Hotel Employees & Restaurant Employees International Union v. State Ex Rel. Nevada Gaming Control Board

747 P.2d 878, 103 Nev. 588, 1987 Nev. LEXIS 1880, 130 L.R.R.M. (BNA) 2653
CourtNevada Supreme Court
DecidedDecember 29, 1987
Docket17168
StatusPublished
Cited by19 cases

This text of 747 P.2d 878 (Hotel Employees & Restaurant Employees International Union v. State Ex Rel. Nevada Gaming Control Board) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hotel Employees & Restaurant Employees International Union v. State Ex Rel. Nevada Gaming Control Board, 747 P.2d 878, 103 Nev. 588, 1987 Nev. LEXIS 1880, 130 L.R.R.M. (BNA) 2653 (Neb. 1987).

Opinion

*589 OPINION

Per Curiam:

This appeal challenges the validity of the Nevada Gaming Commission’s Regulation 19, as applied to an international labor union. The Hotel Employees and Restaurant Employees International Union appeals from denial of injunctive and declaratory relief by the district court.

Regulation 19.040 requires the international union to file personnel information with the Nevada Gaming Commission, and presumably subjects international union personnel to disqualification under NRS 463A.040. Not only is the union required to file detailed information about personnel who have been directly or indirectly involved with Nevada gaming employees, but it must also give information about all its officers and policy makers. 1 Persons listed by the union are required to file detailed information about past labor activities, occupational history, past licensing, criminal record, and any subpoenas to appear before an investigative body. Reg. 19.050. It is mandatory that the president and secretary-treasurer of the international comply with the personal reporting requirement. Reg. 19.060. Other policy makers who have had nothing to do with Nevada gaming employees, as well as clerical and ministerial employees, can be exempted from the personal reporting requirement if the union files a certified list. Id. Failure to comply with reporting requirements is grounds for disqualification. Reg. 19.050(3).

*590 Regulation 19 was promulgated in 1985 to implement NRS 463A which sets forth a process for determining the suitability of persons who perform key functions in the representation of gaming employees. The international union contends Regulation 19 exceeds the authority of the Gaming Commission because NRS 463A was not intended to apply to international unions. We agree.

Under the statutory scheme, “every labor organization which represents gaming casino employees” in the state is required to file a list of persons whose suitability is to be scrutinized. These include (1) persons directly involved in employer-employee relations, i.e., persons who adjust grievances or negotiate or administer wages, hours, working conditions or conditions of employment, (2) persons who solicit or collect money for the organization, and (3) persons in supervisory or policy making positions. NRS 463.030(1). Listed persons are required to file fingerprints and a personal history with the Commission. NRS 463A.030(2). The Commission may disqualify any person from his labor organization functions for crimes of moral turpitude, dishonesty in connection with the filing, questionable integrity, or association with criminal elements. NRS 463A.040. A labor union that allows a disqualified person to continue in his position may be enjoined, fined, or disqualified. NRS 463A.250.

The international union argues that Regulation 19.040 exceeds the scope of NRS 463A because the requirement that “every labor organization which represents gaming casino employees in this state” file is directed only at organizations that “represent” employees in collective bargaining, and not the international unions. 2 The Gaming Commission argues international unions *591 that are “labor organizations” within the meaning of the statute are subject to the requirement because the word “represents” is only part of a clause limiting the geographical scope of the legislation. 3 Alternatively, the Commission argues “represents” should be given the broad meaning of “spokesman for.” Oxford American Dictionary (1980).

Words in a statute should be given their plain meaning unless this violates the spirit of the act. McKay v. Board of Supervisors, 102 Nev. 644, 648, 730 P.2d 438, 441 (1986). When a statute is clear on its face a court may not go beyond the language of the statute in determining the legislature’s intent. Id. However, both parties make plausible arguments about the meaning of “represents.” When either of the interpretations proffered by the parties can be reasonably drawn from the language of the statute, the statute is ambiguous and the plain meaning rule has no application. Id., 730 P.2d at 442.

Legislative intent can be determined by looking at the entire act and construing the statute as a whole in light of its purpose. Colello v. Administrator, Real Estate Division, 100 Nev. 344, 347, 683 P.2d 15, 16 (1984). The expressly stated purpose of the statute is a factor to be considered. Id. The legislative findings state that a procedure for determining the suitability of “any person who performs certain significant functions in the representation of gaming casino employees” was necessary to insure “that licensed gaming be conducted freely and honestly” and to protect the welfare of employees because “the relationship which exists between a labor organization and the employees whom it represents in collective bargaining is such that it may significantly affect the conduct of a gaming operation by an employer.” (Emphasis added.) NRS 463A.010. The use of “represents” in conjunction with “collective bargaining” in the stated purpose of the statute indicates the international’s interpretation of “represents” is correct.

Pursuant to another rule of statutory construction, an ambiguous statute can be construed “in line with what reason and public policy would indicate the legislature intended.” McKay v. Board *592 of Supervisors, supra, 102 Nev. at 644, 730 P.2d at 442. While we note the legislature found it necessary to monitor persons capable of asserting influence on Nevada gaming licensees, we cannot agree the scope of NRS 463A authorizes the Gaming Commission to inquire into matters concerning international union personnel who have nothing to do with Nevada gaming employees.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

CLARK CNTY. DEP'T. OF FAM. SERV. v. DIST. CT. (SHARP)
141 Nev. Adv. Op. No. 10 (Nevada Supreme Court, 2025)
Eller Media Co. v. City of Reno
59 P.3d 437 (Nevada Supreme Court, 2002)
Employers Insurance Co. of Nevada v. Chandler
23 P.3d 255 (Nevada Supreme Court, 2001)
State v. State Farm Mutual Automobile Insurance
995 P.2d 482 (Nevada Supreme Court, 2000)
Langon v. Washoe County
993 P.2d 718 (Nevada Supreme Court, 2000)
Lane v. Allstate Insurance
969 P.2d 938 (Nevada Supreme Court, 1998)
Anthony Lee R., a Minor v. State
952 P.2d 1 (Nevada Supreme Court, 1997)
Miller v. Warden, Nevada State Prison
921 P.2d 882 (Nevada Supreme Court, 1996)
Coty v. Washoe County
839 P.2d 97 (Nevada Supreme Court, 1992)
Neal v. Griepentrog
837 P.2d 432 (Nevada Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
747 P.2d 878, 103 Nev. 588, 1987 Nev. LEXIS 1880, 130 L.R.R.M. (BNA) 2653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hotel-employees-restaurant-employees-international-union-v-state-ex-rel-nev-1987.