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).

1-1 Section 1. NRS 281.129 is hereby amended to read as follows:

1-2 281.129 Any officer of the state, except the legislative fiscal officer,

1-15 department.

2-1 Sec. 2. NRS 284.013 is hereby amended to read as follows:

2-2 284.013 1. Except as otherwise provided in subsection 4, this

2-42 meaning ascribed to it in section 17 of this act.

3-1 Sec. 3. Chapter 288 of NRS is hereby amended by adding thereto the

3-2 provisions set forth as sections 4 to 50, inclusive, of this act.

3-3 Sec. 4. As used in sections 4 to 50, inclusive, of this act, unless the

3-4 context otherwise requires, the words and terms defined in sections 5 to

3-5 17, inclusive, of this act have the meanings ascribed to them in those

3-6 sections.

3-7 Sec. 5. "Bargaining unit" means a collection of employees that the

3-8 board has established as a bargaining unit pursuant to section 27 of this

3-9 act.

3-10 Sec. 6. "Board" means the board for labor relations for state

3-11 employees.

3-12 Sec. 7. "Chief of the budget division" means the chief of the budget

3-13 division of the department of administration.

3-14 Sec. 8. "Collective bargaining" means a method to determine the

3-15 terms and conditions of employment for all employees within a

3-16 bargaining unit through negotiation, mediation or arbitration between

3-17 the executive department and the exclusive representative of the

3-18 bargaining unit pursuant to sections 4 to 50, inclusive, of this act.

3-19 Sec. 9. "Confidential employee" means an employee who:

3-20 1. Assists in the formulation, determination and effectuation of

3-21 personnel policies or managerial policies concerning collective

3-22 bargaining or supplemental bargaining;

3-23 2. Provides administrative support to an employee described in

3-24 subsection 1; or

3-25 3. Is employed by the board.

3-26 Sec. 10. 1. "Employee" means a person who:

3-27 (a) Is employed in the classified service of the state pursuant to

3-28 chapter 284 of NRS, including, without limitation, persons employed in

3-29 the classified service by the University and Community College System of

3-30 Nevada;

3-31 (b) Is employed by the public employees’ retirement system and who is

3-32 required to be paid in accordance with the pay plan for the classified

3-33 service of the state; and

3-34 (c) Is employed by any other employer that receives money from the

3-35 State of Nevada if the National Labor Relations Board has refused to

3-36 assert jurisdiction over the employer because the employer lacks the

3-37 ultimate authority to determine the primary terms and conditions of

3-38 employment and who is in a position similar to a position in the classified

3-39 service of the state.

4-1 2. The term does not include:

4-2 (a) An employee whose position is classified at grade 42 or higher

4-3 under the pay plan in existence on January 1, 1999, or whose position is

4-4 given an equivalent classification under any subsequently adopted pay

4-5 plan;

4-6 (b) A compositor, machine operator, pressman or assistant who is

4-7 employed pursuant to NRS 344.080 by the superintendent of the state

4-8 printing division of the department of administration;

4-9 (c) A confidential employee;

4-10 (d) An employee who is normally scheduled to work 20 hours or less

4-11 per week, unless the employee is hired to avoid the provisions of sections

4-12 4 to 50, inclusive, of this act; and

4-13 (e) A temporary employee who is employed for a fixed period of 4

4-14 months or less.

4-15 Sec. 11. "Employee organization" means an organization that is

4-16 created, maintained and operated to represent employees concerning the

4-17 terms and conditions of employment for those employees.

4-18 Sec. 12. "Exclusive representative" means an employee organization

4-19 that, as a result of designation by the board, has the exclusive right to

4-20 represent all employees within a bargaining unit and to negotiate with

4-21 the executive department pursuant to sections 4 to 50, inclusive, of this

4-22 act concerning the terms and conditions of employment for those

4-23 employees.

4-24 Sec. 13. "Executive department" means an agency, board, bureau,

4-25 commission, department, division, elected officer or any other unit of the

4-26 executive department of state government.

4-27 Sec. 14. "Mediation" means assistance by an impartial third party to

4-28 reconcile differences between the executive department and an exclusive

4-29 representative through interpretation, suggestion and advice.

4-30 Sec. 15. "Party" includes, without limitation, the executive

4-31 department.

4-32 Sec. 16. "Supplemental bargaining" means bargaining concerning

4-33 the terms and conditions of employment that is conducted pursuant to

4-34 section 45 of this act.

4-35 Sec. 17. Except as otherwise provided in sections 4 to 50, inclusive,

4-36 of this act, "terms and conditions of employment" include, without

4-37 limitation:

4-38 1. Salaries and wages;

4-39 2. Hours and working conditions;

4-40 3. Benefits other than benefits related to the public employees’

4-41 retirement system;

4-42 4. Grievances; and

4-43 5. Labor disputes.

5-1 Sec. 18. The provisions of chapter 241 of NRS do not apply to any of

5-2 the following, if conducted for the purposes of sections 4 to 50, inclusive,

5-3 of this act:

5-4 1. A negotiation or informal discussion between the executive

5-5 department and an employee organization.

5-6 2. A meeting or investigation conducted by a mediator or arbitrator.

5-7 3. A meeting between the executive department and its designated

5-8 representatives concerning collective bargaining or supplemental

5-9 bargaining.

5-10 Sec. 19. 1. The board for labor relations for state employees is

5-11 hereby created, consisting of three members appointed as follows:

5-12 (a) One member appointed by the governor;

5-13 (b) One member appointed by the majority leader of the senate; and

5-14 (c) One member appointed by the speaker of the assembly.

5-15 2. The members of the board must be broadly representative of the

5-16 public and must not be closely allied with any employee organization or

5-17 the executive department.

5-18 3. The term of office of each member of the board is 4 years.

5-19 4. The members of the board serve at the pleasure of the appointing

5-20 authority in each case.

