[Rev. 11/17/2020 11:13:17 AM--2020R1]

CHAPTER 288 - RELATIONS BETWEEN GOVERNMENTS AND PUBLIC EMPLOYEES

GENERAL PROVISIONS

NRS 288.010           Short title.

NRS 288.015           Definitions.

NRS 288.020           Definitions. [Replaced in revision by NRS 288.131.]

NRS 288.025           “Administrative employee” defined. [Replaced in revision by NRS 288.132.]

NRS 288.027           “Bargaining agent” defined. [Replaced in revision by NRS 288.133.]

NRS 288.028           “Bargaining unit” defined. [Replaced in revision by NRS 288.134.]

NRS 288.029           “Board” defined.

NRS 288.030           “Board” defined. [Repealed.]

NRS 288.032           “Collective bargaining” defined.

NRS 288.033           “Collective bargaining” defined. [Repealed.]

NRS 288.034           “Commissioner” defined. [Repealed.]

NRS 288.036           “Commissioner” defined.

NRS 288.040           “Employee organization” defined.

NRS 288.042           “Executive Department” defined.

NRS 288.044           “Fact-finding” defined.

NRS 288.045           “Fact-finding” defined. [Repealed.]

NRS 288.048           “Labor organization” defined.

NRS 288.050           “Local government employee” defined.

NRS 288.060           “Local government employer” defined.

NRS 288.063           “Mediation” defined. [Repealed.]

NRS 288.065           “Mediation” defined.

NRS 288.067           “Recognition” defined. [Replaced in revision by NRS 288.136.]

NRS 288.070           “Strike” defined. [Repealed.]

NRS 288.074           “Strike” defined.

NRS 288.075           “Supervisory employee” defined. [Replaced in revision by NRS 288.138.]

GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD

NRS 288.080           Creation; number, qualifications, terms of office and appointment of members.

NRS 288.090           Officers and employees; quorum; voting; limitations on certain meetings.

NRS 288.100           Salary and expenses of members.

NRS 288.105           Fees assessed against local government employers. [Replaced in revision by NRS 288.139.]

NRS 288.110           Rules governing various proceedings and procedures; hearing and order; injunction; time for filing complaint or appeal; costs.

NRS 288.115           Expedited review of complaints concerning rights of employees to express breast milk under certain circumstances.

NRS 288.120           Subpoenas; powers of district court.

NRS 288.130           Hearings and determinations are contested cases; judicial review.

LOCAL GOVERNMENT EMPLOYERS

General Provisions

NRS 288.131           Definitions.

NRS 288.132           “Administrative employee” defined.

NRS 288.133           “Bargaining agent” defined.

NRS 288.134           “Bargaining unit” defined.

NRS 288.136           “Recognition” defined.

NRS 288.138           “Supervisory employee” defined.

 

Fees

NRS 288.139           Fees assessed against local government employers.

 

Employee Organizations and Collective Bargaining

NRS 288.140           Right of employee to join or refrain from joining employee organization; exceptions; discrimination by employer prohibited; limitations on nonmember acting on own behalf; membership of law enforcement officer.

NRS 288.150           Negotiations by employer with recognized employee organization: Subjects of mandatory bargaining; matters reserved to employer without negotiation; reopening of collective bargaining agreement during period of fiscal emergency; termination or reassignment of employees of certain schools.

NRS 288.151           Reduction in workforce of school district.

NRS 288.153           Agreement must be approved at public hearing; publication of documents and materials by governing body; report of fiscal impact of agreement.

NRS 288.155           Agreements may extend beyond term of member or officer of local government employer.

NRS 288.160           Recognition of employee organization: Application for and withdrawal of recognition; exclusive bargaining agent; election.

NRS 288.161           Local government employer to file list of recognized employee organizations with Board.

NRS 288.165           Recognized employee organization to file annual report with Board.

NRS 288.170           Determination of bargaining unit; appeal to Board.

NRS 288.180           Notice by employee organization of desire to negotiate; request for information; commencement of negotiations; exemption.

NRS 288.190           Mediation: Selection and duties of mediator; cost.

NRS 288.195           Right of employee organization to be represented by attorney.

NRS 288.200           Submission of dispute to fact finder: Selection, compensation and duties of fact finder; effect of findings and recommendations; criteria for recommendations and awards.

NRS 288.201           Request for formation of panel to determine whether findings and recommendations of fact finder are final and binding.

NRS 288.202           Formation of panel to determine whether findings and recommendations of fact finder are final and binding.

NRS 288.203           Compensation of members of panel; claims.

NRS 288.205           Submission of dispute between certain employees and local government employer to fact finder: Time limited for certain matters.

NRS 288.210           Subpoenas of fact finder; powers of district court.

NRS 288.215           Submission of dispute between firefighters or police officers and local government employer to arbitrator: Hearing; determination of financial ability of local government employer; negotiations and final offer; effect of decision of arbitrator; content of decision.

NRS 288.217           Submission of dispute between school district and employee organization to arbitrator: Selection of arbitrator; hearing; determination of financial ability of school district; negotiations and final offer; effect of decision of arbitrator; content of decision.

NRS 288.220           Certain proceedings not required to be open or public.

 

Certain Employment Practices

NRS 288.225           Employee leave for time spent performing duties or providing services for employee organization. [Repealed.]

 

Illegal Strikes

NRS 288.230           Legislative declaration; illegality of strikes. [Replaced in revision by NRS 288.700.]

NRS 288.240           Injunctive relief against strike or threatened strike. [Replaced in revision by NRS 288.705.]

NRS 288.250           Punishment of employee organization, officer or employee by court for commencement or continuation of strike in violation of order. [Replaced in revision by NRS 288.710.]

NRS 288.260           Punishment of employee by employer for commencement or continuation of strike or violation in violation of court’s order. [Replaced in revision by NRS 288.715.]

 

Prohibited Practices

NRS 288.270           Employer or representative; employee or employee organization.

NRS 288.280           Controversies concerning prohibited practices to be submitted to Board.

EXECUTIVE DEPARTMENT OF STATE GOVERNMENT

General Provisions

NRS 288.400           Legislative findings and declarations.

NRS 288.405           Definitions.

NRS 288.410           “Arbitration” defined.

NRS 288.415           “Bargaining unit” defined.

NRS 288.420           “Confidential employee” defined.

NRS 288.425           “Employee” defined.

NRS 288.430           “Exclusive representative” defined.

NRS 288.435           “Grievance” defined.

 

Fees

NRS 288.475           Fees assessed against Executive Department.

 

Labor Organizations and Collective Bargaining

NRS 288.500           Rights of employees; mutual obligations to meet and bargain in good faith; subjects of mandatory bargaining; matters reserved to Executive Department without negotiation; other authorized actions; furnishing data; applicability of certain decisions of Board.

NRS 288.505           Requirements for collective bargaining agreements; procedures for grievances; rules governing conflicts between agreements and statutes and regulations.

NRS 288.510           Authority of Governor regarding salaries, wages and other employee compensation included in proposed executive budget.

NRS 288.515           Establishment of bargaining units; classifications of employees within bargaining units.

NRS 288.520           Requirements for designating labor organization as exclusive representative for bargaining unit without holding election.

NRS 288.525           Requirements for designating labor organization as exclusive representative for bargaining unit following election.

NRS 288.530           Procedures for holding election to determine exclusive representative for bargaining unit.

NRS 288.535           Duties of Board in presiding over election to determine exclusive representative for bargaining unit; objections to results of election; grounds for invalidating election.

NRS 288.540           Duties of exclusive representative for bargaining unit; rights of employees and exclusive representative regarding grievances; labor organization may serve as exclusive representative for multiple bargaining units.

NRS 288.545           Withholding from salary or wages to pay dues or fees to labor organization designated as exclusive representative for bargaining unit.

NRS 288.550           Term of collective bargaining agreements; continuation of agreements beyond term under certain circumstances.

NRS 288.555           Collective bargaining agreements must be approved by State Board of Examiners at public hearing.

NRS 288.560           Effective date of provisions of collective bargaining agreements; exception for provisions that require legislative measure to be given effect; duty of Governor to request drafting of legislative measure.

NRS 288.565           Duty of Governor to designate representative to negotiate collective bargaining agreements on behalf of Executive Department; time for conducting negotiations.

NRS 288.570           Request for mediation if parties cannot reach collective bargaining agreements; time for conducting mediation.

NRS 288.575           Discontinuance of mediation; selection of impartial arbitrator; time for conducting arbitration; procedures; payment of costs.

NRS 288.580           Requirements and standards for decision of arbitrator; decision is final and binding.

NRS 288.585           Supplemental bargaining.

NRS 288.590           Certain proceedings not required to be open or public.

NRS 288.595           Capacity to sue or be sued; court actions and proceedings; jurisdiction; limitations on liability.

 

Prohibited Practices

NRS 288.620           Types of prohibited practices; certain conduct deemed not to be failure to negotiate in good faith; applicability of certain decisions of Board.

NRS 288.625           Complaints, investigations and hearings regarding prohibited practices; authorized actions by Board; injunctive relief; judicial review.

NRS 288.630           Appointment of hearing officers to conduct hearings regarding prohibited practices; appeal of decision to Board; authorized actions by Board; injunctive relief; judicial review.

ILLEGAL STRIKES AGAINST STATE OR LOCAL GOVERNMENT EMPLOYERS

NRS 288.700           Legislative findings and declaration; illegality of strikes.

NRS 288.705           Injunctive relief against strike or threatened strike.

NRS 288.710           Punishment of employee organization, labor organization, officer or employee by court for commencement or continuation of strike in violation of order.

NRS 288.715           Punishment of employee by employer for commencement or continuation of strike or violation in violation of court’s order.

_________

 

GENERAL PROVISIONS

      NRS 288.010  Short title.  This chapter may be cited as the Government Employee-Management Relations Act.

      (Added to NRS by 1969, 1376)

      NRS 288.015  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 288.029 to 288.074, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2019, 3728)

      NRS 288.020  Definitions.  [Replaced in revision by NRS 288.131.]

 

      NRS 288.025  “Administrative employee” defined.  [Replaced in revision by NRS 288.132.]

 

      NRS 288.027  “Bargaining agent” defined.  [Replaced in revision by NRS 288.133.]

 

      NRS 288.028  “Bargaining unit” defined.  [Replaced in revision by NRS 288.134.]

 

      NRS 288.029  “Board” defined.  “Board” means the Government Employee-Management Relations Board created by NRS 288.080.

      (Added to NRS by 2019, 3728)

      NRS 288.030  “Board” defined.  Repealed. (See chapter 590, Statutes of Nevada 2019, at page 3745.)

 

      NRS 288.032  “Collective bargaining” defined.  “Collective bargaining” means a method of determining conditions of employment by negotiation between representatives of the Executive Department or local government employer and an employee organization or labor organization, entailing a mutual obligation of the Executive Department or local government employer, as applicable, and the representative of the state or local government employees to meet at reasonable times and bargain in good faith with respect to:

      1.  Wages, hours and other terms and conditions of employment;

      2.  The negotiation of an agreement;

      3.  The resolution of any question arising under a negotiated agreement; or

      4.  The execution of a written contract incorporating any agreement reached if requested by either party,

Ê but this obligation does not compel either party to agree to a proposal or require the making of a concession.

      (Added to NRS by 2019, 3728)

      NRS 288.033  “Collective bargaining” defined.  Repealed. (See chapter 590, Statutes of Nevada 2019, at page 3745.)

 

      NRS 288.034  “Commissioner” defined.  Repealed. (See chapter 590, Statutes of Nevada 2019, at page 3745.)

 

      NRS 288.036  “Commissioner” defined.  “Commissioner” means the Commissioner appointed by the Board pursuant to NRS 288.090.

