Assembly Bill No. 494–Assemblymen Parnell, Segerblom, Bache, Neighbors, Williams, Lee, Thomas, Gibbons, Koivisto, McClain, Ohrenschall, Claborn and Manendo

March 12, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Requires personnel commission to adopt regulations relating to determination of work schedules of certain state employees who work in shifts. (BDR 23-1165)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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 state employees; requiring the personnel commission of the department of personnel to enact regulations that establish a method for establishing work schedules for employees who work in shifts; 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. Chapter 284 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. The commission shall adopt regulations setting forth a process for

1-4 the determination of the work schedules for employees of each state

1-5 agency that operates for more than 8 hours in a day or more than 5 days

1-6 per week.

1-7 2. The regulations must:

1-8 (a) Set forth a process that allows the employees, primarily based on

1-9 seniority, to select their permanent work week schedule, including,

1-10 without limitation, their days off and their daily shifts;

1-11 (b) Provide a list of special circumstances under which an appointing

1-12 authority may use a factor other than seniority for determining the order

1-13 in which its employees select a shift or schedule;

1-14 (c) Set forth the circumstances under which an employee who

1-15 disagrees that such special circumstances exist may appeal the decision

2-1 of the appointing authority in accordance with the process established in

2-2 NRS 284.384;

2-3 (d) Provide a list of alternate factors the appointing authority may use

2-4 for determining the order of selection for a position where special

2-5 circumstances are present; and

2-6 (e) Take into consideration and allow for the unique staffing

2-7 requirements and special needs of each individual agency, including,

2-8 without limitation, consideration of any applicable statutory or

2-9 regulatory limit on the number of hours an individual employee may

2-10 work in a shift or week.

2-11 3. Once an employee has completed the selection process and an

2-12 agency has created a schedule in accordance with the regulations

2-13 adopted pursuant to this section, the schedule must not be altered without

2-14 the consent of the employee.

2-15 4. For the purposes of this section, the commission shall determine

2-16 the seniority of an employee according to the following factors:

2-17 (a) Seniority must initially be established among employees in the

2-18 same classification by comparing the length of continuous service that

2-19 each such employee has in that classification, with the most senior

2-20 employee being the employee having the greatest amount of continuous

2-21 service in that classification.

2-22 (b) If two or more employees in the same classification have the same

2-23 length of continuous service in the classification, then seniority for those

2-24 employees is determined by comparing the length of continuous service

2-25 that the employees have with the agency, with the most senior employee

2-26 having the greatest amount of continuous service with the agency.

2-27 (c) If two or more employees have the same length of continuous

2-28 service in the classification and in the agency, then highest seniority must

2-29 be determined for those employees by drawing lots.

2-30 Sec. 2. The personnel commission shall, on or before November 1,

2-31 1999, adopt regulations pursuant to section 1 of this act.

2-32 Sec. 3. This act becomes effective on July 1, 1999, for purposes

2-33 relating to the adoption of the required regulations, and on January 1,

2-34 2000, for all other purposes.

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