5-21 5. Any vacancy in the membership of the board must be filled for the

5-22 remainder of the unexpired term in the same manner as the original

5-23 appointment.

5-24 Sec. 20. 1. The members of the board shall annually elect one of

5-25 their number as chairman and one as vice chairman. The vice chairman

5-26 shall perform the duties of the chairman during any absence of the

5-27 chairman.

5-28 2. Two members of the board constitute a quorum.

5-29 3. The board may, within the limits of legislative appropriations:

5-30 (a) Appoint an executive secretary, who is in the classified service of

5-31 the state; and

5-32 (b) Employ such clerical personnel as may be necessary, who are in

5-33 the classified service of the state.

5-34 Sec. 21. 1. Each member of the board is entitled to receive a salary

5-35 of not more than $80, as fixed by the board, for each day in which the

5-36 member is engaged in the business of the board.

5-37 2. While engaged in the business of the board, each member and

5-38 employee of the board is entitled to receive the per diem allowance and

5-39 travel expenses provided for state officers and employees generally.

5-40 Sec. 22. 1. The board shall adopt regulations concerning:

5-41 (a) The establishment of bargaining units and the classifications of

5-42 employees within each bargaining unit pursuant to section 27 of this act;

6-1 (b) The recognition of employee organizations and the designation of

6-2 exclusive representatives pursuant to sections 28 to 32, inclusive, of this

6-3 act;

6-4 (c) Procedures for mediation;

6-5 (d) Procedures for arbitration; and

6-6 (e) Hearings and proceedings before the board, including, without

6-7 limitation, hearings and proceedings conducted pursuant to section 48 of

6-8 this act.

6-9 2. The board may adopt any other regulations that are necessary to

6-10 carry out the provisions of sections 4 to 50, inclusive, of this act.

6-11 3. The board may hear and determine any complaint:

6-12 (a) Arising out of the interpretation or performance of an agreement

6-13 entered into pursuant to sections 4 to 50, inclusive, of this act;

6-14 (b) Concerning the classification of an employee within an

6-15 appropriate bargaining unit pursuant to section 27 of this act; or

6-16 (c) Concerning a practice that is prohibited by section 47 of this act.

6-17 Sec. 23. 1. In carrying out the provisions of sections 4 to 50,

6-18 inclusive, of this act, the board may:

6-19 (a) Administer oaths or affirmations;

6-20 (b) Take testimony; and

6-21 (c) Issue subpoenas to compel the attendance and testimony of a

6-22 person and to compel the production of books, papers and other items

6-23 that are relevant to a matter being investigated or considered by the

6-24 board.

6-25 2. If a person named in a subpoena fails or refuses to attend or

6-26 testify before the board, to answer any questions propounded by the

6-27 board or to produce the books, papers or other items required by the

6-28 subpoena, the chairman of the board may petition the district court to

6-29 enter an order compelling the person to attend and testify before the

6-30 board, to answer the questions propounded by the board or to produce

6-31 the books, papers or other items required by the subpoena. The petition

6-32 filed by the chairman must set forth that:

6-33 (a) Due notice has been given to the person named in the subpoena of

6-34 the time and place for his attendance and testimony before the board or

6-35 for the production of the books, papers or other items required by the

6-36 subpoena;

6-37 (b) The person has been subpoenaed by the board pursuant to this

6-38 section; and

6-39 (c) The person has failed or refused to attend or testify before the

6-40 board, to answer certain questions propounded by the board or to

6-41 produce the books, papers or other items required by the subpoena.

7-1 3. Upon such a petition, the court shall enter an order directing the

7-2 person named in the subpoena to:

7-3 (a) Appear before the court at the place and time designated in the

7-4 order. The time designated by the court must be not later than 10 days

7-5 after the date of the order.

7-6 (b) Show cause why the person has failed or refused to attend or

7-7 testify before the board, to answer the questions propounded by the board

7-8 or to produce the books, papers or other items required by the
7-9 subpoena.

7-10 A certified copy of the order must be served upon the person named in

7-11 the subpoena.

7-12 4. If it appears to the court that the subpoena was regularly issued by

7-13 the board and properly served, the court shall enter an order directing

7-14 the person named in the subpoena to appear before the board at the

7-15 place and time designated in the order and to testify before the board, to

7-16 answer the questions propounded by the board or to produce the books,

7-17 papers or other items required by the subpoena. Failure to obey the order

7-18 constitutes contempt of court.

7-19 Sec. 24. 1. A subpoena issued by the board extends to all parts of

7-20 this state and must be served in accordance with the provisions of

7-21 N.R.C.P. 4(c). The board may not require a person named in a subpoena

7-22 to attend at a place outside the county in which the person resides unless:

7-23 (a) The location of the place is less than 100 miles from the person’s

7-24 primary residence; or

7-25 (b) A party, by affidavit, shows that the testimony of the person is

7-26 material and necessary to the proceedings, and the board endorses on the

7-27 subpoena an order requiring the person to attend at the place named in

7-28 the subpoena, regardless of its location in this state.

7-29 2. A person who appears before the board pursuant to a subpoena is

7-30 entitled to receive fees and mileage in the same amounts and under the

7-31 same circumstances as prescribed by law for a witness in a civil action in

7-32 the district court, unless the person is a party to the proceeding or an

7-33 officer or employee of this state or any of its political subdivisions. As

7-34 used in this subsection, "employee" includes, without limitation, an

7-35 employee in the classified or unclassified service of the state.

7-36 3. If a person who is entitled to receive fees and mileage pursuant to

7-37 subsection 2 must appear at a hearing before the board at a place located

7-38 so far from his primary residence that it is not reasonable for the person

7-39 to return to that residence from day to day, the person is entitled, in

7-40 addition to fees and mileage, to receive the per diem compensation for

7-41 subsistence and transportation authorized by NRS 281.160 for each day

7-42 of actual attendance at such a hearing and for each day necessarily

7-43 occupied in traveling to and from such a hearing.