      (Added to NRS by 2019, 3729)

      NRS 288.040  “Employee organization” defined.  “Employee organization” means an organization of any kind having as one of its purposes improvement of the terms and conditions of employment of local government employees.

      (Added to NRS by 1969, 1376; A 1975, 918)

      NRS 288.042  “Executive Department” defined.  “Executive Department” means an agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department of State Government. The term includes the Nevada System of Higher Education.

      (Added to NRS by 2019, 3729)

      NRS 288.044  “Fact-finding” defined.  “Fact-finding” means the formal procedure by which an investigation of a labor dispute is conducted by a person at which:

      1.  Evidence is presented; and

      2.  A written report is issued by the fact finder describing the issues involved and setting forth recommendations for settlement which may or may not be binding as provided in NRS 288.200.

      (Added to NRS by 2019, 3729)

      NRS 288.045  “Fact-finding” defined.  Repealed. (See chapter 590, Statutes of Nevada 2019, at page 3745.)

 

      NRS 288.048  “Labor organization” defined.  “Labor organization” means an organization of any kind having as one of its purposes improvement of the terms and conditions of employment of state employees.

      (Added to NRS by 2019, 3729)

      NRS 288.050  “Local government employee” defined.  “Local government employee” means any person employed by a local government employer.

      (Added to NRS by 1969, 1376)

      NRS 288.060  “Local government employer” defined.  “Local government employer” means any political subdivision of this State or any public or quasi-public corporation organized under the laws of this State and includes, without limitation, counties, cities, unincorporated towns, school districts, charter schools, hospital districts, irrigation districts and other special districts.

      (Added to NRS by 1969, 1377; A 1971, 1503; 2001, 3164; 2015, 3845; 2017, 60)

      NRS 288.063  “Mediation” defined.  Repealed. (See chapter 590, Statutes of Nevada 2019, at page 3745.)

 

      NRS 288.065  “Mediation” defined.  “Mediation” means assistance by an impartial third party to reconcile differences between the Executive Department or a local government employer and an exclusive representative through interpretation, suggestion and advice.

      (Added to NRS by 2019, 3729)

      NRS 288.067  “Recognition” defined.  [Replaced in revision by NRS 288.136.]

 

      NRS 288.070  “Strike” defined.  Repealed. (See chapter 590, Statutes of Nevada 2019, at page 3745.)

 

      NRS 288.074  “Strike” defined.  “Strike” means any concerted:

      1.  Stoppage of work, slowdown or interruption of operations by employees of the State of Nevada or local government employees;

      2.  Absence from work by employees of the State of Nevada or local government employees upon any pretext or excuse, such as illness, which is not founded in fact; or

      3.  Interruption of the operations of the State of Nevada or any local government employer by any employee organization or labor organization.

      (Added to NRS by 2019, 3729)

      NRS 288.075  “Supervisory employee” defined.  [Replaced in revision by NRS 288.138.]

 

GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD

      NRS 288.080  Creation; number, qualifications, terms of office and appointment of members.

      1.  The Government Employee-Management Relations Board is hereby created, consisting of five members, broadly representative of the public and not closely allied with any employee organization, any labor organization, the Executive Department or any local government employer.

      2.  Not more than three of the members of the Board may be members of the same political party, and at least three of the members must reside in southern Nevada. The term of office of each member is 4 years.

      3.  The Governor shall appoint the members of the Board.

      (Added to NRS by 1969, 1380; A 1975, 919; 1977, 1183; 1981, 64; 1989, 1671; 2017, 2746; 2019, 3741)

      NRS 288.090  Officers and employees; quorum; voting; limitations on certain meetings.

      1.  The members of the Board shall annually elect one of their number as Chair and one as Vice Chair. Except as otherwise provided in this section, any three members of the Board constitute a quorum, and a majority of a quorum present at any meeting may exercise all the power and authority conferred on the Board.

      2.  Except by a majority vote of the entire membership of the Board, the Board may not:

      (a) Elect a Chair or Vice Chair;

      (b) Appoint the Commissioner or Secretary of the Board, or terminate the employment of the Commissioner or Secretary;

      (c) Adjust the fee charged to local government employers pursuant to NRS 288.139 or impose a civil penalty for failure to pay the fee;

      (d) Make or adopt any rule or regulation; or

      (e) Grant permission to a local government employer to withdraw recognition from an employee organization or order an election pursuant to NRS 288.160.

      3.  Whenever less than five members of the Board are present at any meeting, not more than two of the members present may be members of the same political party.

      4.  The Board may, within the limits of legislative appropriations and any other available money:

      (a) Appoint a Commissioner and a Secretary, who are in the unclassified service of the State; and

      (b) Employ such additional clerical personnel as may be necessary, who are in the classified service of the State.

      (Added to NRS by 1969, 1380; A 1979, 285; 2009, 2451; 2017, 2746)

      NRS 288.100  Salary and expenses of members.

      1.  Each member of the Board is entitled to receive a salary of not more than $80, as fixed by the Board, for each day in which the member is engaged in the business of the Board.

      2.  While engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      (Added to NRS by 1969, 1381; A 1977, 1365; 1981, 1979; 1985, 392; 1989, 1710)

      NRS 288.105  Fees assessed against local government employers.  [Replaced in revision by NRS 288.139.]

 

      NRS 288.110  Rules governing various proceedings and procedures; hearing and order; injunction; time for filing complaint or appeal; costs.

      1.  The Board may make rules governing:

      (a) Proceedings before it;

      (b) Procedures for fact-finding;

      (c) The recognition, as defined in NRS 288.136, of employee organizations;

      (d) The designation of the exclusive representative of a bargaining unit in accordance with the provisions of NRS 288.520, 288.525 and 288.530; and

      (e) The determination of bargaining units.

      2.  The Board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by the Executive Department, any local government employer, any employee, as defined in NRS 288.425, any local government employee, any employee organization or any labor organization. Except as otherwise provided in this subsection and NRS 288.115, 288.280 and 288.625, the Board shall conduct a hearing within 180 days after it decides to hear a complaint. If a complaint alleges a violation of paragraph (a) of subsection 1 of NRS 288.620 or paragraph (b) of subsection 2 of NRS 288.620, the Board shall conduct a hearing not later than 45 days after it decides to hear the complaint, unless the parties agree to waive this requirement. The Board, after a hearing, if it finds that the complaint is well taken, may order any person or entity to refrain from the action complained of or to restore to the party aggrieved any benefit of which the party has been deprived by that action. Except when an expedited hearing is conducted pursuant to NRS 288.115, the Board shall issue its decision within 120 days after the hearing on the complaint is completed.

      3.  Any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 2, or the Board at the request of such a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.

      4.  The Board may not consider any complaint or appeal filed more than 6 months after the occurrence which is the subject of the complaint or appeal.

      5.  The Board may decide without a hearing a contested matter:

      (a) In which all of the legal issues have been previously decided by the Board, if it adopts its previous decision or decisions as precedent; or

      (b) Upon agreement of all the parties.

      6.  The Board may award reasonable costs, which may include attorneys’ fees, to the prevailing party.

      7.  As used in this section, “bargaining unit” has the meaning ascribed to it in NRS 288.134 or 288.415.

      (Added to NRS by 1969, 1381; A 1975, 919; 1977, 1366; 1987, 1435; 1989, 1671; 2013, 44; 2015, 1593; 2017, 1429; 2019, 2673, 3741)

      NRS 288.115  Expedited review of complaints concerning rights of employees to express breast milk under certain circumstances.  The Board shall provide for an expedited review of a complaint filed by an employee pursuant to subsection 4 of NRS 281.755. To facilitate such a review, the Board shall:

      1.  Create and make available a form to be used by an employee to file a complaint;

      2.  Authorize the Commissioner to resolve such a complaint without referring the matter to the Board;

      3.  Establish an expedited timeline for issuing a decision; and

      4.  Take any other action necessary to ensure the complaint is reviewed in a timely manner.

      (Added to NRS by 2017, 1428)

      NRS 288.120  Subpoenas; powers of district court.

      1.  For the purpose of hearing and deciding appeals or complaints, the Board may issue subpoenas requiring the attendance of witnesses before it, together with all books, memoranda, papers and other documents relative to the matters under investigation, administer oaths and take testimony thereunder.

      2.  The district court in and for the county in which any hearing is being conducted by the Board may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Board.

      3.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, the Board may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpoenaed in the manner prescribed in this chapter; and

      (c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Board in the hearing named in the subpoena, or has refused to answer questions propounded to the witness in the course of such hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Board.

      4.  The court, upon petition of the Board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the Board. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpoena was regularly issued by the Board, the court shall thereupon enter an order that the witness appear before the Board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.

      (Added to NRS by 1969, 1381)

      NRS 288.130  Hearings and determinations are contested cases; judicial review.  Every hearing and determination of an appeal or complaint by the Board is a contested case subject to the provisions of law which govern the administrative decision and judicial review of such cases.

      (Added to NRS by 1969, 1382; A 1977, 64)

LOCAL GOVERNMENT EMPLOYERS

General Provisions

      NRS 288.131  Definitions.  As used in NRS 288.131 to 288.280, inclusive, unless the context otherwise requires, the words and terms defined in NRS 288.132 to 288.138, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 1376; A 1971, 1503; 1975, 918; 1981, 1868; 2015, 3845; 2017, 60; 2019, 3741) — (Substituted in revision for NRS 288.020)

      NRS 288.132  “Administrative employee” defined.  “Administrative employee” means any employee whose primary duties consist of work directly related to management policies, who customarily exercises discretion and independent judgment and regularly assists an executive. In addition, it includes the chief administrative officer, the chief administrative officer’s deputy and immediate assistants, department heads, their deputies and immediate assistants, attorneys, appointed officials and others who are primarily responsible for formulating and administering management policy and programs.

      (Added to NRS by 1971, 1509) — (Substituted in revision for NRS 288.025)

      NRS 288.133  “Bargaining agent” defined.  “Bargaining agent” means an employee organization recognized by the local government employer as the exclusive representative of all local government employees in the bargaining unit for purposes of collective bargaining.

      (Added to NRS by 1975, 917) — (Substituted in revision for NRS 288.027)

      NRS 288.134  “Bargaining unit” defined.  “Bargaining unit” means a group of local government employees recognized by the local government employer as having sufficient community of interest appropriate for representation by an employee organization for the purpose of collective bargaining.

      (Added to NRS by 1975, 917) — (Substituted in revision for NRS 288.028)

      NRS 288.136  “Recognition” defined.  “Recognition” means the formal acknowledgment by the local government employer that a particular employee organization has the right to represent the local government employees within a particular bargaining unit.

      (Added to NRS by 1975, 917) — (Substituted in revision for NRS 288.067)

      NRS 288.138  “Supervisory employee” defined.

      1.  “Supervisory employee” includes:

      (a) Any individual having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday. If any of the following persons perform some, but not all, of the foregoing duties under a paramilitary command structure, such a person shall not be deemed a supervisory employee solely because of such duties:

             (1) A police officer, as defined in NRS 288.215;

             (2) A firefighter, as defined in NRS 288.215; or

             (3) A person who:

                   (I) Has the powers of a peace officer pursuant to NRS 289.150, 289.170, 289.180 or 289.190; and

                   (II) Is a local government employee who is authorized to be in a bargaining unit pursuant to the provisions of this chapter.

      (b) Any individual or class of individuals appointed by the employer and having authority on behalf of the employer to:

             (1) Hire, transfer, suspend, lay off, recall, terminate, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or to effectively recommend such action;

             (2) Make budgetary decisions; and

             (3) Be consulted on decisions relating to collective bargaining,

Ê if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday.

      2.  Nothing in this section shall be construed to mean that an employee who has been given incidental administrative duties shall be classified as a supervisory employee.

