City of Mesquite v. Eighth Judicial District CourtAnnotate this Case
The Supreme Court granted the City of Mesquite's petition and issued a writ of mandamus instructing the district court to vacate its order denying the City's motion to dismiss a local government employee's complaint alleging both that the employer breached a collective bargaining agreement and that the union breached its duty of fair representation, holding that there was not basis to allow the employee to proceed on the fair-representation claim in the district court.
In denying the City's motion to dismiss the district court applied the six-year statute of limitations for contract claims. The City appealed, arguing that the claims were subject to a six-month limitations period under Nevada's Local Government Employee-Management Relations Act (EMRA) and federal labor law. The Supreme Court granted the City's petition for a writ of mandamus without reaching the statute of limitations questions, holding that there is no private cause of action to enforce a claim against a union for breach of the duty of fair representation in the first instance, but rather, the EMRA affords a local government employee an administrative process to bring such a claim.