8-1 4. Except as otherwise provided in subsection 5, a party who requests

8-2 that the board issue a subpoena to a person shall pay to the board the

8-3 amount of any compensation for subsistence and transportation that the

8-4 person is entitled to receive from the board pursuant to subsection 3.

8-5 5. As part of an award of costs to the party who prevails in a

8-6 proceeding, the board may require the party who did not prevail in the

8-7 proceeding to pay to the board the amount of any compensation for

8-8 subsistence and transportation that the prevailing party would have

8-9 otherwise been required to pay to the board pursuant to subsection 4.

8-10 Sec. 25. 1. For the purposes of collective bargaining, supplemental

8-11 bargaining and other mutual aid or protection, employees have the right

8-12 to:

8-13 (a) Organize, form, join and assist employee organizations, engage in

8-14 collective bargaining and supplemental bargaining through exclusive

8-15 representatives and engage in other concerted activities; and

8-16 (b) Refrain from engaging in any such activity.

8-17 2. Collective bargaining and supplemental bargaining entail a

8-18 mutual obligation of the executive department and an exclusive

8-19 representative to meet at reasonable times and to bargain in good faith

8-20 with respect to:

8-21 (a) The terms and conditions of employment;

8-22 (b) The negotiation of an agreement;

8-23 (c) The resolution of any question arising under an agreement; and

8-24 (d) The execution of a written contract incorporating the provisions of

8-25 an agreement, if requested by either party or required pursuant to

8-26 sections 4 to 50, inclusive, of this act.

8-27 3. The provisions of this section must not be construed to compel the

8-28 executive department or an exclusive representative to agree to a

8-29 proposal or to make a concession.

8-30 Sec. 26. 1. Except as otherwise provided in subsection 2, the

8-31 following subjects are not within the scope of collective bargaining or

8-32 supplemental bargaining pursuant to sections 4 to 50, inclusive, of this

8-33 act and are reserved to the executive department without negotiation:

8-34 (a) The right to hire, direct or assign an employee, except the right to

8-35 reassign an employee as a form of discipline;

8-36 (b) The right to determine the minimum qualifications for a job or

8-37 position and the nature and content of any examination offered to

8-38 applicants for that job or position;

8-39 (c) The right to determine the content of the workday, including,

8-40 without limitation, the amount of work that must be performed, except

8-41 for considerations of safety; and

9-1 (d) The right to take whatever action may be necessary to carry out

9-2 the responsibilities of the executive department in a situation of

9-3 emergency, including, without limitation, a riot, military action, natural

9-4 disaster or civil disorder.

9-5 2. The executive department and an exclusive representative may

9-6 negotiate concerning:

9-7 (a) The procedures that the executive department will observe in

9-8 exercising the authority reserved to it pursuant to this section; and

9-9 (b) The effect of the exercise of such authority by the executive

9-10 department.

9-11 Sec. 27. 1. The board shall, by regulation, establish bargaining

9-12 units on a statewide basis, including, without limitation, the bargaining

9-13 units described in subsection 2.

9-14 2. The board shall establish one bargaining unit for each of the

9-15 occupational groups described in this subsection, and each such

9-16 bargaining unit must include all supervisory employees at the working

9-17 level of the occupational group:

9-18 (a) Labor, maintenance, custodial and institutional employees,

9-19 including, without limitation, employees of penal and correctional

9-20 institutions who are not responsible for security at those institutions.

9-21 (b) Administrative and clerical employees, including, without

9-22 limitation, paralegals and employees whose work involves general office

9-23 work, or keeping or examining records and accounts.

9-24 (c) Technical aides to professional employees, including, without

9-25 limitation, computer programmers, tax examiners, conservation

9-26 employees and crew supervisors.

9-27 (d) Professional employees, including, without limitation, physical

9-28 therapists and other employees in medical and other professions related

9-29 to health.

9-30 (e) Employees, other than professional employees, who provide health

9-31 care and personal care, including, without limitation, employees who

9-32 care for children.

9-33 (f) Officers of the Nevada highway patrol who hold the rank of

9-34 sergeant or lower.

9-35 (g) Adult and youth correctional employees, including, without

9-36 limitation, classification case workers, group supervisors in correctional

9-37 institutions and forensic specialists.

9-38 (h) Employees, other than officers of the Nevada highway patrol and

9-39 adult and youth correctional employees, who have the powers of a peace

9-40 officer and whose work includes investigation, the enforcement of

9-41 statutes, ordinances or regulations, or the preservation of public order,

10-1 including, without limitation, all such employees of the public utilities

10-2 commission of Nevada, the transportation services authority and the

10-3 taxicab authority.

10-4 (i) Supervisory employees not otherwise included in other bargaining

10-5 units.

10-6 3. This section does not prohibit the board from including within an

10-7 occupational group employees other than those specified for that group.

10-8 4. The board shall, by regulation, establish the exact classifications

10-9 of employees within each bargaining unit. The board may assign a new

10-10 classification to a bargaining unit based upon the similarity of the new

10-11 classification to other classifications within the bargaining unit.

10-12 5. The board shall not change an established bargaining unit

10-13 arbitrarily.

10-14 6. As used in this section:

10-15 (a) "Professional employee" means an employee engaged in work

10-16 that:

10-17 (1) Is predominantly intellectual and varied in character as opposed

10-18 to routine mental, manual, mechanical or physical work;

10-19 (2) Involves the consistent exercise of discretion and judgment in its

10-20 performance;

10-21 (3) Is of such a character that the result accomplished or produced

10-22 cannot be standardized in relation to a given period; and

10-23 (4) Requires advanced knowledge in a field of science or learning

10-24 customarily acquired through a prolonged course of specialized

10-25 intellectual instruction and study in an institution of higher learning, as

10-26 distinguished from general academic education, an apprenticeship or

10-27 training in the performance of routine mental or physical processes.

