[Rev. 11/21/2013 12:36:06 PM--2013]

CHAPTER 614 - ORGANIZED LABOR AND LABOR DISPUTES

MEDIATION AND ARBITRATION OF LABOR DISPUTES

NRS 614.010           Governor to attempt amicable settlement of labor dispute on request of either party; appointment of commission; arbitration.

NRS 614.020           Board of arbitration: Selection; majority may make valid award.

NRS 614.030           Written submission of controversy to board of arbitration: Contents and stipulations.

NRS 614.040           Award: Operation; judgment; exceptions; appeal to Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 614.040           Award: Operation; judgment; exceptions; appeal to appellate court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 614.050           Powers of arbitrators: Oaths; subpoenas.

NRS 614.060           Agreement of arbitration to be acknowledged; copies filed with county recorder and Governor; duties of Secretary of State and Governor.

NRS 614.070           Compensation of arbitrators.

NRS 614.080           Unlawful acts during pendency of arbitration and within 3 months after award; liability for damages.

REPRESENTATION OF ADVERSARY PARTIES IN LABOR DISPUTES

NRS 614.090           Declaration of public policy.

NRS 614.100           Denial of right of representation unlawful.

NRS 614.110           Penalty.

NOTICE OF STRIKES

NRS 614.120           Circulation of notice of strike: Conditions and signatures; copy to be furnished Labor Commissioner.

NRS 614.130           Penalty.

MISCELLANEOUS PROVISIONS

NRS 614.140           Bribery of labor representative unlawful.

NRS 614.150           Penalty for labor representative asking for or receiving bribe.

NRS 614.160           Picketing: Unlawful acts; acceptable acts; local variance; penalty.

NRS 614.170           Draft of proposed changes to contract must be submitted in writing before members vote on contract.

NRS 614.180           Election to require local administration of plan providing health, welfare, pension or other similar benefits to members of labor organizations.

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MEDIATION AND ARBITRATION OF LABOR DISPUTES

      NRS 614.010  Governor to attempt amicable settlement of labor dispute on request of either party; appointment of commission; arbitration.

      1.  Whenever a controversy concerning wages, hours of labor, or conditions of employment shall arise between an employer and his or her employees, seriously interrupting or threatening to interrupt the business of the employer, the Governor shall, upon the request of either party to the controversy, with all practicable expedition, put himself or herself in communication with the parties to such controversy, and shall use his or her best efforts, by mediation and conciliation, to settle the same amicably. The Governor may either exercise such powers of conciliation himself or herself or appoint a commission for such purpose.

      2.  If such efforts of conciliation shall be unsuccessful, the Governor shall at once endeavor to bring about an arbitration of such controversy in accordance with the provisions of NRS 614.010 to 614.080, inclusive.

      [1:181:1907; RL § 1929; NCL § 2763]

      NRS 614.020  Board of arbitration: Selection; majority may make valid award.

      1.  Whenever a controversy shall arise between an employer and his or her employees which cannot be settled by mediation and conciliation in the manner provided in NRS 614.010, such controversy may, with the consent of the parties to the controversy, be submitted to the arbitration of a board of three persons who shall be chosen in the following manner. One shall be named by the employer directly interested, and one shall be named by the labor organization to which the employees directly interested belong, or if they belong to more than one, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations. The two thus chosen shall select the third commissioner of arbitration. In the event of their failure to name such arbitrator within 5 days after their first meeting, the three arbitrators shall be named by the Governor.

      2.  A majority of the arbitrators shall be competent to make a binding and valid award under the provisions of NRS 614.010 to 614.080, inclusive.

      [Part 2:181:1907; RL § 1930; NCL § 2764]

      NRS 614.030  Written submission of controversy to board of arbitration: Contents and stipulations.  The submission shall:

      1.  Be in writing.

      2.  Be signed by the employer and by the labor organization or organizations representing the employees.

      3.  Specify the time and place of meeting of such board of arbitration.

      4.  State the questions to be decided.

      5.  Contain appropriate provisions by which the respective parties shall stipulate as follows:

      (a) That the board of arbitration shall commence its hearings within 10 days from the date of the appointment of the third arbitrator, and shall find and file its award within 30 days from the date of the appointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall not be changed; but that no employee shall be compelled to render personal service without his or her consent.

      (b) That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators, shall be filed in the clerk’s office of the district court for the county wherein the controversy arises or the arbitration is entered into, and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record.

      (c) That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit; but that no injunction or other legal process shall be issued which shall compel the performance by any laborer against his or her will of a contract for personal labor or service.

      (d) That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of 3 months from and after the making of such award without giving 30 days’ notice in writing of their intention so to quit; nor shall the employer dissatisfied with such award dismiss any employee or employees on account of such dissatisfaction before the expiration of 3 months from and after the making of such award without giving 30 days’ notice in writing of his or her intention so to discharge.

