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BOMBARDIER TRANSP. v. NEVADA LABOR COMR.

No. 71101.

433 P.3d 248 (2019)

135 Nev. Adv. Opn. 3

BOMBARDIER TRANSPORTATION (HOLDINGS) USA, INC., Appellant, v. NEVADA LABOR COMMISSIONER; the International Union of Elevator Constructors; and Clark County, Respondents.

Supreme Court of Nevada.

FILED January 17, 2019.

Attorney(s) appearing for the Case

Jackson Lewis P.C. and Paul T. Trimmer and Gary C. Moss , Las Vegas, for Appellant.

Aaron Ford , Attorney General, Lawrence J.C. VanDyke , Solicitor General, and Robert E. Werbicky , Deputy Attorney General, Carson City, for Respondent Nevada Labor Commissioner.

Fisher & Phillips LLP and Holly E. Walker and Mark J. Ricciardi , Las Vegas, for Respondent Clark County.

McCracken, Stemerman & Holsberry, LLP, and Richard G. McCracken and Kimberley C. Weber , Las Vegas, for Respondent The International Union of Elevator Constructors.

BEFORE THE COURT EN BANC.

OPINION

In this appeal we must determine whether Nevada's prevailing wage law requirements apply to none or part of a maintenance contract for an airport shuttle system. Generally, work performed under a maintenance contract is not subject to prevailing wage requirements, as it does not qualify as "public...

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