10-28 (b) "Supervisory employee" means an employee who has authority to:

10-29 (1) Hire, transfer, suspend, lay off, recall, promote, discharge,

10-30 assign, reward or discipline other employees, or who has the

10-31 responsibility to direct such employees; or

10-32 (2) Adjust the grievances of other employees or effectively

10-33 recommend such an action, if the exercise of that authority requires the

10-34 use of independent judgment and is not of a routine or clerical nature.

10-35 Sec. 28. 1. If no employee organization is designated as the

10-36 exclusive representative of a bargaining unit and an employee

10-37 organization files with the board a list of its membership showing that the

10-38 employee organization represents more than 50 percent of the employees

10-39 within the bargaining unit, the board shall designate the employee

10-40 organization as the exclusive representative of the bargaining unit

10-41 without ordering an election.

10-42 2. If the board designates an employee organization as the exclusive

10-43 representative of a bargaining unit without ordering an election pursuant

11-1 to subsection 1 or paragraph (a) of subsection 2 of section 29 of this act,

11-2 the board shall:

11-3 (a) Without ordering an election, remove the employee organization

11-4 as the exclusive representative of the bargaining unit and designate

11-5 another employee organization as the exclusive representative of the

11-6 bargaining unit if, after June 30 and on or before December 31 of an

11-7 odd-numbered year:

11-8 (1) Another employee organization files with the board a list of its

11-9 membership showing that it represents more than 50 percent of the

11-10 employees within the bargaining unit; and

11-11 (2) The board has not ordered an election pursuant to paragraph

11-12 (b) during that period; or

11-13 (b) Order an election to be conducted pursuant to section 30 of this

11-14 act if:

11-15 (1) After June 30 and on or before December 31 of an odd-

11-16 numbered year, a group of employees within the bargaining unit files

11-17 with the board a written request for an election which includes a list

11-18 showing that more than 50 percent of the employees within the

11-19 bargaining unit have requested that an election be conducted to change

11-20 or discontinue representation;

11-21 (2) The board has not, during that period, designated another

11-22 employee organization as the exclusive representative of the bargaining

11-23 unit pursuant to paragraph (a); and

11-24 (3) No other election to choose, change or discontinue

11-25 representation has been conducted within the bargaining unit during the

11-26 preceding 12 months.

11-27 Sec. 29. 1. If no employee organization is designated as the

11-28 exclusive representative of a bargaining unit, the board shall order an

11-29 election to be conducted within the bargaining unit pursuant to section

11-30 30 of this act if:

11-31 (a) An employee organization files with the board a written request for

11-32 an election which includes a list of its membership showing that it

11-33 represents at least 30 percent but not more than 50 percent of the

11-34 employees within the bargaining unit; and

11-35 (b) No other election to choose, change or discontinue representation

11-36 has been conducted within the bargaining unit during the preceding 12

11-37 months.

11-38 2. If the board designates an employee organization as the exclusive

11-39 representative of a bargaining unit based upon the results of an election

11-40 ordered pursuant to subsection 1 or paragraph (b) of subsection 2 of

11-41 section 28 of this act, the board shall:

12-1 (a) Without ordering an election, remove the employee organization

12-2 as the exclusive representative of the bargaining unit and designate

12-3 another employee organization as the exclusive representative of the

12-4 bargaining unit if, after June 30 and on or before December 31 of an

12-5 odd-numbered year:

12-6 (1) Another employee organization files with the board a list of its

12-7 membership showing that it represents more than 50 percent of the

12-8 employees within the bargaining unit; and

12-9 (2) The board has not ordered an election pursuant to paragraph

12-10 (b) during that period; or

12-11 (b) Order an election to be conducted pursuant to section 30 of this

12-12 act if:

12-13 (1) After June 30 and on or before December 31 of an odd-

12-14 numbered year:

12-15 (I) Another employee organization files with the board a written

12-16 request for an election which includes a list of its membership showing

12-17 that the employee organization represents at least 30 percent but not

12-18 more than 50 percent of the employees within the bargaining unit; or

12-19 (II) A group of employees within the bargaining unit files with

12-20 the board a written request for an election which includes a list showing

12-21 that more than 50 percent of the employees within the bargaining unit

12-22 have requested that an election be conducted to change or discontinue

12-23 representation;

12-24 (2) The board has not, during that period, designated another

12-25 employee organization as the exclusive representative of the bargaining

12-26 unit pursuant to paragraph (a); and

12-27 (3) No other election to choose, change or discontinue

12-28 representation has been conducted within the bargaining unit during the

12-29 preceding 12 months.

12-30 Sec. 30. 1. If the board orders an election within a bargaining unit

12-31 pursuant to section 28 or 29 of this act, the board shall order that each of

12-32 the following be placed as a choice on the ballot for the election:

12-33 (a) If applicable, the employee organization that requested the election

12-34 pursuant to section 29 of this act and the employee organization that is

12-35 presently designated as the exclusive representative of the bargaining

12-36 unit pursuant to section 28 or 29 of this act;

12-37 (b) Any other employee organization that, on or before the date that is

12-38 prescribed by the regulations adopted by the board, files with the board a

12-39 written request to be placed on the ballot for the election and includes

12-40 with the written request a list of its membership showing that the

12-41 employee organization represents at least 20 percent of the employees

12-42 within the bargaining unit; and

12-43 (c) A choice for "no representation."

13-1 2. If a ballot for an election contains more than two choices and

13-2 none of the choices on the ballot receives a majority of the votes cast at

13-3 the initial election, the board shall order a runoff election between the

13-4 two choices on the ballot that received the highest number of votes at the

13-5 initial election.

13-6 3. If the choice for "no representation" receives a majority of the

13-7 votes cast at the initial election or at any runoff election, the board shall

13-8 designate the bargaining unit as being without representation.