      (e) That the award shall continue in force as between the parties thereto for the period of 1 year after the same shall go into practical operation, and no new arbitration upon the same subject between the same employer and the same class of employees shall be had until the expiration of such 1 year if the award is not set aside as provided.

      [Part 2:181:1907; RL § 1930; NCL § 2764]

      NRS 614.040  Award: Operation; judgment; exceptions; appeal to Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The award being filed in the clerk’s office of the district court, as provided in NRS 614.030, it shall go into practical operation and judgment shall be entered thereon accordingly at the expiration of 10 days from such filing, unless within such 10 days either party shall file exceptions thereto for matter of law apparent on the record, in which case the award shall go into practical operation and judgment shall be entered accordingly when such exceptions shall have been finally disposed of either by the district court or on appeal therefrom.

      2.  At the expiration of 10 days from the decision of the district court upon exception taken to the award as stated in subsection 1, judgment shall be entered in accordance with the decision, unless during the 10 days either party shall appeal therefrom to the Supreme Court of the State of Nevada. In such case only such portion of the record shall be transmitted to the Supreme Court as is necessary to a proper understanding and consideration of the questions of law presented by the exceptions and to be decided.

      3.  The determination of the Supreme Court upon the questions shall be final, and, being certified by the clerk thereof to the district court, judgment pursuant thereto shall thereupon be entered by the district court.

      4.  If exceptions to an award are finally sustained, judgment shall be entered setting aside the award, but in such case the parties may agree upon a judgment to be entered disposing of the subject matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon an award.

      [3:181:1907; RL § 1931; NCL § 2765]

      NRS 614.040  Award: Operation; judgment; exceptions; appeal to appellate court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      1.  The award being filed in the clerk’s office of the district court, as provided in NRS 614.030, it shall go into practical operation and judgment shall be entered thereon accordingly at the expiration of 10 days from such filing, unless within such 10 days either party shall file exceptions thereto for matter of law apparent on the record, in which case the award shall go into practical operation and judgment shall be entered accordingly when such exceptions shall have been finally disposed of either by the district court or on appeal therefrom.

      2.  At the expiration of 10 days from the decision of the district court upon exception taken to the award as stated in subsection 1, judgment shall be entered in accordance with the decision, unless during the 10 days either party shall appeal therefrom to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court of the State of Nevada pursuant to Section 4 of Article 6 of the Nevada Constitution. In such case only such portion of the record shall be transmitted to the appellate court of competent jurisdiction as is necessary to a proper understanding and consideration of the questions of law presented by the exceptions and to be decided.

      3.  The determination of the appellate court of competent jurisdiction upon the questions shall be final, and, being certified by the clerk thereof to the district court, judgment pursuant thereto shall thereupon be entered by the district court.

      4.  If exceptions to an award are finally sustained, judgment shall be entered setting aside the award, but in such case the parties may agree upon a judgment to be entered disposing of the subject matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon an award.

      [3:181:1907; RL § 1931; NCL § 2765]—(NRS A 2013, 1793, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 614.050  Powers of arbitrators: Oaths; subpoenas.  For the purposes of NRS 614.010 to 614.080, inclusive, the arbitrators therein provided for, or either of them:

      1.  Shall have power to administer oaths and affirmations, sign subpoenas, require the attendance and testimony of witnesses, and require the production of such books, papers, contracts, agreements and documents material to a just determination of the matters under investigation as may be ordered by the courts; and

      2.  May invoke the aid of the courts to compel witnesses to attend and testify, and to produce such books, papers, contracts, agreements and documents as the courts shall determine to be material and competent evidence.

      [4:181:1907; RL § 1932; NCL § 2766]

      NRS 614.060  Agreement of arbitration to be acknowledged; copies filed with county recorder and Governor; duties of Secretary of State and Governor.

      1.  Every agreement of arbitration under NRS 614.010 to 614.080, inclusive, shall be acknowledged by the parties before a notary public or the clerk of a district court of the State. When so acknowledged a copy of the same shall be filed with and recorded by the county recorder of the county in which the arbitration is entered into, and a copy shall also be sent to the Governor, who shall file the same in the Office of the Secretary of State.

      2.  The Secretary of State shall cause a notice in writing to be served upon the arbitrators, fixing the time and place for a meeting of the board, which meeting shall be within 15 days from the execution of the agreement of arbitration.

      3.  The Governor shall decline to call a meeting of the arbitrators under such agreement unless it shall be shown to his or her satisfaction that the employees signing the submission represent or include a majority of all the employees in the service of the same employer and of the same grade and class, and that an award pursuant to such submission can justly be regarded as binding upon all such employees.

      [5:181:1907; RL § 1933; NCL § 2767]

      NRS 614.070  Compensation of arbitrators.  The agreement of arbitration shall provide for the compensation of arbitrators and their traveling and other necessary expenses.