      (Added to NRS by 1971, 1509; A 1975, 918; 2011, 2899; 2019, 544) — (Substituted in revision for NRS 288.075)

Fees

      NRS 288.139  Fees assessed against local government employers.

      1.  On or before July 1 of each year, the Board shall charge and collect a fee from each local government employer in an amount that is equal to not more than $10 for each local government employee of the local government employer who was employed by the local government employer during the first pay period of the immediately preceding fiscal year.

      2.  A local government employer shall pay the fee assessed pursuant to subsection 1 on or before July 31 of each year. A local government employer shall not assess the fee against its local government employees.

      3.  If a local government employer fails to pay the fee assessed pursuant to subsection 1 on or before July 31 of that year, the Board shall impose a civil penalty of not more than $10 for each local government employee employed by the local government employer for whom the fee was not paid.

      4.  A local government employer may not receive a reduction in the amount of the fee assessed pursuant to subsection 1 or a refund of that amount if a local government employee is not employed for a full calendar year. The fee must be assessed whether or not the local government employee is a member of an employee organization.

      5.  Any money received from the fees collected pursuant to subsection 1 must be accounted for separately and may be used only to carry out the duties of the Board.

      6.  To carry out the provisions of this section, the Board may verify the identity and number of local government employees employed by any local government employer by any reasonable means.

      (Added to NRS by 2009, 2450) — (Substituted in revision for NRS 288.105)

Employee Organizations and Collective Bargaining

      NRS 288.140  Right of employee to join or refrain from joining employee organization; exceptions; discrimination by employer prohibited; limitations on nonmember acting on own behalf; membership of law enforcement officer.

      1.  It is the right of every local government employee, subject to the limitations provided in subsections 3 and 4, to join any employee organization of the employee’s choice or to refrain from joining any employee organization. A local government employer shall not discriminate in any way among its employees on account of membership or nonmembership in an employee organization.

      2.  The recognition of an employee organization for negotiation, pursuant to this chapter, does not preclude any local government employee who is not a member of that employee organization from acting for himself or herself with respect to any condition of his or her employment, but any action taken on a request or in adjustment of a grievance shall be consistent with the terms of an applicable negotiated agreement, if any.

      3.  A police officer, sheriff, deputy sheriff or other law enforcement officer may be a member of an employee organization only if such employee organization is composed exclusively of law enforcement officers.

      4.  The following persons may not be a member of an employee organization:

      (a) A supervisory employee described in paragraph (b) of subsection 1 of NRS 288.138, including but not limited to appointed officials and department heads who are primarily responsible for formulating and administering management, policy and programs.

      (b) A doctor or physician who is employed by a local government employer.

      (c) Except as otherwise provided in this paragraph, an attorney who is employed by a local government employer and who is assigned to a civil law division, department or agency. The provisions of this paragraph do not apply with respect to an attorney for the duration of a collective bargaining agreement to which the attorney is a party as of July 1, 2011.

      5.  As used in this section, “doctor or physician” means a doctor, physician, homeopathic physician, osteopathic physician, chiropractic physician, practitioner of Oriental medicine, podiatric physician or practitioner of optometry, as those terms are defined or used, respectively, in NRS 630.014, 630A.050, 633.091, chapter 634 of NRS, chapter 634A of NRS, chapter 635 of NRS or chapter 636 of NRS.

      (Added to NRS by 1969, 1377; A 2011, 2900)

      NRS 288.150  Negotiations by employer with recognized employee organization: Subjects of mandatory bargaining; matters reserved to employer without negotiation; reopening of collective bargaining agreement during period of fiscal emergency; termination or reassignment of employees of certain schools.

      1.  Except as otherwise provided in subsection 5 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.

      2.  The scope of mandatory bargaining is limited to:

      (a) Salary or wage rates or other forms of direct monetary compensation.

      (b) Sick leave.

      (c) Vacation leave.

      (d) Holidays.

      (e) Other paid or nonpaid leaves of absence.

      (f) Insurance benefits.

      (g) Total hours of work required of an employee on each workday or workweek.

      (h) Total number of days’ work required of an employee in a work year.

      (i) Except as otherwise provided in subsections 7 and 10, discharge and disciplinary procedures.

      (j) Recognition clause.

      (k) The method used to classify employees in the bargaining unit.

      (l) Deduction of dues for the recognized employee organization.

      (m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

      (n) No-strike provisions consistent with the provisions of this chapter.

      (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.

      (p) General savings clauses.

      (q) Duration of collective bargaining agreements.

      (r) Safety of the employee.

      (s) Teacher preparation time.

      (t) Materials and supplies for classrooms.

      (u) Except as otherwise provided in subsections 8 and 10, the policies for the transfer and reassignment of teachers.

      (v) Procedures for reduction in workforce consistent with the provisions of this chapter.

      (w) Procedures consistent with the provisions of subsection 5 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.

      3.  Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:

      (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.

      (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.

      (c) The right to determine:

             (1) Appropriate staffing levels and work performance standards, except for safety considerations;

             (2) The content of the workday, including without limitation workload factors, except for safety considerations;

             (3) The quality and quantity of services to be offered to the public; and

             (4) The means and methods of offering those services.

      (d) Safety of the public.

      4.  If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district is subject to negotiations with an employee organization.

      5.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:

      (a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:

             (1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or

             (2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.

      (b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.

Ê Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

      6.  The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

      7.  If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.

      8.  The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:

      (a) Reassigning any member of the staff of such a school; or

      (b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.

      9.  Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection 8 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection 8 is unenforceable and void.

      10.  The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable. Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.

      11.  This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

      12.  Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.

      13.  As used in this section, “abuse or neglect of a child” has the meaning ascribed to it in NRS 392.281.

      (Added to NRS by 1969, 1377; A 1971, 1503; 1975, 919; 1983, 1622; 1987, 743, 1496, 1607; 1989, 1165; 2011, 2295, 2901; 2015, 1594, 2965, 3307, 3817, 3835; 2017, 2069, 3162; 2019, 2015, 2076, 2674, 3608)

      NRS 288.151  Reduction in workforce of school district.  Notwithstanding the provisions of any collective bargaining agreement or contract of employment to the contrary:

      1.  Except as otherwise provided in subsections 2 to 6, inclusive, if the board of trustees of a school district determines that a reduction in the existing workforce of the licensed educational personnel in the school district is necessary, the decision to lay off a teacher or an administrator must be based solely on the overall performance of the teacher or administrator under the statewide performance evaluation system adopted by the State Board pursuant to NRS 391.465. When determining the manner in which to reduce the existing workforce, the board of trustees of a school district must lay off a teacher or administrator whose overall performance has been determined to be:

      (a) Ineffective, before laying off a teacher or administrator whose overall performance has been determined to be developing, effective or highly effective;

      (b) Developing, before laying off a teacher or administrator whose overall performance has been determined to be effective or highly effective; and

      (c) Effective, before laying off a teacher or administrator whose overall performance has been determined to be highly effective.

      2.  Except as otherwise provided in subsection 6, if the board of trustees of a school district determines that a further reduction in the existing workforce of the licensed educational personnel in a school district beyond that made pursuant to subsection 1 is necessary, the board of trustees must lay off a teacher or administrator whose employment record includes:

      (a) A criminal record that resulted in the suspension of the teacher or administrator; or

      (b) Disciplinary action that resulted in the suspension of the teacher or administrator and that was uncontested or has been finally adjudicated;

Ê before laying off a teacher or administrator whose employment record does not include such a record or disciplinary action.

      3.  The board of trustees shall lay off teachers or administrators whose employment records include disciplinary actions that resulted in the suspension of the teacher or administrator pursuant to subsection 2 in the order of severity of the disciplinary action, with those employees whose employment record includes more severe disciplinary action being laid off first.

      4.  Except as otherwise provided in subsection 6, if the board of trustees of a school district determines that a further reduction in the existing workforce of licensed educational personnel beyond that made pursuant to subsection 2 is necessary, the decision to lay off a teacher or administrator must be based on the following factors:

      (a) Whether the teacher or administrator is employed in a position which is hard to fill;

      (b) Whether the teacher or administrator has received a national board certification;

      (c) The type of licensure held by the teacher or administrator; and

      (d) The type of degree attained by the teacher or administrator and whether the degree is in a subject area that is related to his or her position.

      5.  If, after consideration of the factors described in subsections 1 to 4, inclusive, two or more teachers or administrators are similarly situated, the board of trustees of the school district may give preference to the more senior teacher or administrator.

      6.  The board of trustees of a school district is not required to take the actions described in subsections 1 to 4, inclusive, with regard to a teacher who teaches in a school in the district in a subject area for which there is a shortage of teachers, which may include, without limitation, science, technology, engineering, mathematics, special education and English as a second language.

      (Added to NRS by 2011, 2295; A 2015, 3837; 2017, 2148)

      NRS 288.153  Agreement must be approved at public hearing; publication of documents and materials by governing body; report of fiscal impact of agreement.

      1.  Any new, extended or modified collective bargaining agreement or similar agreement between a local government employer and an employee organization must be approved by the governing body of the local government employer at a public hearing.

      2.  Not less than 3 business days before the date of the hearing, the governing body shall cause the following documents to be posted and made available for downloading on the Internet website of the local government or, if the local government does not have such a website, deposited with the clerk of the governing body:

      (a) The proposed agreement and any exhibits or other attachments to the proposed agreement;

      (b) If the proposed agreement is a modification of a previous agreement, a document showing any language added to or deleted from the previous agreement; and

      (c) Any supporting material prepared for the governing body and relating to the fiscal impact of the agreement.

      3.  Any document deposited with the clerk of the governing body pursuant to subsection 2 is a public record and must be open for public inspection pursuant to NRS 239.010.

      4.  At the hearing, the chief executive officer of the local government shall report to the governing body of the local government the fiscal impact of the agreement.

      (Added to NRS by 2009, 2359; A 2015, 329)

      NRS 288.155  Agreements may extend beyond term of member or officer of local government employer.  Agreements entered into between local government employers and employee organizations pursuant to this chapter may extend beyond the term of office of any member or officer of the local government employer.

      (Added to NRS by 1975, 40; A 2015, 1596; 2019, 2677)

      NRS 288.160  Recognition of employee organization: Application for and withdrawal of recognition; exclusive bargaining agent; election.

      1.  An employee organization may apply to a local government employer for recognition by presenting:

      (a) A copy of its constitution and bylaws, if any;

      (b) A roster of its officers, if any, and representatives; and

      (c) A pledge in writing not to strike against the local government employer under any circumstances.

Ê A local government employer shall not recognize as representative of its employees any employee organization which has not adopted, in a manner valid under its own rules, the pledge required by paragraph (c).

      2.  If an employee organization, at or after the time of its application for recognition, presents a verified membership list showing that it represents a majority of the employees in a bargaining unit, and if the employee organization is recognized by the local government employer, it shall be the exclusive bargaining agent of the local government employees in that bargaining unit.

      3.  A local government employer may withdraw recognition from an employee organization which:

      (a) Fails to present a copy of each change in its constitution or bylaws, if any, or to give notice of any change in the roster of its officers, if any, and representatives;

      (b) Disavows its pledge not to strike against the local government employer under any circumstances;

      (c) Ceases to be supported by a majority of the local government employees in the bargaining unit for which it is recognized; or

      (d) Fails to negotiate in good faith with the local government employer,

Ê if it first receives the written permission of the Board.

      4.  If the Board in good faith doubts whether any employee organization is supported by a majority of the local government employees in a particular bargaining unit, it may conduct an election by secret ballot upon the question. Subject to judicial review, the decision of the Board is binding upon the local government employer and all employee organizations involved.

      5.  The parties may agree in writing, without appealing to the Board, to hold a representative election to determine whether an employee organization represents the majority of the local government employees in a bargaining unit. Participation by the Board and its staff in an agreed election is subject to the approval of the Board.