13-9 4. If an employee organization receives a majority of the votes cast at

13-10 the initial election or at any runoff election, the board shall designate the

13-11 employee organization as the exclusive representative of the bargaining

13-12 unit.

13-13 Sec. 31. 1. The board shall preside over all elections that are

13-14 conducted pursuant to sections 4 to 50, inclusive, of this act and shall

13-15 determine the eligibility requirements for employees to vote in any such

13-16 election.

13-17 2. An employee organization that is placed as a choice on the ballot

13-18 for an election or any employee who is eligible to vote at an election may

13-19 file with the board a written objection to the results of the election. The

13-20 objection must be filed not later than 10 days after the date on which the

13-21 notice of the results of the election is given by the board.

13-22 3. In response to a written objection filed pursuant to subsection 2 or

13-23 upon its own motion, the board may invalidate the results of an election

13-24 and order a new election if the board finds that any conduct or

13-25 circumstances raise substantial doubt that the results of the election are

13-26 reliable.

13-27 Sec. 32. 1. The board may designate an employee organization as

13-28 the exclusive representative of more than one bargaining unit if the

13-29 employee organization meets the requirements set forth in section 28 or

13-30 29 of this act to be designated as the exclusive representative of each

13-31 such bargaining unit separately.

13-32 2. If the board designates an employee organization as the exclusive

13-33 representative of a bargaining unit pursuant to sections 4 to 50,

13-34 inclusive, of this act:

13-35 (a) The employee organization shall be deemed to:

13-36 (1) Be a party to any collective bargaining agreement or

13-37 supplemental bargaining agreement then in effect between the executive

13-38 department and the bargaining unit; and

13-39 (2) Assume all the rights and privileges of the previous exclusive

13-40 representative under any such agreement, but the employee organization

13-41 shall not be deemed to assume any costs or liabilities incurred by the

13-42 previous exclusive representative for acts that occurred while the

13-43 previous exclusive representative served in that capacity; and

14-1 (b) An officer of the executive department may not, pursuant to NRS

14-2 281.129, withhold any amount of money from the salary or wages of an

14-3 employee within the bargaining unit to pay dues or similar fees to an

14-4 employee organization other than the employee organization that is the

14-5 exclusive representative of the bargaining unit.

14-6 Sec. 33. 1. Except as otherwise provided in subsection 2, an

14-7 exclusive representative shall:

14-8 (a) Act as the agent and exclusive representative of all employees

14-9 within each bargaining unit that it represents;

14-10 (b) Meet with the executive department at reasonable times, including,

14-11 without limitation, meeting with the executive department reasonably in

14-12 advance of its budget-making process; and

14-13 (c) In good faith and on behalf of each bargaining unit that it

14-14 represents, individually or collectively, negotiate with the executive

14-15 department concerning the terms and conditions of employment for the

14-16 employees within each bargaining unit that it represents, including,

14-17 without limitation, any terms and conditions of employment that are

14-18 within the scope of supplemental bargaining pursuant to section 45 of

14-19 this act.

14-20 2. If an employee is within a bargaining unit that has an exclusive

14-21 representative, the employee has the right to present grievances to the

14-22 executive department at any time and to have those grievances adjusted

14-23 without the intervention of the exclusive representative if:

14-24 (a) The exclusive representative is given an opportunity to be present

14-25 at any meetings or hearings related to the adjustment of the grievance;

14-26 and

14-27 (b) The adjustment of the grievance is not inconsistent with the

14-28 provisions of the collective bargaining agreement or any supplemental

14-29 bargaining agreement then in effect.

14-30 Sec. 34. The governor or a person designated by the governor shall,

14-31 in good faith and on behalf of the executive department, negotiate with

14-32 the exclusive representative of each bargaining unit concerning the terms

14-33 and conditions of employment for the employees within the bargaining

14-34 unit, including, without limitation, any terms and conditions of

14-35 employment that are within the scope of supplemental bargaining

14-36 pursuant to section 45 of this act.

14-37 Sec. 35. 1. The governor shall sign and enforce any collective

14-38 bargaining agreement reached by the executive department and an

14-39 exclusive representative on behalf of the employees within a bargaining

14-40 unit that it represents.

14-41 2. Each collective bargaining agreement must be in writing, must not

14-42 authorize any conduct that would violate the provisions of NRS 288.230

14-43 to 288.260, inclusive, and must include, without limitation:

15-1 (a) A procedure to resolve grievances which applies to all employees

15-2 in the bargaining unit and which culminates in final and binding

15-3 arbitration; and

15-4 (b) A provision which provides that an officer of the executive

15-5 department may, upon written authorization by an employee within the

15-6 bargaining unit, withhold a sufficient amount of money from the salary

15-7 or wages of the employee pursuant to NRS 281.129 to pay dues or similar

15-8 fees to the exclusive representative of the bargaining unit.

15-9 Sec. 36. In each even-numbered year, the executive department and

15-10 an exclusive representative shall begin negotiations concerning a

15-11 collective bargaining agreement not sooner than January 1 of the even-

15-12 numbered year and not later than:

15-13 1. March 15 of the even-numbered year or any later date in that year

15-14 which is set by agreement of the parties, if the exclusive representative is

15-15 designated by the board as the exclusive representative of the bargaining

15-16 unit on or before March 1 of the same even-numbered year; or

15-17 2. July 15 of the even-numbered year or any later date in that year

15-18 which is set by agreement of the parties, if the exclusive representative is

15-19 designated by the board as the exclusive representative of the bargaining

15-20 unit after March 1 of the same even-numbered year.

15-21 Sec. 37. 1. If the parties do not reach a collective bargaining

15-22 agreement through negotiation on or before July 31 of the even-

15-23 numbered year or any later date in that year which is set by agreement of

15-24 the parties, the board shall appoint a mediator.

