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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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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 local1-3
government employer shall negotiate in good faith through one or more1-4
representatives of its own choosing concerning the mandatory subjects of1-5
bargaining set forth in subsection 2 with the designated representatives of1-6
the recognized employee organization, if any, for each appropriate1-7
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 or1-17
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 discrimination2-7
because of participation in recognized employee organizations consistent2-8
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 disputes2-11
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 of2-18
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 mandatory2-21
bargaining and which are reserved to the local government employer2-22
without negotiation include:2-23
(a) Except as otherwise provided in paragraph (u) of subsection 2, the2-24
right to hire, direct, assign or transfer an employee, but excluding the right2-25
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 lack2-27
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 , work2-32
load factors, except for safety considerations;2-33
(3) The quality and quantity of services to be offered to the public;2-34
and2-35
(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 bargaining2-38
agreement negotiated pursuant to this chapter, a local government employer2-39
is entitled to take whatever actions may be necessary to carry out its2-40
responsibilities in situations of emergency such as a riot, military action,2-41
natural disaster or civil disorder. Those actions may include the suspension2-42
of any collective bargaining agreement for the duration of the emergency.3-1
Any action taken3-2
not be construed as a failure to negotiate in good faith.3-3
5. The provisions of this chapter, including , without limitation , the3-4
provisions of this section, recognize and declare the ultimate right and3-5
responsibility of the local government employer to manage its operation in3-6
the most efficient manner consistent with the best interests of all its3-7
citizens, its taxpayers and its employees.3-8
6. This section does not preclude, but this chapter does not require the3-9
local government employer to negotiate subject matters enumerated in3-10
subsection 3 which are outside the scope of mandatory bargaining. The3-11
local government employer shall discuss subject matters outside the scope3-12
of mandatory bargaining , but it is not required to negotiate those matters.3-13
7. Contract provisions presently existing in signed and ratified3-14
agreements as of May 15, 1975, at 12 p.m. remain negotiable.~