      (Added to NRS by 1969, 1378; A 1971, 1504; 1975, 921; 1977, 1366; 1983, 1624)

      NRS 288.161  Local government employer to file list of recognized employee organizations with Board.  Each local government employer shall, on or before November 30 of each year, file with the Board a list of all employee organizations recognized by the employer and a description of the bargaining unit for each employee organization.

      (Added to NRS by 1989, 1669)

      NRS 288.165  Recognized employee organization to file annual report with Board.

      1.  Each employee organization recognized by a local government employer in this State shall file a report with the Board during November of each year.

      2.  The report required by this section shall include:

      (a) The full name of the employee organization.

      (b) The name of each local government employer which recognizes the employee organization.

      (c) The names of the officers of the employee organization.

      (d) The total number of persons in each bargaining unit represented by the employee organization.

      (e) Copies of all changes in the employee organization’s constitution or bylaws adopted during the preceding year.

      (f) The name, address and telephone number of the person designated by the employee organization to receive communications from the Board on business relating to the employee organization.

      (g) A copy of any collective bargaining agreement in effect between the organization and the local government employer.

      3.  An employee organization which has not previously been recognized by a local government employer shall file the information required by this section within 30 days after recognition.

      (Added to NRS by 1979, 284)

      NRS 288.170  Determination of bargaining unit; appeal to Board.

      1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.

      2.  A principal, assistant principal or other school administrator, school district administrator or central office administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit.

      3.  A head of a department of a local government, an administrative employee or a supervisory employee must not be a member of the same bargaining unit as the employees under the direction of that department head, administrative employee or supervisory employee. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the Board. An employee organization which is negotiating on behalf of two or more bargaining units consisting of firefighters or police officers, as defined in NRS 288.215, may select members of the units to negotiate jointly on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.

      4.  Confidential employees of the local government employer must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.

      5.  If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board. Subject to judicial review, the decision of the Board is binding upon the local government employer and employee organizations involved. The Board shall apply the same criterion as specified in subsection 1.

      6.  As used in this section:

      (a) “Confidential employee” means an employee who is involved in the decisions of management affecting collective bargaining.

      (b) “Supervisory employee” means a supervisory employee described in paragraph (a) of subsection 1 of NRS 288.138.

      (Added to NRS by 1969, 1378; A 1971, 1504; 1975, 922; 1987, 1305, 2202; 1991, 703; 2005, 325; 2011, 2902; 2015, 1596; 2017, 1388; 2019, 2677)

      NRS 288.180  Notice by employee organization of desire to negotiate; request for information; commencement of negotiations; exemption.

      1.  Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of that desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give notice on or before February 1.

      2.  Following the notification provided for in subsection 1, the employee organization or the local government employer may request reasonable information concerning any subject matter included in the scope of mandatory bargaining which it deems necessary for and relevant to the negotiations. The information requested must be furnished without unnecessary delay. The information must be accurate, and must be presented in a form responsive to the request and in the format in which the records containing it are ordinarily kept. If the employee organization requests financial information concerning a metropolitan police department, the local government employers which form that department shall furnish the information to the employee organization.

      3.  The parties shall promptly commence negotiations. As the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.

      4.  This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.

      (Added to NRS by 1969, 1379; A 1971, 1505; 1975, 923; 1977, 757; 1979, 1373; 1981, 1868; 1983, 1044; 2015, 1597; 2019, 2678)

      NRS 288.190  Mediation: Selection and duties of mediator; cost.  Except in cases to which NRS 288.205 and 288.215 apply:

      1.  Anytime before March 1, the dispute may be submitted to a mediator, if both parties agree. Anytime after March 1, either party involved in negotiations may request a mediator. If the parties do not agree upon a mediator, the Commissioner shall submit to the parties a list of seven potential mediators. The parties shall select their mediator from the list by alternately striking one name until the name of only one mediator remains, who will be the mediator to hear the dispute. The employee organization shall strike the first name.

      2.  If mediation is agreed to or requested pursuant to subsection 1, the mediator must be selected at the time the parties agree upon a mediator or, if the parties do not agree upon a mediator, within 5 days after the parties receive the list of potential mediators from the Commissioner.

      3.  The mediator shall bring the parties together as soon as possible and, unless otherwise agreed upon by the parties, attempt to settle the dispute within 30 days after being notified of the mediator’s selection as mediator. The mediator may establish the times and dates for meetings and compel the parties to attend but has no power to compel the parties to agree.

      4.  The local government employer and employee organization each shall pay one-half of the cost of mediation. Each party shall pay its own costs of preparation and presentation of its case in mediation.

      5.  If the dispute is submitted to a mediator and then submitted to a fact finder, the mediator shall, within 15 days after the last meeting between the parties, give to the Commissioner of the Board a report of the efforts made to settle the dispute.

      (Added to NRS by 1969, 1379; A 1971, 1505; 1977, 917; 1979, 285; 1981, 1868; 1985, 1420; 1987, 571; 1989, 1669; 1997, 69; 2005, 819)

      NRS 288.195  Right of employee organization to be represented by attorney.  Whenever an employee organization enters into negotiations with a local government employer, pursuant to NRS 288.140 to 288.220, inclusive, such employee organization may be represented by an attorney licensed to practice law in the State of Nevada.

      (Added to NRS by 1973, 324; A 2011, 2297)

      NRS 288.200  Submission of dispute to fact finder: Selection, compensation and duties of fact finder; effect of findings and recommendations; criteria for recommendations and awards.  Except in cases to which NRS 288.205 and 288.215, or NRS 288.217 apply:

      1.  If:

      (a) The parties have failed to reach an agreement after at least six meetings of negotiations; and

      (b) The parties have participated in mediation and by April 1, have not reached agreement,

Ê either party to the dispute, at any time after April 1, may submit the dispute to an impartial fact finder for the findings and recommendations of the fact finder. The findings and recommendations of the fact finder are not binding on the parties except as provided in subsections 5, 6 and 11. The mediator of a dispute may also be chosen by the parties to serve as the fact finder.

      2.  If the parties are unable to agree on an impartial fact finder or a panel of neutral arbitrators within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential fact finders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. Within 5 days after receiving a list from the applicable arbitration service, the parties shall select their fact finder from this list by alternately striking one name until the name of only one fact finder remains, who will be the fact finder to hear the dispute in question. The employee organization shall strike the first name.

      3.  The local government employer and employee organization each shall pay one-half of the cost of fact-finding. Each party shall pay its own costs of preparation and presentation of its case in fact-finding.

      4.  A schedule of dates and times for the hearing must be established within 10 days after the selection of the fact finder pursuant to subsection 2, and the fact finder shall report the findings and recommendations of the fact finder to the parties to the dispute within 30 days after the conclusion of the fact-finding hearing.

      5.  The parties to the dispute may agree, before the submission of the dispute to fact-finding, to make the findings and recommendations on all or any specified issues final and binding on the parties.

      6.  If the parties do not agree on whether to make the findings and recommendations of the fact finder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a fact finder on all or any specified issues in a particular dispute which are within the scope of subsection 11 are to be final and binding. The determination must be made upon the concurrence of at least two members of the panel and not later than the date which is 30 days after the date on which the matter is submitted to the panel, unless that date is extended by the Commissioner of the Board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous fact-finding between these parties, the best interests of the State and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the State or a political subdivision.

      7.  Except as otherwise provided in subsection 10, any fact finder, whether the fact finder’s recommendations are to be binding or not, shall base such recommendations or award on the following criteria:

      (a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision. If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district must be considered by a fact finder in making a preliminary determination.

      (b) Once the fact finder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, and subject to the provisions of paragraph (c), the fact finder shall consider, to the extent appropriate, compensation of other government employees, both in and out of the State and use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and the fact finder shall consider whether the Board found that either party had bargained in bad faith.

      (c) A consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multiyear contract, the fact finder must consider the ability to pay over the life of the contract being negotiated or arbitrated.

Ê The fact finder’s report must contain the facts upon which the fact finder based the fact finder’s determination of financial ability to grant monetary benefits and the fact finder’s recommendations or award.

      8.  Within 45 days after the receipt of the report from the fact finder, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:

      (a) The issues of the parties submitted pursuant to subsection 1;

      (b) The report of findings and recommendations of the fact finder; and

      (c) The overall fiscal impact of the findings and recommendations, which must not include a discussion of the details of the report.

Ê The fact finder must not be asked to discuss the decision during the meeting.

      9.  The chief executive officer of the local government shall report to the local government the fiscal impact of the findings and recommendations. The report must include, without limitation, an analysis of the impact of the findings and recommendations on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.

      10.  Any sum of money which is maintained in a fund whose balance is required by law to be:

      (a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or

      (b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,

Ê must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the fact finder.

      11.  The issues which may be included in a panel’s order pursuant to subsection 6 are:

      (a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and

      (b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.

Ê This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.

      (Added to NRS by 1969, 1379; A 1971, 10, 1505; 1973, 238; 1975, 923; 1977, 389, 917, 1367; 1979, 286, 1374; 1981, 1869; 1983, 1625; 1985, 1420; 1987, 572; 1991, 626; 1995, 1936; 2005, 820; 2009, 2359; 2019, 3611)

      NRS 288.201  Request for formation of panel to determine whether findings and recommendations of fact finder are final and binding.  Any request for the formation of a panel to determine whether the findings and recommendations of a fact finder must be final and binding must be filed with the Commissioner. The request must include:

      1.  A list of the issues which remain unresolved and the position of each party regarding those issues;

      2.  The requester’s assessment of the fiscal effect on the local government of the requester’s positions;

      3.  An outline of any previous fact-finding between the parties, which includes any recommendations and awards of a fact finder and the actions of each party in response thereto;

      4.  A statement of whether the parties engaged in mediation regarding the current dispute;

      5.  A schedule of the dates and times set by the fact finder for the hearing; and

      6.  Any other information deemed necessary by the Commissioner.

Ê Any person filing such a request shall give written notice of the request to the Nevada State Board of Accountancy and the State Bar of Nevada.

      (Added to NRS by 1981, 1867; A 1985, 1422; 2005, 822)

      NRS 288.202  Formation of panel to determine whether findings and recommendations of fact finder are final and binding.

      1.  Within 5 days after receiving notice of such a request, the Nevada State Board of Accountancy and the State Bar of Nevada shall each submit to the Commissioner and each party to the dispute a list of names of five of their members who would serve on a panel and are not closely allied with any employee association or local government employer.

      2.  Within 8 days after receiving the lists, the parties shall choose one name from each list by alternately striking one name until the names of only one attorney and one accountant remain, who will each be a member of the panel. The parties shall choose the member from the list of accountants separately from their choice from the list of attorneys. The parties shall notify the Commissioner of their selections and the Commissioner shall notify the attorney and accountant selected.

      3.  Within 5 days after receiving notice of their selection, the attorney and accountant shall:

      (a) Choose the third member of the panel, who must:

             (1) Be willing to serve on the panel;

             (2) Be a resident of this State; and

             (3) Not be closely allied with any employee organization or local government employer.

      (b) Notify the Commissioner of their choice, and the three members shall, within 5 days after selecting the third member of the panel, notify the Commissioner of the dates when they will all be available to attend hearings.

      4.  The Commissioner shall serve as a nonvoting member and also as the chair of the panel.

      5.  If the accountant or attorney selected to serve on the panel is unable to do so, the Nevada State Board of Accountancy or State Bar of Nevada shall designate a person to replace its nominee. If the person selected by the accountant and attorney is unable to serve, the accountant and attorney shall designate another person as a replacement. If the Commissioner is unable to serve, the Governor shall designate a person to serve in the Commissioner’s capacity.

      (Added to NRS by 1981, 1867; A 2005, 822)

      NRS 288.203  Compensation of members of panel; claims.