15-25 2. The mediator shall bring the parties together as soon as possible

15-26 and shall attempt to settle each issue in dispute on or before August 15 of

15-27 the even-numbered year or any later date in that year which is set by the

15-28 mediator or by agreement of the parties.

15-29 3. The mediator and the parties shall apply and follow the

15-30 procedures for mediation that are prescribed by the regulations adopted

15-31 by the board. During mediation, the parties retain their respective duties

15-32 to negotiate in good faith.

15-33 4. The executive department and the exclusive representative shall

15-34 each pay one-half of the cost of mediation.

15-35 Sec. 38. 1. If the mediator determines that his services are no

15-36 longer helpful or if the parties do not reach a collective bargaining

15-37 agreement through mediation on or before August 15 of the even-

15-38 numbered year or any later date in that year which is set by the mediator

15-39 or by agreement of the parties pursuant to section 37 of this act, the

15-40 mediator shall discontinue meditation and the parties shall attempt to

15-41 agree upon an impartial arbitrator.

16-1 2. If the parties do not agree upon an impartial arbitrator within 5

16-2 days after the date that mediation is discontinued pursuant to subsection

16-3 1 or on or before any later date in that year which is set by agreement of

16-4 the parties, the parties shall request from the American Arbitration

16-5 Association a list of seven potential arbitrators. The parties shall select

16-6 an arbitrator from this list by alternately striking one name until the

16-7 name of only one arbitrator remains, and that arbitrator must hear the

16-8 dispute in question. The exclusive representative shall strike the first

16-9 name.

16-10 3. The arbitrator shall begin arbitration proceedings on or before

16-11 September 15 of the even-numbered year or any later date in that year

16-12 which is set by agreement of the parties.

16-13 4. The arbitrator and the parties shall apply and follow the

16-14 procedures for arbitration that are prescribed by the regulations adopted

16-15 by the board. During arbitration, the parties retain their respective duties

16-16 to negotiate in good faith.

16-17 5. The arbitrator may administer oaths or affirmations, take

16-18 testimony and issue and seek enforcement of subpoenas in the same

16-19 manner as the board pursuant to sections 23 and 24 of this act and,

16-20 except as otherwise provided in subsection 6, the provisions of sections 23

16-21 and 24 of this act apply to subpoenas issued by the arbitrator.

16-22 6. The executive department and the exclusive representative shall

16-23 each pay one-half of the cost of arbitration, including, without limitation,

16-24 the fees and mileage and any compensation for subsistence and

16-25 transportation that a person is entitled to receive pursuant to subsections

16-26 2 and 3 of section 24 of this act for appearing before the arbitrator

16-27 pursuant to a subpoena. The provisions of subsections 4 and 5 of section

16-28 24 of this act do not apply to a subpoena issued by the arbitrator.

16-29 Sec. 39. 1. For each separate issue that is in dispute, the arbitrator

16-30 shall incorporate either the final offer of the executive department or the

16-31 final offer of the exclusive representative into the decision of the

16-32 arbitrator. The arbitrator shall not revise or amend the final offer of

16-33 either party on any issue.

16-34 2. To determine which final offers to incorporate into his decision,

16-35 the arbitrator shall assess the reasonableness of:

16-36 (a) The position of each party as to each issue in dispute; and

16-37 (b) The contractual terms and provisions contained in each final

16-38 offer.

16-39 3. In assessing reasonableness pursuant to subsection 2, the

16-40 arbitrator shall:

17-1 (a) Compare the terms and conditions of employment for the

17-2 employees within the bargaining unit with the terms and conditions of

17-3 employment for other employees performing similar services and for

17-4 other employees generally:

17-5 (1) In public employment in comparable communities; and

17-6 (2) In private employment in comparable communities; and

17-7 (b) Consider, without limitation:

17-8 (1) The average consumer prices for goods and services; and

17-9 (2) Such other factors as are normally or traditionally used as part

17-10 of collective bargaining, mediation, arbitration or other methods of

17-11 dispute resolution to determine the terms and conditions of employment

17-12 for employees in public or private employment.

17-13 4. The arbitrator shall render a written decision on or before October

17-14 15 of the even-numbered year or on or before any later date which is set

17-15 by agreement of the parties and which is not later than December 31 of

17-16 the even-numbered year.

17-17 5. Except as otherwise provided in sections 40, 43, 44 and 50 of this

17-18 act, each provision that is included in a decision of the arbitrator is final

17-19 and binding upon the parties if the decision of the arbitrator concerning

17-20 the provision is supported by competent, material and substantial

17-21 evidence on the whole record and is based upon the factors set forth in

17-22 this section.

17-23 Sec. 40. 1. Except as otherwise provided in this section, after an

17-24 arbitrator renders a decision pursuant to section 39 of this act, the parties

17-25 may agree to open or reopen negotiations concerning any terms and

17-26 conditions of employment, whether or not such terms and conditions of

17-27 employment were included in the decision of the arbitrator, and may

17-28 agree to revise or amend the decision of the arbitrator.

17-29 2. The provisions of any agreement by the parties to revise or amend

17-30 the decision of the arbitrator must be in writing.

17-31 3. If the parties reach an agreement to revise or amend the decision

17-32 of the arbitrator before the date on which the decision of the arbitrator

17-33 must be submitted to the governor and the chief of the budget division

17-34 pursuant to section 41 of this act, the provisions of that agreement:

17-35 (a) Shall be deemed to be incorporated into the decision of the

17-36 arbitrator; and

17-37 (b) Must be given effect over any conflicting provision in the decision

17-38 of the arbitrator.

17-39 4. If the parties do not reach an agreement to revise or amend the

17-40 decision of the arbitrator before the date on which the decision of the

17-41 arbitrator must be submitted to the governor and the chief of the budget

18-1 division pursuant to section 41 of this act, the parties shall submit the

18-2 decision of the arbitrator to the governor and the chief of the budget

18-3 division without revision or amendment.