      [7:181:1907; RL § 1935; NCL § 2769]

      NRS 614.080  Unlawful acts during pendency of arbitration and within 3 months after award; liability for damages.

      1.  During the pendency of arbitration under NRS 614.010 to 614.080, inclusive, it shall not be lawful:

      (a) For the employer, a party to such arbitration, to discharge the employees, parties thereto, except for inefficiency, violation of law or neglect of duty.

      (b) For the organization representing such employees to order, or for the employees to unite in, aid or abet strikes against the employer.

      2.  During a period of 3 months after an award under such an arbitration, it shall not be lawful:

      (a) For such employer to discharge any such employees, except for the causes stated in paragraph (a) of subsection 1, without giving 30 days’ written notice of an intent so to discharge.

      (b) For any of such employees, during a like period, to quit the service of the employer without just cause, without giving to the employer 30 days’ written notice of an intent so to do, or for the organization representing such employees to order, counsel or advise otherwise.

      3.  Any violation of this section shall subject the offending party to liability for damages.

      4.  Nothing herein contained shall be construed to prevent any employer, a party to such arbitration, from reducing the number of his, her or its employees whenever in the employer’s judgment business necessities require such a reduction.

      [6:181:1907; RL § 1934; NCL § 2768]

REPRESENTATION OF ADVERSARY PARTIES IN LABOR DISPUTES

      NRS 614.090  Declaration of public policy.  In the interpretation and application of this section and NRS 614.100 and 614.110, the public policy of this state is declared as follows:

      1.  Negotiations of terms and conditions of labor should result from voluntary agreement between employer and employees. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers, the individual organized worker is helpless to exercise actual liberty of contract and to protect his or her freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore, it is necessary that the individual worker have full freedom of association, self-organization, and designation of representatives of the worker’s own choosing to negotiate the terms and conditions of his or her employment, and that the worker shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

      2.  The employers have enjoyed these rights for ages and now enjoy the right to negotiate with their employees and prospective employees through agencies and representatives of their own choosing. The workers should enjoy the same right and should be accorded the same privilege in protecting and providing for their most valuable asset, the labor of their brain and brawn, as is accorded the employers in the protection and enhancement of their property rights in their industries and affairs. Mutuality of conduct in the negotiations between the employers and workers concerning wage agreements, working conditions and all other matters connected with the employment of human beings in industry of any kind is essential to the welfare of both and to the industrial peace of the community, State and Nation.

      [1:206:1937; 1931 NCL § 2825.31]

      NRS 614.100  Denial of right of representation unlawful.  It shall be unlawful for any employer, or any association or combination of employers of labor, in this State, or any worker, laborer, association, organization or combination of workers or laborers in this State, or any officer or officers, agent or agents, attorney or attorneys, or any other person or persons whatsoever representing any such employer or association or combination of employers or representing any such worker or laborer or association, organization or combination of workers or laborers, to deny or cause to be denied, or to prevent or cause to be prevented, in any hearing, meeting or conference between any such employer or employers and any such workers or laborers, or any combination thereof, wherein wage negotiations, wage disputes, working conditions, matters of discipline, or any other matter or matters may be the subject of any such hearing, meeting or conference, the right of representation thereat by a person or persons chosen by the adversary party or parties then and there engaged in such hearing, meeting or conference to act as its or their representative or representatives, and any such person or persons so chosen shall be recognized and accorded the right to represent at such hearing, meeting or conference the party or parties so choosing such representative person or persons and present and submit the views, contentions and demands thereof.

      [2:206:1937; 1931 NCL § 2825.32]

      NRS 614.110  Penalty.  Any person, firm, association, combination of persons, organization or corporation, or any officer, agent, servant, employee or attorney thereof, violating the provisions of NRS 614.090 and 614.100 shall be guilty of a misdemeanor.

      [3:206:1937; 1931 NCL § 2825.33]—(NRS A 1967, 636)

NOTICE OF STRIKES

      NRS 614.120  Circulation of notice of strike: Conditions and signatures; copy to be furnished Labor Commissioner.

      1.  It is unlawful for any person, firm or association to issue, cause to be issued, circulate or cause to be circulated any printed or written matter notifying or advising the public or any organization by mail, or hand to hand, that a strike exists or is called in any place within the State of Nevada, unless the circular, letter or notice so issued shall contain the signatures of at least three persons who at the time of signing the circular were residents and citizens of the State for a period of 6 months.

      2.  A copy of the same shall be furnished the Labor Commissioner.

      [1:151:1923; NCL § 2788]

      NRS 614.130  Penalty.  Any person violating the provisions of NRS 614.120 shall be guilty of a misdemeanor.

