormously powerful. “These are terrible decisions that have to be made,” Ostrovsky said. “They have huge implications for employers, customers, investors and the health of your business.”

Sen. Maggie Carlton, D-Las Vegas, who also is a waitress and union activist, said that unlike striking workers, locked-out workers have no choice in the matter.

“I’ve been part of a couple of strike votes,” Carlton said. “That’s my choice. But when the employer uses (a lockout) as a tool in a negotiation, that’s where I think it’s wrong. I view lockouts as part of that economic warfare.”