18-4 Sec. 41. 1. On or before December 31 of the even-numbered year

18-5 in which negotiations began, the parties shall submit to the governor and

18-6 the chief of the budget division:

18-7 (a) If arbitration was not required, the collective bargaining

18-8 agreement reached by the parties through negotiation; or

18-9 (b) If arbitration was required, the decision of the arbitrator without

18-10 revision or amendment or, if applicable, as revised or amended by the

18-11 parties pursuant to section 40 of this act. If so submitted, the decision of

18-12 the arbitrator without revision or amendment or, if applicable, as revised

18-13 or amended, shall be deemed to be the collective bargaining agreement

18-14 between the parties.

18-15 2. In the proposed executive budget which is prepared by the chief of

18-16 the budget division pursuant to NRS 353.230 and which is submitted to

18-17 the legislature pursuant to section 2 of article 4 of the constitution of this

18-18 state, the chief of the budget division and the governor shall include

18-19 requests for appropriations from the legislature in amounts that are

18-20 sufficient to give effect to each provision of the collective bargaining

18-21 agreement that requires such an appropriation.

18-22 Sec. 42. 1. If a provision of a collective bargaining agreement does

18-23 not require an appropriation from the legislature to be given effect, the

18-24 provision:

18-25 (a) Becomes effective on July 1 of the odd-numbered year following

18-26 the even-numbered year in which negotiations began, whether or not the

18-27 legislature makes any appropriation in a regular or special session to

18-28 give effect to any other provision of the collective bargaining agreement;

18-29 and

18-30 (b) Expires on June 30 of the next odd-numbered year.

18-31 2. Except as otherwise provided in sections 43 and 44 of this act, if a

18-32 provision of the collective bargaining agreement requires an

18-33 appropriation from the legislature to be given effect, the provision:

18-34 (a) Becomes effective on July 1 of the odd-numbered year following

18-35 the even-numbered year in which negotiations began only if the

18-36 legislature, at a regular session or any special session that commences

18-37 before that date, makes an appropriation that is sufficient to give effect to

18-38 the provision; and

18-39 (b) Expires on June 30 of the next odd-numbered year.

18-40 Sec. 43. 1. During the regular session or any special session of the

18-41 legislature that commences before July 1 of the odd-numbered year

18-42 following the even-numbered year in which negotiations began, the

19-1 parties may agree, in writing, to revise or amend any provision of the

19-2 collective bargaining agreement that requires an appropriation from the

19-3 legislature to be given effect.

19-4 2. If the parties reach such an agreement, the parties shall submit the

19-5 agreement to the legislative counsel with sufficiently detailed information

19-6 to enable the legislative counsel to prepare any necessary legislative

19-7 measures.

19-8 3. If the legislature, in a bill passed at the regular or special session,

19-9 expressly approves the provision as revised or amended and makes an

19-10 appropriation that is sufficient to give effect to the provision as revised or

19-11 amended, the provision as revised or amended becomes effective and

19-12 expires at the same time as other provisions in the collective bargaining

19-13 agreement.

19-14 Sec. 44. 1. At any time after the legislature makes an

19-15 appropriation that is sufficient to give effect to a provision in a collective

19-16 bargaining agreement, whether or not the provision has become

19-17 effective, the legislature may, in a bill or concurrent resolution passed at

19-18 a regular or special session, suspend the operation of the provision in

19-19 whole or in part and for all or for some of its unexpired term.

19-20 2. If a provision is suspended pursuant to subsection 1, the parties

19-21 may agree, in writing during the regular or special session, to revise or

19-22 amend the suspended provision or any other provision of the collective

19-23 bargaining agreement for which an appropriation has been made by the

19-24 legislature, whether or not such a provision has been suspended.

19-25 3. If the parties reach such an agreement, the parties shall submit the

19-26 agreement to the legislative counsel with sufficiently detailed information

19-27 to enable the legislative counsel to prepare any necessary legislative

19-28 measures.

19-29 4. If the legislature, in a bill passed at the regular or special session,

19-30 expressly approves the provision as revised or amended and makes an

19-31 appropriation that is sufficient to give effect to the provision as revised or

19-32 amended, the provision as revised or amended becomes effective on the

19-33 date set in the bill and expires at the same time as other provisions in the

19-34 collective bargaining agreement.

19-35 Sec. 45. 1. Except as otherwise provided in this section, if any

19-36 provision of a collective bargaining agreement is in effect between the

19-37 executive department and a bargaining unit pursuant to sections 42, 43

19-38 and 44 of this act, the executive department and the exclusive

19-39 representative of the bargaining unit may engage in supplemental

19-40 bargaining concerning any terms and conditions of employment which

19-41 are peculiar to or which uniquely affect fewer than all the employees

19-42 within the bargaining unit if such supplemental terms and conditions of

19-43 employment:

20-1 (a) Are not included in any provision of the collective bargaining

20-2 agreement then in effect between the executive department and the

20-3 bargaining unit; and

20-4 (b) Do not require an appropriation from the legislature to be given

20-5 effect.

20-6 2. The executive department and an exclusive representative may

20-7 engage in supplemental bargaining pursuant to subsection 1 for fewer

20-8 than all the employees within two or more bargaining units that the

20-9 exclusive representative represents if the requirements of subsection 1

20-10 are met for each such bargaining unit.

20-11 3. If the parties reach a supplemental bargaining agreement

20-12 pursuant to this section, the provisions of the supplemental bargaining

20-13 agreement:

20-14 (a) Must be in writing; and

20-15 (b) Shall be deemed to be incorporated into the provisions of each

20-16 collective bargaining agreement then in effect between the executive

20-17 department and the employees who are subject to the supplemental

20-18 bargaining agreement if the provisions of the supplemental bargaining

20-19 agreement do not conflict with the provisions of the collective bargaining

20-20 agreement.

