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 284.384 is hereby amended to read as follows:

1-2 284.384 1. The director shall propose, and the commission shall

2-1 (a) Submitting each proposed resolution of a dispute which has a fiscal

2-2 effect to the budget division of the department of administration for a

2-3 determination by that division whether the resolution is feasible on the

2-4 basis of its fiscal effects; and

2-5 (b) Making the resolution binding.

2-6 4. Any grievance which is subject to adjustment pursuant to this

2-7 section may be [appealed] submitted by the employee to the employee-

2-8 management committee or an arbitrator for a final decision. If a

2-9 grievance is submitted to an arbitrator:

2-10 (a) The arbitrator shall assess his costs to the losing party, unless the

2-11 arbitrator determines that a different assessment of costs is more

2-12 equitable; and

2-13 (b) Each party shall pay its own costs of the preparation and

2-14 presentation of its case.

2-15 5. The employee may represent himself at any hearing regarding a

2-16 grievance which is subject to adjustment pursuant to this section or be

2-17 represented by an attorney or other person of the employee’s own

2-18 choosing.

2-19 6. The commission shall appoint an arbitration panel whose

2-20 members are authorized to make final decisions on grievances that are

2-21 submitted to an arbitrator pursuant to this section. To appoint such a

2-22 panel, the commission shall request from the American Arbitration

2-23 Association or the Federal Mediation and Conciliation Service a list of

2-24 seven potential arbitrators. If the commission and the organizations that

2-25 represent state employees in this state are unable to agree upon which

2-26 arbitration service to use, the Federal Mediation and Conciliation

2-27 Service must be used. The commission shall hold a hearing at which the

2-28 commission will hear objections to any of the seven potential arbitrators.

2-29 At the conclusion of the hearing, the commission shall appoint three

2-30 arbitrators to serve as members of an arbitration panel for terms of 1

2-31 year, and one alternate arbitrator to serve on the panel if a vacancy

2-32 arises.

2-33 7. An arbitration panel must be reappointed in the same manner as

2-34 specified in this subsection for original appointments. If a grievance is

2-35 submitted to the arbitration panel, the employee who submitted the

2-36 grievance and the appointing authority of the employee shall select the

2-37 arbitrator that will hear the grievance by the employee striking one name

2-38 from the panel and the appointing authority striking one name from the

2-39 panel. The remaining arbitrator shall hear the grievance. The hearing

2-40 must be held in the county in which the employee resides, unless the

2-41 employee agrees to a different location.

2-42 8. As used in this section, "grievance" means an act, omission or

2-43 occurrence which an employee who has attained permanent status feels

3-1 constitutes an injustice relating to any condition arising out of the

3-2 relationship between an employer and an employee, including, but not

3-3 limited to, compensation, working hours, working conditions, membership

3-4 in an organization of employees or the interpretation of any law, regulation

3-5 or disagreement.