Assembly Bill No. 11–Committee on Government Affairs

Prefiled January 7, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Expands mandatory subject of bargaining relating to policies for transfer and reassignment of teachers to include all employees of school districts. (BDR 23-110)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public employment; expanding the mandatory subject of bargaining relating to policies for the transfer and reassignment of teachers to include all employees of school districts; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 288.150 is hereby amended to read as follows:

1-2 288.150 1. Except as otherwise provided in subsection 4, every local

1-3 government employer shall negotiate in good faith through one or more

1-4 representatives of its own choosing concerning the mandatory subjects of

1-5 bargaining set forth in subsection 2 with the designated representatives of

1-6 the recognized employee organization, if any, for each appropriate

1-7 bargaining unit among its employees. If either party so requests,

1-8 agreements reached must be reduced to writing.

1-9 2. The scope of mandatory bargaining is limited to:

1-10 (a) Salary or wage rates or other forms of direct monetary compensation.

1-11 (b) Sick leave.

1-12 (c) Vacation leave.

1-13 (d) Holidays.

1-14 (e) Other paid or nonpaid leaves of absence.

1-15 (f) Insurance benefits.

1-16 (g) Total hours of work required of an employee on each workday or

1-17 work week.

2-1 (h) Total number of days’ work required of an employee in a work year.

2-2 (i) Discharge and disciplinary procedures.

2-3 (j) Recognition clause.

2-4 (k) The method used to classify employees in the bargaining unit.

2-5 (l) Deduction of dues for the recognized employee organization.

2-6 (m) Protection of employees in the bargaining unit from discrimination

2-7 because of participation in recognized employee organizations consistent

2-8 with the provisions of this chapter.

2-9 (n) No-strike provisions consistent with the provisions of this chapter.

2-10 (o) Grievance and arbitration procedures for resolution of disputes

2-11 relating to interpretation or application of collective bargaining agreements.

2-12 (p) General savings clauses.

2-13 (q) Duration of collective bargaining agreements.

2-14 (r) Safety of the employee.

2-15 (s) Teacher preparation time.

2-16 (t) Materials and supplies for classrooms.

2-17 (u) The policies for the transfer and reassignment of [teachers.] persons

2-18 employed by a school district pursuant to NRS 391.100.

2-19 (v) Procedures for reduction in work force.

2-20 3. Those subject matters which are not within the scope of mandatory

2-21 bargaining and which are reserved to the local government employer

2-22 without negotiation include:

2-23 (a) Except as otherwise provided in paragraph (u) of subsection 2, the

2-24 right to hire, direct, assign or transfer an employee, but excluding the right

2-25 to assign or transfer an employee as a form of discipline.

2-26 (b) The right to reduce in force or lay off any employee because of lack

2-27 of work or lack of money, subject to paragraph (v) of subsection 2.

2-28 (c) The right to determine:

2-29 (1) Appropriate staffing levels and work performance standards,

2-30 except for safety considerations;

2-31 (2) The content of the workday, including , without limitation , work

2-32 load factors, except for safety considerations;

2-33 (3) The quality and quantity of services to be offered to the public;

2-34 and

2-35 (4) The means and methods of offering those services.

2-36 (d) Safety of the public.

2-37 4. Notwithstanding the provisions of any collective bargaining

2-38 agreement negotiated pursuant to this chapter, a local government employer

2-39 is entitled to take whatever actions may be necessary to carry out its

2-40 responsibilities in situations of emergency such as a riot, military action,

2-41 natural disaster or civil disorder. Those actions may include the suspension

2-42 of any collective bargaining agreement for the duration of the emergency.

3-1 Any action taken [under] pursuant to the provisions of this subsection must

3-2 not be construed as a failure to negotiate in good faith.

3-3 5. The provisions of this chapter, including , without limitation , the

3-4 provisions of this section, recognize and declare the ultimate right and

3-5 responsibility of the local government employer to manage its operation in

3-6 the most efficient manner consistent with the best interests of all its

3-7 citizens, its taxpayers and its employees.

3-8 6. This section does not preclude, but this chapter does not require the

3-9 local government employer to negotiate subject matters enumerated in

3-10 subsection 3 which are outside the scope of mandatory bargaining. The

3-11 local government employer shall discuss subject matters outside the scope

3-12 of mandatory bargaining , but it is not required to negotiate those matters.

3-13 7. Contract provisions presently existing in signed and ratified

3-14 agreements as of May 15, 1975, at 12 p.m. remain negotiable.

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