      1.  Each person, except the Commissioner, who serves on a panel formed pursuant to NRS 288.201 is entitled to receive as compensation:

      (a) One hundred fifty dollars for each day the person is engaged in the business of the panel; and

      (b) The per diem allowance and travel expenses provided for state officers and employees generally.

      2.  All claims which arise pursuant to this section must be paid from the Reserve for Statutory Contingency Account upon approval by the Commissioner and the State Board of Examiners.

      (Added to NRS by 1981, 1868; A 1985, 618; 1991, 1760; 2007, 595)

      NRS 288.205  Submission of dispute between certain employees and local government employer to fact finder: Time limited for certain matters.  In the case of an employee organization and a local government employer to which NRS 288.215 applies, the following departures from the provisions of NRS 288.200 also apply:

      1.  If the parties have not reached agreement by April 10, either party may submit the dispute to an impartial fact finder at any time for the findings of the fact finder.

      2.  In a regular legislative year, the fact-finding hearing must be stayed up to 20 days after the adjournment of the Legislature sine die.

      3.  Any time limit prescribed by this section or NRS 288.200 may be extended by agreement of the parties.

      (Added to NRS by 1977, 916; A 1979, 1375)

      NRS 288.210  Subpoenas of fact finder; powers of district court.

      1.  For the purpose of investigating disputes, the fact finder may issue subpoenas requiring the attendance of witnesses before the fact finder, together with all books, memoranda, papers and other documents relative to the matters under investigation, administer oaths and take testimony thereunder.

      2.  The district court in and for the county in which any investigation is being conducted by a fact finder may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the fact finder.

      3.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, the fact finder may report to the district court in and for the county in which the investigation is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpoenaed in the manner prescribed in this chapter;

      (c) That the witness has failed and refused to attend or produce the papers required by subpoena before the fact finder in the investigation named in the subpoena, or has refused to answer questions propounded to the witness in the course of such investigation,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the fact finder.

      4.  The court, upon petition of the fact finder, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the fact finder. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpoena was regularly issued by the fact finder, the court shall thereupon enter an order that the witness appear before the fact finder at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.

      (Added to NRS by 1969, 1379; A 1971, 1507)

      NRS 288.215  Submission of dispute between firefighters or police officers and local government employer to arbitrator: Hearing; determination of financial ability of local government employer; negotiations and final offer; effect of decision of arbitrator; content of decision.

      1.  As used in this section:

      (a) “Firefighters” means those persons who are salaried employees of a fire prevention or suppression unit organized by a political subdivision of the State and whose principal duties are controlling and extinguishing fires.

      (b) “Police officers” means those persons who are salaried employees of a police department or other law enforcement agency organized by a political subdivision of the State and whose principal duties are to enforce the law.

      2.  The provisions of this section apply only to firefighters and police officers and their local government employers.

      3.  If the parties have not agreed to make the findings and recommendations of the fact finder final and binding upon all issues, and do not otherwise resolve their dispute, they shall, within 10 days after the fact finder’s report is submitted, submit the issues remaining in dispute to an arbitrator who must be selected in the manner provided in NRS 288.200 and have the same powers provided for fact finders in NRS 288.210.

      4.  The arbitrator shall, within 10 days after the arbitrator is selected, and after 7 days’ written notice is given to the parties, hold a hearing to receive information concerning the dispute. The hearings must be held in the county in which the local government employer is located and the arbitrator shall arrange for a full and complete record of the hearings.

      5.  At the hearing, or at any subsequent time to which the hearing may be adjourned, information may be presented by:

      (a) The parties to the dispute; or

      (b) Any interested person.

      6.  The parties to the dispute shall each pay one-half of the costs incurred by the arbitrator.

      7.  A determination of the financial ability of a local government employer must be based on:

      (a) All existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision. If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district must be considered by an arbitrator in making a determination pursuant to this subsection

      (b) Consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multi-year contract the arbitrator must consider the ability to pay over the life of the contract being negotiated or arbitrated.

Ê Once the arbitrator has determined in accordance with this subsection that there is a current financial ability to grant monetary benefits, the arbitrator shall consider, to the extent appropriate, compensation of other governmental employees, both in and out of this State.

      8.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An agreement by the parties is final and binding, and upon notification to the arbitrator, the arbitration terminates.

      9.  If the parties do not enter into negotiations or do not agree within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.

      10.  The arbitrator shall, within 10 days after the final offers are submitted, accept one of the written statements, on the basis of the criteria provided in NRS 288.200, and shall report the decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract.

      11.  The decision of the arbitrator must include a statement:

      (a) Giving the arbitrator’s reason for accepting the final offer that is the basis of the arbitrator’s award; and

      (b) Specifying the arbitrator’s estimate of the total cost of the award.

      12.  Within 45 days after the receipt of the decision from the arbitrator pursuant to subsection 10, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:

      (a) The issues submitted pursuant to subsection 3;

      (b) The statement of the arbitrator pursuant to subsection 11; and

      (c) The overall fiscal impact of the decision, which must not include a discussion of the details of the decision.

Ê The arbitrator must not be asked to discuss the decision during the meeting.

      13.  The chief executive officer of the local government shall report to the local government the fiscal impact of the decision. The report must include, without limitation, an analysis of the impact of the decision on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.

      (Added to NRS by 1977, 916; A 1985, 2163; 1987, 1860; 1995, 1938; 2005, 326; 2009, 2362; 2019, 3613)

      NRS 288.217  Submission of dispute between school district and employee organization to arbitrator: Selection of arbitrator; hearing; determination of financial ability of school district; negotiations and final offer; effect of decision of arbitrator; content of decision.

      1.  The provisions of this section govern negotiations between school districts and employee organizations representing teachers and educational support personnel.

      2.  If the parties to a negotiation pursuant to this section have failed to reach an agreement after at least four sessions of negotiation, either party may declare the negotiations to be at an impasse and, after 5 days’ written notice is given to the other party, submit the issues remaining in dispute to an arbitrator. The arbitrator must be selected in the manner provided in subsection 2 of NRS 288.200 and has the powers provided for fact finders in NRS 288.210.

      3.  The arbitrator shall, within 30 days after the arbitrator is selected, and after 7 days’ written notice is given to the parties, hold a hearing to receive information concerning the dispute. The hearing must be held in the county in which the school district is located and the arbitrator shall arrange for a full and complete record of the hearing.

      4.  The parties to the dispute shall each pay one-half of the costs of the arbitration.

      5.  A determination of the financial ability of a school district must be based on:

      (a) All existing available revenues as established by the school district, including, without limitation, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district, and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the school district to provide an education to the children residing within the district.

      (b) Consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multi-year contract the arbitrator must consider the ability to pay over the life of the contract being negotiated or arbitrated.

Ê Once the arbitrator has determined in accordance with this subsection that there is a current financial ability to grant monetary benefits, the arbitrator shall consider, to the extent appropriate, compensation of other governmental employees, both in and out of this State.

      6.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearing for a period of 3 weeks. If an agreement is reached, it must be submitted to the arbitrator, who shall certify it as final and binding.

      7.  If the parties do not enter into negotiations or do not agree within 30 days after the hearing held pursuant to subsection 3, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.

      8.  The arbitrator shall, within 10 days after the final offers are submitted, render a decision on the basis of the criteria set forth in NRS 288.200. The arbitrator shall accept one of the written statements and shall report the decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract between the parties.

      9.  The decision of the arbitrator must include a statement:

      (a) Giving the arbitrator’s reason for accepting the final offer that is the basis of the arbitrator’s award; and

      (b) Specifying the arbitrator’s estimate of the total cost of the award.

      10.  Within 45 days after the receipt of the decision from the arbitrator, the board of trustees of the school district shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:

      (a) The issues submitted pursuant to subsection 2;

      (b) The statement of the arbitrator pursuant to subsection 9; and

      (c) The overall fiscal impact of the decision which must not include a discussion of the details of the decision.

Ê The arbitrator must not be asked to discuss the decision during the meeting.

      11.  The superintendent of the school district shall report to the board of trustees the fiscal impact of the decision. The report must include, without limitation, an analysis of the impact of the decision on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.

      12.  As used in this section:

      (a) “Educational support personnel” means all classified employees of a school district, other than teachers, who are represented by an employee organization.

      (b) “Teacher” means an employee of a school district who is licensed to teach in this State and who is represented by an employee organization.

      (Added to NRS by 1991, 625; A 1995, 1939; 2009, 2363; 2015, 1598, 3845; 2017, 60; 2019, 2679, 3615)

      NRS 288.220  Certain proceedings not required to be open or public.  The following proceedings, required by or pursuant to this chapter, are not subject to any provision of NRS which requires a meeting to be open or public:

      1.  Any negotiation or informal discussion between a local government employer and an employee organization or employees as individuals, whether conducted by the governing body or through a representative or representatives.

      2.  Any meeting of a mediator with either party or both parties to a negotiation.

      3.  Any meeting or investigation conducted by a fact finder.

      4.  Any meeting of the governing body of a local government employer with its management representative or representatives.

      5.  Deliberations of the Board toward a decision on a complaint, appeal or petition for declaratory relief.

      (Added to NRS by 1969, 1380; A 1971, 600, 1508; 1977, 1368; 1979, 287)

Certain Employment Practices

      NRS 288.225  Employee leave for time spent performing duties or providing services for employee organization.  Repealed. (See chapter 432, Statutes of Nevada 2019, at page 2688.)

 

Illegal Strikes

      NRS 288.230  Legislative declaration; illegality of strikes.  [Replaced in revision by NRS 288.700.]

 

      NRS 288.240  Injunctive relief against strike or threatened strike.  [Replaced in revision by NRS 288.705.]

 

      NRS 288.250  Punishment of employee organization, officer or employee by court for commencement or continuation of strike in violation of order.  [Replaced in revision by NRS 288.710.]

 

      NRS 288.260  Punishment of employee by employer for commencement or continuation of strike or violation in violation of court’s order.  [Replaced in revision by NRS 288.715.]

 

Prohibited Practices

      NRS 288.270  Employer or representative; employee or employee organization.

      1.  It is a prohibited practice for a local government employer or its designated representative willfully to:

      (a) Interfere, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.

      (b) Dominate, interfere or assist in the formation or administration of any employee organization.

      (c) Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization.

      (d) Discharge or otherwise discriminate against any employee because the employee has signed or filed an affidavit, petition or complaint or given any information or testimony under this chapter, or because the employee has formed, joined or chosen to be represented by any employee organization.

      (e) Refuse to bargain collectively in good faith with the exclusive representative as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter.

      (f) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.

      (g) Fail to provide the information required by NRS 288.180.

      (h) Fail to comply with the requirements of NRS 281.755.

      2.  It is a prohibited practice for a local government employee or for an employee organization or its designated agent willfully to:

      (a) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.

      (b) Refuse to bargain collectively in good faith with the local government employer, if it is an exclusive representative, as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter.

      (c) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.

      (d) Fail to provide the information required by NRS 288.180.

      (Added to NRS by 1971, 1508; A 1975, 924; 1977, 757; 2017, 1069, 1429)

      NRS 288.280  Controversies concerning prohibited practices to be submitted to Board.  Any controversy concerning prohibited practices may be submitted to the Board in the same manner and with the same effect as provided in NRS 288.110, except that an alleged failure to provide information as provided by NRS 288.180 must be heard and determined by the Board as soon as possible after the complaint is filed with the Board.

      (Added to NRS by 1971, 1509; A 1977, 758; 2015, 1599; 2019, 2680)

EXECUTIVE DEPARTMENT OF STATE GOVERNMENT

General Provisions

      NRS 288.400  Legislative findings and declarations.

      1.  The Legislature hereby finds and declares that there is a great need to:

      (a) Promote orderly and constructive relations between the State and its employees; and

      (b) Increase the efficiency of the Executive Department of State Government.

