The City of Mesquite asked the Court to determine which statute of limitations (“SOL”) applies to a local government employee's complaint alleging both that the employer breached the collective bargaining agreement and that the union breached its duty of fair representation. The City argued that the claims are subject to a six-month limitations period under Nevada’s Local Government Employee-Management Relations Act (“EMRA”). The Court declined to answer the question. Instead, it clarified 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, exclusive original jurisdiction over a claim against a union for breach of the duty of fair representation is vested in the Employee-Management Relations Board (“EMRB”), and the district courts only have jurisdiction to review the EMRB’s decision.
Lawter, Dylan, "City of Mesquite v. Eighth Jud. Dist. Ct., 135 Nev., Adv. Op. 33" (2019). Nevada Supreme Court Summaries. 1246.