Thelma Boucher, Ardith Ballard, Joseph W. Kennedy III and Local 226, Afl-Cio v. Dan Shaw, Michael Villamor, James Van Woerkom, Does 1-50
Opinion
Opinion
McKEOWN, J.
ORDER CERTIFYING A QUESTION TO THE SUPREME COURT OF NEVADA
ORDER
Pursuant to Rule 5 of the Nevada Rules of Appellate Procedure, we respectfully certify to the Nevada Supreme Court the question of law set forth in Section III of this order. This question of law will be determinative of a question pending before this court, and there is no clearly controlling precedent in the decisions of the Nevada Supreme Court.
We hold the issue concerning union standing and the Fair Labor Standards Act claim in abeyance pending the result of certification.
I. Background
The Castaways Hotel, Casino and Bowling Center (the “Castaways”) closed in January 2004. The plaintiffs in the present case are three former employees of the Castaways and the labor union that represented those employees. The individual plaintiffs, Ardith Ballard, Thelma Boucher and Joseph Kennedy III, seek to recover unpaid wages for themselves and for a class of Castaways employees. Ballard alleges that she has not been paid for the last pay period that she worked at the Castaways. Boucher alleges that she was not paid for the final pay period until two weeks after her employment was terminated. All three individual…