      2.  It is therefore within the public interest that the Legislature enact provisions:

      (a) Granting certain state employees the right to associate with others in organizing and choosing representatives for the purpose of engaging in collective bargaining;

      (b) Requiring the State to recognize and negotiate wages, hours and other terms and conditions of employment with labor organizations that represent state employees and to enter into written agreements evidencing the result of collective bargaining; and

      (c) Establishing standards and procedures that protect the rights of employees, the Executive Department and the people of the State.

      (Added to NRS by 2019, 3730)

      NRS 288.405  Definitions.  As used in NRS 288.400 to 288.630, inclusive, unless the context otherwise requires, the words and terms defined in NRS 288.410 to 288.435, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2019, 3729)

      NRS 288.410  “Arbitration” defined.  “Arbitration” means a process of dispute resolution where the parties involved in an impasse or grievance dispute submit their dispute to a third party for a final and binding decision.

      (Added to NRS by 2019, 3729)

      NRS 288.415  “Bargaining unit” defined.  “Bargaining unit” means a collection of employees that the Board has established as a bargaining unit pursuant to NRS 288.515.

      (Added to NRS by 2019, 3729)

      NRS 288.420  “Confidential employee” defined.  “Confidential employee” means an employee who provides administrative support to an employee who assists in the formulation, determination and effectuation of personnel policies or managerial policies concerning collective bargaining or supplemental bargaining.

      (Added to NRS by 2019, 3729)

      NRS 288.425  “Employee” defined.

      1.  “Employee” means a person who:

      (a) Is employed in the classified service of the State pursuant to chapter 284 of NRS; or

      (b) Is employed by the Nevada System of Higher Education in the classified service of the State or is required to be paid in accordance with the pay plan for the classified service of the State.

      2.  The term does not include:

      (a) A managerial employee whose primary function, as determined by the Board, is to administer and control the business of any agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department and who is vested with discretion and independent judgment with regard to the general conduct and control of that agency, board, bureau, commission, department, division, elected officer or unit;

      (b) An elected official or any person appointed to fill a vacancy in an elected office;

      (c) A confidential employee;

      (d) A temporary employee who is employed for a fixed period of 4 months or less;

      (e) A commissioned officer or an enlisted member of the Nevada National Guard;

      (f) Any person employed by the Nevada System of Higher Education who is not in the classified service of the State or required to be paid in accordance with the pay plan of the classified service of the State; or

      (g) Any person employed by the Public Employees’ Retirement System who is required to be paid in accordance with the pay plan of the classified service of the State.

      (Added to NRS by 2019, 3729)

      NRS 288.430  “Exclusive representative” defined.  “Exclusive representative” means a labor organization that, as a result of its designation by the Board, has the exclusive right to represent all the employees within a bargaining unit and to engage in collective bargaining with the Executive Department pursuant to NRS 288.400 to 288.630, inclusive, concerning wages, hours and other terms and conditions of employment for those employees.

      (Added to NRS by 2019, 3730)

      NRS 288.435  “Grievance” defined.  “Grievance” means an act, omission or occurrence that an employee or an exclusive representative believes to be an injustice relating to any condition arising out of the relationship between an employer and an employee, including, without limitation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or agreement.

      (Added to NRS by 2019, 3730)

Fees

      NRS 288.475  Fees assessed against Executive Department.

      1.  On or before July 1 of each year, the Board shall charge and collect a fee from the Executive Department in an amount not to exceed $10 for each employee of the Executive Department who was employed by the Executive Department during the first pay period of the immediately preceding fiscal year.

      2.  The Executive Department shall pay the fee imposed pursuant to subsection 1 on or before July 31 of each year. The Executive Department shall not impose the fee against its employees.

      3.  If the Executive Department fails to pay the fee imposed pursuant to subsection 1 on or before July 31 of that year, the Board shall impose a civil penalty not to exceed $10 for each employee employed by the Executive Department for whom the fee was not paid.

      4.  The Executive Department may not receive a reduction in the amount of the fee imposed pursuant to subsection 1 or a refund of that amount if an employee is not employed for a full calendar year. The fee must be imposed whether or not the employee is a member of a labor organization.

      5.  Any money received from the fees collected pursuant to subsection 1 must be accounted for separately and may be used only to carry out the duties of the Board.

      6.  To carry out the provisions of this section, the Board may verify the identity and number of employees employed by the Executive Department by any reasonable means.

      (Added to NRS by 2019, 3730)

Labor Organizations and Collective Bargaining

      NRS 288.500  Rights of employees; mutual obligations to meet and bargain in good faith; subjects of mandatory bargaining; matters reserved to Executive Department without negotiation; other authorized actions; furnishing data; applicability of certain decisions of Board.

      1.  For the purposes of collective bargaining, supplemental bargaining and other mutual aid or protection, employees have the right to:

      (a) Organize, form, join and assist labor organizations, engage in collective bargaining and supplemental bargaining through exclusive representatives and engage in other concerted activities; and

      (b) Refrain from engaging in such activity.

      2.  Collective bargaining and supplemental bargaining entail a mutual obligation of the Executive Department and an exclusive representative to meet at reasonable times and to bargain in good faith with respect to:

      (a) The subjects of mandatory bargaining set forth in subsection 2 of NRS 288.150, except paragraph (f) of that subsection;

      (b) The negotiation of an agreement;

      (c) The resolution of any question arising under an agreement; and

      (d) The execution of a written contract incorporating the provisions of an agreement, if requested by either party.

      3.  The subject matters set forth in subsection 3 of NRS 288.150 are not within the scope of mandatory bargaining and are reserved to the Executive Department without negotiation.

      4.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to the provisions of NRS 288.400 to 288.630, inclusive, the Executive Department is entitled to take the actions set forth in paragraph (b) of subsection 5 of NRS 288.150. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

      5.  This section does not preclude, but the provisions of NRS 288.400 to 288.630, inclusive, do not require, the Executive Department to negotiate subject matters set forth in subsection 3 which are outside the scope of mandatory bargaining. The Executive Department shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

      6.  The Executive Department shall furnish to an exclusive representative data that is maintained in the ordinary course of business and which is relevant and necessary to the discussion of the subjects of mandatory bargaining described in subsection 2. This subsection shall not be construed to require the Executive Department to furnish to the exclusive representative any advice or training received by representatives of the Executive Department concerning collective bargaining.

      7.  To the greatest extent practicable, any decision issued by the Board before October 1, 2019, relating to the interpretation of, or the performance under, the provisions of NRS 288.150 shall be deemed to apply to any complaint arising out of the interpretation of, or performance under, the provisions of this section.

      (Added to NRS by 2019, 3731)

      NRS 288.505  Requirements for collective bargaining agreements; procedures for grievances; rules governing conflicts between agreements and statutes and regulations.

      1.  Each collective bargaining agreement must be in writing and must include, without limitation:

      (a) A procedure to resolve grievances which applies to all employees in the bargaining unit and culminates in final and binding arbitration. The procedure must be used to resolve all grievances relating to employment, including, without limitation, the administration and interpretation of the collective bargaining agreement, the applicability of any law, rule or regulation relating to the employment and appeal of discipline and other adverse personnel actions.

      (b) A provision which provides that an officer of the Executive Department shall, upon written authorization by an employee within the bargaining unit, withhold a sufficient amount of money from the salary or wages of the employee pursuant to NRS 281.129 to pay dues or similar fees to the exclusive representative of the bargaining unit. Such authorization may be revoked only in the manner prescribed in the authorization.

      (c) A nonappropriation clause that provides that any provision of the collective bargaining agreement which requires the Legislature to appropriate money is effective only to the extent of legislative appropriation.

      2.  Except as otherwise provided in subsections 3 and 4, the procedure to resolve grievances required in a collective bargaining agreement pursuant to paragraph (a) of subsection 1 is the exclusive means available for resolving grievances described in that paragraph.

      3.  An employee in a bargaining unit who has been dismissed, demoted or suspended may pursue a grievance related to that dismissal, demotion or suspension through:

      (a) The procedure provided in the agreement pursuant to paragraph (a) of subsection 1; or

      (b) The procedure prescribed by NRS 284.390,

Ê but once the employee has properly filed a grievance in writing under the procedure described in paragraph (a) or requested a hearing under the procedure described in paragraph (b), the employee may not proceed in the alternative manner.

      4.  An employee in a bargaining unit who is aggrieved by the failure of the Executive Department or its designated representative to comply with the requirements of NRS 281.755 may pursue a grievance related to that failure through:

      (a) The procedure provided in the agreement pursuant to paragraph (a) of subsection 1; or

      (b) The procedure prescribed by NRS 288.115,

Ê but once the employee has properly filed a grievance in writing under the procedure described in paragraph (a) or filed a complaint under the procedure described in paragraph (b), the employee may not proceed in the alternative manner.

      5.  If there is a conflict between any provision of an agreement between the Executive Department and an exclusive representative and:

      (a) Any regulation adopted by the Executive Department, the provision of the agreement prevails unless the provision of the agreement is outside of the lawful scope of collective bargaining.

      (b) An existing statute, other than a statute described in paragraph (c), the provision of the agreement may not be given effect unless the Legislature amends the existing statute in such a way as to eliminate the conflict.

      (c) A provision of chapter 284 or 287 of NRS or NRS 288.570, 288.575 or 288.580, the provision of the agreement prevails unless the Legislature is required to appropriate money to implement the provision, within the limits of legislative appropriations and any other available money.

      (Added to NRS by 2019, 3732)

      NRS 288.510  Authority of Governor regarding salaries, wages and other employee compensation included in proposed executive budget.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to the provisions of NRS 288.400 to 288.630, inclusive, the Governor may include in the biennial proposed executive budget of the State any amount of money the Governor deems appropriate for the salaries, wage rates or any other form of direct monetary compensation for employees.

      (Added to NRS by 2019, 3733)

      NRS 288.515  Establishment of bargaining units; classifications of employees within bargaining units.

      1.  The Board shall establish one bargaining unit for each of the following occupational groups of employees of the Executive Department:

      (a) Labor, maintenance, custodial and institutional employees, including, without limitation, employees of penal and correctional institutions who are not responsible for security at those institutions.

      (b) Administrative and clerical employees, including, without limitation, legal support staff and employees whose work involves general office work, or keeping or examining records and accounts.

      (c) Technical aides to professional employees, including, without limitation, computer programmers, tax examiners, conservation employees and regulatory inspectors.

      (d) Professional employees who do not provide health care, including, without limitation, engineers, scientists and accountants.

      (e) Professional employees who provide health care, including, without limitation, physical therapists and other employees in medical and other professions related to health.

      (f) Employees, other than professional employees, who provide health care and personal care, including, without limitation, employees who provide care for children.

      (g) Category I peace officers.

      (h) Category II peace officers.

      (i) Category III peace officers.

      (j) Supervisory employees from all occupational groups.

      (k) Firefighters.

      2.  The Board shall determine the classifications of employees within each bargaining unit. The parties to a collective bargaining agreement may assign a new classification to a bargaining unit based upon the similarity of the new classification to other classifications within the bargaining unit. If the parties to a collective bargaining agreement do not agree to the assignment of a new classification to a bargaining unit, the Board must assign a new classification to a bargaining unit based upon the similarity of the new classification to other classifications within the bargaining unit.

      3.  As used in this section:

      (a) “Category I peace officer” has the meaning ascribed to it in NRS 289.460.

      (b) “Category II peace officer” has the meaning ascribed to it in NRS 289.470.

      (c) “Category III peace officer” has the meaning ascribed to it in NRS 289.480.