      [2:151:1923; NCL § 2789]—(NRS A 1967, 636)

MISCELLANEOUS PROVISIONS

      NRS 614.140  Bribery of labor representative unlawful.  Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any duly constituted representative of a labor organization, with intent to influence the representative in respect to any of his or her acts, decisions or other duties as such representative, or to induce the representative to prevent or cause a strike by the employees of any person or corporation, shall be guilty of a gross misdemeanor.

      [1911 C&P 529; RL § 6794; NCL § 10475]

      NRS 614.150  Penalty for labor representative asking for or receiving bribe.  Every person who, being the duly constituted representative of a labor organization, shall ask for or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon any agreement or understanding that any of his or her acts, decisions or other duties as such representative, or that any act to prevent or cause a strike of the employees of any person or corporation, shall be influenced thereby, shall be guilty of a gross misdemeanor.

      [1911 C&P § 530; RL § 6795; NCL § 10476]

      NRS 614.160  Picketing: Unlawful acts; acceptable acts; local variance; penalty.

      1.  During the pendency of a strike, work stoppage or other dispute, it is unlawful for any person:

      (a) To picket on private property without the written permission of the owner or pursuant to an order from a federal court or agency of competent jurisdiction, even if the private property is open to the public as invitees for business, except that an employee may enter or leave his or her employer’s property in the course of his or her employment or for the purpose of receiving payment for services performed;

      (b) To maintain any picket or picket line, individually or as part of a group, in front of or across entrances to or exits from any property, except that the following numbers of pickets may be maintained across entrances or exits if the pickets do not narrow or block the entrances or exits or delay, impede or interfere with the ability of persons or vehicles to enter or leave the property:

             (1) Two pickets at pedestrian entrances and exits;

             (2) Two pickets at driveway entrances and exits 20 feet or less in width; and

             (3) Six pickets at driveway entrances and exits more than 20 feet in width;

      (c) Knowingly to threaten, molest, assault, or in any manner physically touch the person, clothing or vehicle of any person attempting to enter or leave any property, including employees, agents, contractors, representatives, guests, customers or others doing or attempting to do business with the owner or occupant;

      (d) Intentionally to operate a motor vehicle so as to delay, impede or interfere with the ability of persons or vehicles to enter or leave any property;

      (e) To use language or words threatening to do harm to a person or the property of the person or designed to incite fear in any person attempting to enter or leave any property; or

      (f) Knowingly to spread, drop, throw or otherwise knowingly to disperse nails, tacks, staples, glass or other objects in the entrances to or exits from any property.

      2.  Any persons participating in a strike, work stoppage or other dispute may picket on the public sidewalks or other public areas between entrances and exits to any property if the pickets maintain a distance of 30 feet from each person or group of two persons to the next person or group and no more than two persons walk abreast.

      3.  Persons who picket any property may congregate in groups of 10 or fewer to confer with their captain at reasonable times or to obtain food and drink at reasonable times, but shall not so congregate within 30 feet of any entrance or exit.

      4.  Each county shall adopt by ordinance a procedure by which it may grant a variance from the provisions of paragraph (b) of subsection 1.

      5.  Any person who violates the prohibitions of this section or of a variance granted pursuant to subsection 4 is guilty of a misdemeanor. This section does not preclude civil action or additional criminal prosecution based upon acts which are prohibited by this section.

      (Added to NRS by 1985, 2183)

      NRS 614.170  Draft of proposed changes to contract must be submitted in writing before members vote on contract.  The draft of the proposed changes to a contract reached through collective bargaining between a labor organization and an employer must be submitted in writing by the labor organization to the organization’s membership who attend the meeting for ratification before the members vote to accept or reject the contract.

      (Added to NRS by 1985, 1921)

      NRS 614.180  Election to require local administration of plan providing health, welfare, pension or other similar benefits to members of labor organizations.

      1.  The Legislature hereby declares that:

      (a) Employees who are members of labor organizations are entitled to reasonable assurances that money they contribute for plans which provide health, welfare, pension or other similar benefits is being used for the intended purpose.

      (b) Local labor organizations cannot control the use of money contributed for such plans if the plans are managed and operated in another state for labor organizations of which the local organization is an affiliate.

      (c) A local labor organization should be entitled to require local administration of such plans if the organization so elects.

      2.  Nothing in this section:

      (a) Relates to any plan for providing the benefits described in paragraph (a) of subsection 1. This section relates only to the determination by a local labor organization to establish a locally administered plan for its members.

      (b) Purports to impair any obligation under an existing contract.

      3.  A labor organization whose members are employed in this state may elect to require administration in this state of any plan for providing health, welfare, pension or other similar benefits for its members. If such a plan is being administered on behalf of an organization of which the local labor organization is an affiliate, the local organization may elect to discontinue its members’ contributions to the plan and establish a separate plan for its members which is administered by a trustee in this state.

      (Added to NRS by 1985, 657)