20-21 4. If any provision of the supplemental bargaining agreement

20-22 conflicts with any provision of the collective bargaining agreement, the

20-23 provision of the supplemental bargaining agreement is void and the

20-24 provision of the collective bargaining agreement must be given effect.

20-25 5. The provisions of the supplemental bargaining agreement expire

20-26 at the same time as the other provisions of the collective bargaining

20-27 agreement into which they are incorporated.

20-28 6. The executive department and an exclusive representative may not

20-29 engage in supplemental bargaining pursuant to this section:

20-30 (a) In an even-numbered year, on or after the date on which the

20-31 executive department and the exclusive representative begin negotiations

20-32 pursuant to section 36 of this act concerning a collective bargaining

20-33 agreement; and

20-34 (b) In the following odd-numbered year, before July 1.

20-35 7. The executive department and an exclusive representative may,

20-36 during collective bargaining conducted pursuant to sections 36 to 44,

20-37 inclusive, of this act, negotiate and include in a collective bargaining

20-38 agreement any terms and conditions of employment that would otherwise

20-39 be within the scope of supplemental bargaining conducted pursuant to

20-40 this section.

21-1 Sec. 46. 1. Except as otherwise provided in NRS 284.013:

21-2 (a) If any provision of a collective bargaining agreement conflicts

21-3 with any provision of NRS or a special act, the provision of the collective

21-4 bargaining agreement is void and must not be given effect, unless the

21-5 legislature expressly acknowledges the conflict and approves the

21-6 provision of the collective bargaining agreement in a bill or concurrent

21-7 resolution passed at a regular or special session; and

21-8 (b) If any provision of a supplemental bargaining agreement conflicts

21-9 with any provision of NRS or a special act, the provision of the

21-10 supplemental bargaining agreement is void and must not be given effect.

21-11 2. If any provision of a collective bargaining agreement or

21-12 supplemental bargaining agreement conflicts with any rule or regulation

21-13 adopted by an employer, the provision of the collective bargaining

21-14 agreement or supplemental bargaining agreement prevails and must be

21-15 given effect.

21-16 3. The provisions of a collective bargaining agreement or

21-17 supplemental bargaining agreement are severable. If any provision of a

21-18 collective bargaining agreement or supplemental bargaining agreement

21-19 is invalidated on its face or as applied, such invalidity does not affect the

21-20 other provisions of the agreement or the application of those provisions if

21-21 such other provisions can be given effect without the invalidated

21-22 provision.

21-23 Sec. 47. 1. It is a prohibited practice for the executive department

21-24 or its designated representative willfully to:

21-25 (a) Refuse to engage in collective bargaining or otherwise fail to

21-26 bargain in good faith with an exclusive representative, including, without

21-27 limitation, refusing to engage in mediation or arbitration.

21-28 (b) Interfere with, restrain or coerce an employee in the exercise of

21-29 any right guaranteed pursuant to sections 4 to 50, inclusive, of this act.

21-30 (c) Dominate, interfere with or assist in the formation or

21-31 administration of an employee organization.

21-32 (d) Discriminate in regard to hiring, tenure or any terms and

21-33 conditions of employment to encourage or discourage membership in an

21-34 employee organization.

21-35 (e) Discharge or otherwise discriminate against an employee because

21-36 the employee has:

21-37 (1) Signed or filed an affidavit, petition or complaint or has

21-38 provided any information or given any testimony pursuant to sections 4

21-39 to 50, inclusive, of this act; or

21-40 (2) Formed, joined or chosen to be represented by an employee

21-41 organization.

21-42 (f) Discriminate because of race, color, religion, sex, age, disability,

21-43 national origin, or political or personal reasons or affiliations.

22-1 (g) Deny rights accompanying a designation as an exclusive

22-2 representative.

22-3 2. It is a prohibited practice for an employee organization or its

22-4 designated agent willfully to:

22-5 (a) When acting as an exclusive representative, refuse to engage in

22-6 collective bargaining or otherwise fail to bargain in good faith with the

22-7 executive department, including, without limitation, refusing to engage

22-8 in mediation or arbitration.

22-9 (b) Interfere with, restrain or coerce an employee in the exercise of

22-10 any right guaranteed pursuant to sections 4 to 50, inclusive, of this act.

22-11 (c) Discriminate because of race, color, religion, sex, age, disability,

22-12 national origin, or political or personal reasons or affiliations.

22-13 Sec. 48. 1. To establish that a party has committed a prohibited

22-14 practice in violation of section 47 of this act, the party aggrieved by the

22-15 practice must file a complaint with the board and must prove the

22-16 allegations contained in the complaint at a hearing conducted in

22-17 accordance with:

22-18 (a) The provisions of chapter 233B of NRS that apply to a contested

22-19 case; and

22-20 (b) The regulations adopted by the board.

22-21 2. If the board finds that the party accused in the complaint has

22-22 committed a prohibited practice, the board:

22-23 (a) Shall order the party to cease and desist from engaging in the

22-24 prohibited practice; and

22-25 (b) May order any other affirmative relief that is necessary to remedy

22-26 the prohibited practice.

22-27 3. The board may petition the district court for enforcement of its

22-28 orders.

22-29 4. Any order or decision issued by the board pursuant to this section

22-30 concerning the merits of a complaint is a final decision in a contested

22-31 case and may be appealed pursuant to the provisions of chapter 233B of

22-32 NRS that apply to a contested case, except that a party aggrieved by the

22-33 order or decision of the board must file a petition for judicial review not

22-34 later than 10 days after being served with the order or decision of the

22-35 board.

22-36 Sec. 49. 1. Except as otherwise provided by specific statute, an

22-37 employee organization and the executive department may sue or be sued

22-38 as an entity pursuant to sections 4 to 50, inclusive, of this act.

22-39 2. If any action or proceeding is brought by or against an employee

22-40 organization pursuant to sections 4 to 50, inclusive, of this act, the

22-41 district court for the county in which the employee organization