      (d) “Professional employee” means an employee engaged in work that:

             (1) Is predominately intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;

             (2) Involves the consistent exercise of discretion and judgment in its performance;

             (3) Is of such a character that the result accomplished or produced cannot be standardized in relation to a given period; and

             (4) Requires advanced knowledge in a field of science or learning customarily acquired through a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from general academic education, an apprenticeship or training in the performance of routine mental or physical processes.

      (e) “Supervisory employee” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 288.138.

      (Added to NRS by 2019, 3735)

      NRS 288.520  Requirements for designating labor organization as exclusive representative for bargaining unit without holding election.  If no labor organization is designated as the exclusive representative of a bargaining unit and a labor organization files with the Board a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by more than 50 percent of the employees within the bargaining unit, the Board shall designate the labor organization as the exclusive representative of the bargaining unit without ordering an election.

      (Added to NRS by 2019, 3736)

      NRS 288.525  Requirements for designating labor organization as exclusive representative for bargaining unit following election.

      1.  If no labor organization is designated as the exclusive representative of a bargaining unit, the Board shall order an election to be conducted within the bargaining unit if:

      (a) A labor organization files with the Board a written request for an election which includes a list of its membership or other evidence showing that it has been authorized to serve as a representative by at least 30 percent but not more than 50 percent of the employees within the bargaining unit; and

      (b) No other election to choose, change or discontinue representation has been conducted within the bargaining unit during the immediately preceding 12 months.

      2.  If the Board designates a labor organization as the exclusive representative of a bargaining unit following an election pursuant to subsection 1 or pursuant to NRS 288.520, the Board shall order an election:

      (a) If either:

             (1) Another labor organization files with the Board a written request for an election which includes a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by at least 50 percent of the employees within the bargaining unit; or

             (2) A group of employees within the bargaining unit files with the Board a written request for an election which includes a list or other evidence showing that more than 50 percent of the employees within the bargaining unit have requested that an election be conducted to change or discontinue representation;

      (b) If applicable, the request filed pursuant to paragraph (a) is filed not more than 270 days and not less than 225 days before the date on which the current collective bargaining agreement in effect for the bargaining unit expires; and

      (c) If no other election to choose, change or discontinue representation has been conducted within the bargaining unit during the immediately preceding 12 months.

      (Added to NRS by 2019, 3736)

      NRS 288.530  Procedures for holding election to determine exclusive representative for bargaining unit.

      1.  If the Board orders an election within a bargaining unit pursuant to NRS 288.525, the Board shall order that each of the following be placed as a choice on the ballot for the election:

      (a) If applicable, the labor organization that requested the election pursuant to NRS 288.525;

      (b) If applicable, the labor organization that is presently designated as the exclusive representative of the bargaining unit;

      (c) Any other labor organization that, on or before the date that is prescribed by the rules adopted by the Board, files with the Board a written request to be placed on the ballot for the election and includes with the written request a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by at least 30 percent of the employees within the bargaining unit; and

      (d) A choice for “no representation.”

      2.  If a ballot for an election contains more than two choices and none of the choices on the ballot receives a majority of the votes cast at the initial election, the Board shall order a runoff election between the two choices on the ballot that received the highest number of votes at the initial election.

      3.  If the choice for “no representation” receives a majority of the votes cast at the initial election or at any runoff election, the Board shall designate the bargaining unit as being without representation.

      4.  If a labor organization receives a majority of the votes cast at the initial election or at any runoff election, the Board shall designate the labor organization as the exclusive representative of the bargaining unit.

      (Added to NRS by 2019, 3736)

      NRS 288.535  Duties of Board in presiding over election to determine exclusive representative for bargaining unit; objections to results of election; grounds for invalidating election.

      1.  The Board shall preside over all elections that are conducted pursuant to NRS 288.525 and shall determine the eligibility requirements for employees to vote in any such election.

      2.  A labor organization that is placed as a choice on the ballot for an election or any employee who is eligible to vote at an election may file with the Board a written objection to the results of the election. The objection must be filed not later than 10 days after the date on which the notice of the results of the election is given by the Board.

      3.  In response to a written objection filed pursuant to subsection 2 or upon its own motion, the Board may invalidate the results of an election and order a new election if the Board finds that any conduct or circumstances raise substantial doubt that the results of the election are reliable.

      (Added to NRS by 2019, 3737)

      NRS 288.540  Duties of exclusive representative for bargaining unit; rights of employees and exclusive representative regarding grievances; labor organization may serve as exclusive representative for multiple bargaining units.

      1.  Except as otherwise provided in subsection 2, an exclusive representative shall:

      (a) Act as the agent and exclusive representative of all employees within each bargaining unit that it represents; and

      (b) In good faith and on behalf of each bargaining unit that it represents, individually or collectively, bargain with the Executive Department concerning the wages, hours and other terms and conditions of employment for the employees within each bargaining unit that it represents, including, without limitation, any terms and conditions of employment that are within the scope of supplemental bargaining pursuant to NRS 288.585.

      2.  If an employee is within a bargaining unit that has an exclusive representative, the employee has the right to present grievances to the Executive Department at any time and to have those grievances adjusted without the intervention of the exclusive representative if:

      (a) The exclusive representative is given an opportunity to be present at any meetings or hearings related to the adjustment of the grievance and provided a copy of the adjustment of the grievance; and

      (b) The adjustment of the grievance is not inconsistent with the provisions of the collective bargaining agreement or any supplemental bargaining agreement then in effect.

      3.  A labor organization may serve as an exclusive representative for multiple bargaining units established pursuant to NRS 288.515.

      (Added to NRS by 2019, 3737)

      NRS 288.545  Withholding from salary or wages to pay dues or fees to labor organization designated as exclusive representative for bargaining unit.  If the Board designates a labor organization as the exclusive representative of a bargaining unit pursuant to NRS 288.400 to 288.630, inclusive, an officer of the Executive Department shall not, pursuant to NRS 281.129, withhold any amount of money from the salary or wages of an employee within the bargaining unit to pay dues or similar fees to a labor organization other than the labor organization that is the exclusive representative of the bargaining unit.

      (Added to NRS by 2019, 3738)

      NRS 288.550  Term of collective bargaining agreements; continuation of agreements beyond term under certain circumstances.  Except as otherwise provided in this section, the term of a collective bargaining agreement must begin on July 1 of an odd-numbered year and must end on June 30 of the next odd-numbered year. If the parties cannot agree to a new collective bargaining agreement before the end of the term of a collective bargaining agreement, the terms of that collective bargaining agreement remain in effect until a new collective bargaining agreement takes effect.

      (Added to NRS by 2019, 3738)

      NRS 288.555  Collective bargaining agreements must be approved by State Board of Examiners at public hearing.

      1.  Any new, extended or modified collective bargaining agreement or similar agreement between the Executive Department and an exclusive representative must be approved by the State Board of Examiners at a public hearing.

      2.  Not less than 3 business days before the date of the hearing, the State Board of Examiners shall cause the following documents to be posted and made available for downloading on the Internet website used by the State Board of Examiners to provide public notice of its meetings:

      (a) The proposed agreement and any exhibits or other attachments to the proposed agreement;

      (b) If the proposed agreement is a modification of a previous agreement, a document showing any language added to or deleted from the previous agreement; and

      (c) Any supporting material prepared for the governing body and relating to the fiscal impact of the agreement.

      3.  At the hearing, the State Board of Examiners shall consider the fiscal impact of the agreement.

      (Added to NRS by 2019, 3738)

      NRS 288.560  Effective date of provisions of collective bargaining agreements; exception for provisions that require legislative measure to be given effect; duty of Governor to request drafting of legislative measure.  If a provision of a collective bargaining agreement:

      1.  Does not require an act of the Legislature to be given effect, the provision becomes effective in accordance with the terms of the agreement.

      2.  Requires an act of the Legislature to be given effect:

      (a) The Governor shall request the drafting of a legislative measure pursuant to NRS 218D.175 to effectuate the provision; and

      (b) The provision becomes effective, if at all, on the date on which the act of the Legislature becomes effective.

      (Added to NRS by 2019, 3738)

      NRS 288.565  Duty of Governor to designate representative to negotiate collective bargaining agreements on behalf of Executive Department; time for conducting negotiations.

      1.  The Governor shall designate a representative to conduct negotiations concerning collective bargaining agreements on behalf of the Executive Department. The representative may, with the approval of the Governor, delegate the responsibility to conduct such negotiations to another person.

      2.  A representative designated pursuant to subsection 1 and an exclusive representative shall begin negotiations concerning a collective bargaining agreement within 60 days after one party notifies the other party of the desire to negotiate or on or before November 1 of each even-numbered year, whichever is earlier.

      3.  As soon as practicable after the Board designates an exclusive representative of an unrepresented bargaining unit pursuant to NRS 288.400 to 288.630, inclusive, the exclusive representative shall engage in collective bargaining with the representative designated pursuant to subsection 1 as required by NRS 288.540 to establish a collective bargaining agreement with a term ending on June 30 of the next odd-numbered year.

      (Added to NRS by 2019, 3738)

      NRS 288.570  Request for mediation if parties cannot reach collective bargaining agreements; time for conducting mediation.

      1.  Either party may request a mediator from the Federal Mediation and Conciliation Service if the parties do not reach a collective bargaining agreement:

      (a) Within 120 days after the date on which the parties began negotiations or on or before February 1 of an odd-numbered year, whichever is earlier; or

      (b) On or before any later date set by agreement of the parties.

      2.  The mediator shall bring the parties together as soon as possible after his or her appointment and shall attempt to settle each issue in dispute within 21 days after his or her appointment or any later date set by agreement of the parties.

      (Added to NRS by 2019, 3739)

      NRS 288.575  Discontinuance of mediation; selection of impartial arbitrator; time for conducting arbitration; procedures; payment of costs.

      1.  If a mediator selected pursuant to NRS 288.570 determines that his or her services are no longer helpful or if the parties do not reach a collective bargaining agreement through mediation within 21 days after the appointment of the mediator or on or before any later date set by agreement of the parties, the mediator shall discontinue mediation and the parties shall attempt to agree upon an impartial arbitrator. Any proposal that conflicts or is otherwise inconsistent with any provision of state law, other than the provisions of chapters 284 and 287 of NRS, shall be considered withdrawn by the proposing party when mediation is discontinued.

      2.  If the parties do not agree upon an impartial arbitrator within 5 days after the date on which mediation is discontinued pursuant to subsection 1 or on or before any later date set by agreement of the parties, the parties shall request from the Federal Mediation and Conciliation Service a list of seven potential arbitrators. The parties shall select an arbitrator from this list by alternately striking one name until the name of only one arbitrator remains, and that arbitrator must hear the dispute in question. The party who will strike the first name must be determined by a coin toss.

      3.  The arbitrator shall begin arbitration proceedings on or before March 1 or any later date set by agreement of the parties.

      4.  The arbitrator and the parties shall apply and follow the procedures for arbitration that are prescribed by any rules adopted by the Board pursuant to NRS 288.110. During arbitration, the parties retain their respective duties to negotiate in good faith.

      5.  The arbitrator may administer oaths or affirmations, take testimony and issue and seek enforcement of a subpoena in the same manner as the Board pursuant to NRS 288.120, and, except as otherwise provided in subsection 7, the provisions of NRS 288.120 apply to any subpoena issued by the arbitrator.

      6.  The arbitrator shall render a decision on or before March 15 or any later date set by agreement of the parties.

      7.  The Executive Department and the exclusive representative shall each pay one-half of the cost of arbitration.

      (Added to NRS by 2019, 3739)

      NRS 288.580  Requirements and standards for decision of arbitrator; decision is final and binding.

      1.  For issues in dispute after arbitration proceedings are held pursuant to NRS 288.575, the arbitrator shall incorporate either the final offer of the Executive Department or the final offer of the exclusive representative into his or her decision. The decision of the arbitrator shall be limited to a selection of one of the two final offers of the parties. The arbitrator shall not revise or amend the final offer of either party on any issue.

      2.  To determine which final offer to incorporate into his or her decision, the arbitrator shall assess the reasonableness of:

      (a) The position of each party as to each issue in dispute; and

      (b) The contractual terms and provisions contained in each final offer.

      3.  In assessing reasonableness pursuant to subsection 2, the arbitrator shall:

      (a) Compare the wages, hours and other terms and conditions of employment for the employees within the bargaining unit with the wages, hours and other terms and conditions of employment for other employees performing similar services and for other employees generally:

             (1) In public employment in comparable communities; and

             (2) In private employment in comparable communities; and

      (b) Consider, without limitation:

             (1) The financial ability of the State to pay the costs associated with the proposed collective bargaining agreement, with due regard for the primary obligation of the State to safeguard the health, safety and welfare of the people of this State;

             (2) The average prices paid by consumers for goods and services in geographic location where the employees work; and

             (3) Such other factors as are normally or traditionally used as part of collective bargaining, mediation, arbitration or other methods of dispute resolution to determine the wages, hours and other terms and conditions of employment for employees in public or private employment.

      4.  The decision of the arbitrator is final and binding upon the parties.

      (Added to NRS by 2019, 3739)

      NRS 288.585  Supplemental bargaining.

      1.  Except as otherwise provided in this section, the Executive Department and the exclusive representative of a bargaining unit may engage in supplemental bargaining concerning any terms and conditions of employment which are peculiar to or which uniquely affect fewer than all the employees within the bargaining unit.

      2.  The Executive Department and an exclusive representative may engage in supplemental bargaining pursuant to subsection 1 for fewer than all the employees within two or more bargaining units that the exclusive representative represents if the requirements of subsection 1 are met for each such bargaining unit. Supplemental bargaining must be conducted in the manner prescribed by NRS 288.400 to 288.630, inclusive.

      3.  If the parties reach a supplemental bargaining agreement pursuant to this section, the provisions of the supplemental bargaining agreement:

      (a) Must be in writing; and

      (b) Shall be deemed to be incorporated into the provisions of each collective bargaining agreement then in effect between the Executive Department and the employees who are subject to the supplemental bargaining agreement if the provisions of the supplemental bargaining agreement do not conflict with the provisions of the collective bargaining agreement.

      4.  If any provision of the supplemental bargaining agreement conflicts with any provision of the collective bargaining agreement, the provision of the supplemental bargaining agreement is void and the provision of the collective bargaining agreement must be given effect.

      5.  The provisions of the supplemental bargaining agreement expire at the same time as the other provisions of the collective bargaining agreement into which they are incorporated.

      6.  The Executive Department and an exclusive representative may, during collective bargaining conducted pursuant to NRS 288.400 to 288.630, inclusive, negotiate and include in a collective bargaining agreement any terms and conditions of employment that would otherwise be within the scope of supplemental bargaining conducted pursuant to this section.

      (Added to NRS by 2019, 3740)

      NRS 288.590  Certain proceedings not required to be open or public.  The following proceedings, required by or conducted pursuant to this chapter, are not subject to any provision of NRS which requires a meeting to be open or public:

      1.  Any negotiation or informal discussion between the Executive Department and a labor organization or employees as individuals.

      2.  Any meeting of a mediator with either party or both parties to a negotiation.

      3.  Any meeting or investigation conducted by an arbitrator.

      4.  Deliberations of the Board toward a decision on a complaint, appeal or petition for declaratory relief.

      (Added to NRS by 2019, 3741)

      NRS 288.595  Capacity to sue or be sued; court actions and proceedings; jurisdiction; limitations on liability.

      1.  Except as otherwise provided by specific statute, a labor organization and the Executive Department may sue or be sued as an entity pursuant to NRS 288.400 to 288.630, inclusive.

      2.  If any action or proceeding is brought by or against a labor organization pursuant to NRS 288.400 to 288.630, inclusive, the district court in and for the county in which the labor organization maintains its principal office or the county in which the claim arose has jurisdiction over the claim.

      3.  A natural person and his or her assets are not subject to liability for any judgment awarded pursuant to NRS 288.400 to 288.630, inclusive, against the Executive Department or a labor organization.

      (Added to NRS by 2019, 3741)

Prohibited Practices

      NRS 288.620  Types of prohibited practices; certain conduct deemed not to be failure to negotiate in good faith; applicability of certain decisions of Board.

      1.  It is a prohibited practice for the Executive Department or its designated representative willfully to:

      (a) Engage in any prohibited practice applicable to a local government employer or its designated representative set forth in subsection 1 of NRS 288.270, except paragraphs (e) and (g) of that subsection.

      (b) Refuse to bargain collectively in good faith with an exclusive representative as required in NRS 288.565. Bargaining collectively includes the entire bargaining process, including, without limitation, mediation or arbitration.

      (c) Failure to provide the information required in NRS 288.500.

      2.  It is a prohibited practice for an employee or for a labor organization or its designated agent willfully to:

      (a) Engage in any prohibited practice applicable to a local government employee or a labor organization or its designated representative set forth in subsection 2 of NRS 288.270, except paragraphs (b) and (d) of that subsection.

      (b) Refuse to bargain in good faith with the Executive Department, if it is an exclusive representative, as required in NRS 288.540. Bargaining collectively includes the entire bargaining process, including, without limitation, mediation or arbitration.

      3.  The inclusion by the Governor in the biennial proposed executive budget of the State of an amount of money for the salaries, wage rates or any other form of direct monetary compensation for employees which conflicts with the terms of a collective bargaining agreement must not be construed as a failure of the Executive Department to negotiate in good faith.

      4.  To the greatest extent practicable, any decision issued by the Board before October 1, 2019, relating to the interpretation of, or the performance under, the provisions of NRS 288.270 shall be deemed to apply to any complaint arising out of the interpretation of, or performance under, the provisions of this section.

      (Added to NRS by 2019, 3733)

      NRS 288.625  Complaints, investigations and hearings regarding prohibited practices; authorized actions by Board; injunctive relief; judicial review.

      1.  To establish that a party committed a prohibited practice in violation of NRS 288.620, the party aggrieved by the practice must file a complaint with the Board in accordance with procedures prescribed by the Board.

      2.  The Board may conduct a preliminary investigation of the complaint. Based on such an investigation:

      (a) If the Board determines that the complaint has no basis in law or fact, the Board shall dismiss the complaint.

      (b) If the Board determines that the complaint may have a basis in law or fact, the Board shall order a hearing to be conducted in accordance with:

             (1) The provisions of chapter 233B of NRS that apply to a contested case; and

             (2) Any rules adopted by the Board pursuant to NRS 288.110.

      3.  If the Board finds at the hearing that the party accused in the complaint has committed a prohibited practice, the Board:

      (a) Shall order the party to cease and desist from engaging in the prohibited practice; and

      (b) May order any other affirmative relief that is necessary to remedy the prohibited practice.

      4.  The Board or any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 4 may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.

      5.  Any order or decision issued by the Board pursuant to this section concerning the merits of a complaint is a final decision in a contested case and may be appealed pursuant to the provisions of chapter 233B of NRS that apply to a contested case, except that a party aggrieved by the order or decision of the Board must file a petition for judicial review not later than 10 days after being served with the order or decision of the Board.

      (Added to NRS by 2019, 3733)

      NRS 288.630  Appointment of hearing officers to conduct hearings regarding prohibited practices; appeal of decision to Board; authorized actions by Board; injunctive relief; judicial review.

      1.  The Board may appoint a hearing officer to conduct a hearing that the Board is otherwise required to conduct pursuant to NRS 288.625.

      2.  A decision of the hearing officer may be appealed to the Board.

      3.  On appeal to the Board, the Board may consider the record of the hearing or may conduct a hearing de novo. A hearing de novo conducted by the Board must be conducted in accordance with:

      (a) The provisions of chapter 233B of NRS that apply to a contested case; and

      (b) Any rules adopted by the Board pursuant to NRS 288.110.

      4.  If the Board finds at the hearing that the party accused in the complaint has committed a prohibited practice, the Board:

      (a) Shall order the party to cease and desist from engaging in the prohibited practice; and

      (b) May order any other affirmative relief that is necessary to remedy the prohibited practice.

      5.  The Board or any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 4 may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.

      6.  Any order or decision issued by the Board pursuant to this section concerning the merits of a complaint is a final decision in a contested case and may be appealed pursuant to the provisions of chapter 233B of NRS that apply to a contested case, except that a party aggrieved by the order or decision of the Board must file a petition for judicial review not later than 10 days after being served with the order or decision of the Board.

      (Added to NRS by 2019, 3734)

ILLEGAL STRIKES AGAINST STATE OR LOCAL GOVERNMENT EMPLOYERS

      NRS 288.700  Legislative findings and declaration; illegality of strikes.

      1.  The Legislature finds as facts:

      (a) That the services provided by the State and local government employers are of such nature that they are not and cannot be duplicated from other sources and are essential to the health, safety and welfare of the people of the State of Nevada;

      (b) That the continuity of such services is likewise essential, and their disruption incompatible with the responsibility of the State to its people; and

      (c) That every person who enters or remains in the employment of the State or a local government employer accepts the facts stated in paragraphs (a) and (b) as an essential condition of the person’s employment.

      2.  The Legislature therefore declares it to be the public policy of the State of Nevada that strikes against the State or any local government employer are illegal.

      (Added to NRS by 1969, 1382) — (Substituted in revision for NRS 288.230)

      NRS 288.705  Injunctive relief against strike or threatened strike.

      1.  If a strike occurs against the State or a local government employer, the State or local government employer shall, and if a strike is threatened against the State or a local government employer, the State or local government employer may, apply to a court of competent jurisdiction to enjoin such strike. The application shall set forth the facts constituting the strike or threat to strike.

      2.  If the court finds that an illegal strike has occurred or unless enjoined will occur, it shall enjoin the continuance or commencement of such strike. The provisions of N.R.C.P. 65 and of the other Nevada Rules of Civil Procedure apply generally to proceedings under this section, but the court shall not require security of the State or of any local government employer.

      (Added to NRS by 1969, 1382) — (Substituted in revision for NRS 288.240)

      NRS 288.710  Punishment of employee organization, labor organization, officer or employee by court for commencement or continuation of strike in violation of order.

      1.  If a strike is commenced or continued in violation of an order issued pursuant to NRS 288.705, the court may:

      (a) Punish each employee organization or labor organization guilty of such violation by a fine of not more than $50,000 against each employee organization or labor organization for each day of continued violation.

      (b) Punish any officer of an employee organization or labor organization who is wholly or partly responsible for such violation by a fine of not more than $1,000 for each day of continued violation, or by imprisonment as provided in NRS 22.110.

      (c) Punish any employee of the State or of a local government employer who participates in such strike by ordering the dismissal or suspension of such employee.

      2.  Any of the penalties enumerated in subsection 1 may be applied alternatively or cumulatively, in the discretion of the court.

      (Added to NRS by 1969, 1382; A 2019, 3742) — (Substituted in revision for NRS 288.250)

      NRS 288.715  Punishment of employee by employer for commencement or continuation of strike or violation in violation of court’s order.

      1.  If a strike or violation is commenced or continued in violation of an order issued pursuant to NRS 288.705, the State or the local government employer may:

      (a) Dismiss, suspend or demote all or any of the employees who participate in such strike or violation.

      (b) Cancel the contracts of employment of all or any of the employees who participate in such strike or violation.

      (c) Withhold all or any part of the salaries or wages which would otherwise accrue to all or any of the employees who participate in such strike or violation.

      2.  Any of the powers conferred by subsection 1 may be exercised alternatively or cumulatively.

      (Added to NRS by 1969, 1383; A 1971, 1508) — (Substituted in revision for NRS 288.260)