Assembly Bill No. 608–Committee on Government Affairs
March 18, 1999
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Referred to Committee on Government Affairs
SUMMARY—Expands applicability of provisions regarding collective bargaining and occupational diseases to include certain additional peace officers. (BDR 23-1277)
FISCAL NOTE: Effect on Local Government: Yes.
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:
1-1
Section 1. NRS 288.140 is hereby amended to read as follows: 288.140 1. It is the right of every local government employee,1-3
subject to the limitation provided in subsection 3, to join any employee1-4
organization of his choice or to refrain from joining any employee1-5
organization. A local government employer shall not discriminate in any1-6
way among its employees on account of membership or nonmembership in1-7
an employee organization.1-8
2. The recognition of an employee organization for negotiation,1-9
pursuant to this chapter, does not preclude any local government employee1-10
who is not a member of that employee organization from acting for himself1-11
with respect to any condition of his employment, but any action taken on a1-12
request or in adjustment of a grievance shall be consistent with the terms of1-13
an applicable negotiated agreement, if any.1-14
3. A police officer, sheriff, deputy sheriff or other law enforcement1-15
officer may be a member of an employee organization only if1-16
employee organization is composed exclusively of law enforcement2-1
officers. The term "law enforcement officer" includes, without limitation,2-2
local governmental employees who have the powers of a peace officer2-3
pursuant to subsection 1, 2, 4 or 5 of NRS 289.150, NRS 289.170,2-4
subsection 1 of NRS 289.190 or subsection 2 of NRS 289.220, and who2-5
are certified by the peace officers’ standards and training committee.2-6
Sec. 2. NRS 288.215 is hereby amended to read as follows: 288.215 1. As used in this section:2-8
(a) "Firemen" means those persons who are salaried employees of a fire2-9
prevention or suppression unit organized by a political subdivision of the2-10
state and whose principal duties are controlling and extinguishing fires.2-11
(b) "Police officers" means those persons who are salaried employees2-12
of a police department or other law enforcement agency organized by a2-13
political subdivision of the state and whose principal duties are to enforce2-14
the law. The term includes, without limitation, local governmental2-15
employees who have the powers of a peace officer pursuant to subsection2-16
1, 2, 4 or 5 of NRS 289.150, NRS 289.170, subsection 1 of NRS 289.1902-17
or subsection 2 of NRS 289.220, and who are certified by the peace2-18
officers’ standards and training committee.2-19
2. The provisions of this section apply only to firemen and police2-20
officers and their local government employers.2-21
3. If the parties have not agreed to make the findings and2-22
recommendations of the factfinder final and binding upon all issues, and2-23
do not otherwise resolve their dispute, they shall, within 10 days after the2-24
factfinder’s report is submitted, submit the issues remaining in dispute to2-25
an arbitrator who must be selected in the manner provided in NRS 288.2002-26
and have the same powers provided for factfinders in NRS 288.210.2-27
4. The arbitrator shall, within 10 days after he is selected, and after 72-28
days’ written notice is given to the parties, hold a hearing to receive2-29
information concerning the dispute. The hearings must be held in the2-30
county in which the local government employer is located and the2-31
arbitrator shall arrange for a full and complete record of the hearings.2-32
5. At the hearing, or at any subsequent time to which the hearing may2-33
be adjourned, information may be presented by:2-34
(a) The parties to the dispute; or2-35
(b) Any interested person.2-36
6. The parties to the dispute shall each pay one-half of the costs2-37
incurred by the arbitrator.2-38
7. A determination of the financial ability of a local government2-39
employer must be based on all existing available revenues as established2-40
by the local government employer and within the limitations set forth in2-41
NRS 354.6241, with due regard for the obligation of the local government2-42
employer to provide facilities and services guaranteeing the health, welfare2-43
and safety of the people residing within the political subdivision.3-1
8. At the recommendation of the arbitrator, the parties may, before the3-2
submission of a final offer, enter into negotiations. If the negotiations are3-3
begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An3-4
agreement by the parties is final and binding, and upon notification to the3-5
arbitrator, the arbitration terminates.3-6
9. If the parties do not enter into negotiations or do not agree within 303-7
days, each of the parties shall submit a single written statement containing3-8
its final offer for each of the unresolved issues.3-9
10. The arbitrator shall, within 10 days after the final offers are3-10
submitted, accept one of the written statements, on the basis of the criteria3-11
provided in NRS 288.200, and shall report his decision to the parties. The3-12
decision of the arbitrator is final and binding on the parties. Any award of3-13
the arbitrator is retroactive to the expiration date of the last contract.3-14
11. The decision of the arbitrator must include a statement:3-15
(a) Giving his reason for accepting the final offer that is the basis of his3-16
award; and3-17
(b) Specifying his estimate of the total cost of the award.3-18
Sec. 3. NRS 617.135 is hereby amended to read as follows: 617.135 "Police officer" includes:3-20
1. A sheriff, deputy sheriff, officer of a metropolitan police department3-21
or city policeman;3-22
2. A chief, inspector supervisor, commercial officer or trooper of the3-23
Nevada highway patrol3-24
and public safety;3-25
3. A chief, investigator or agent of the investigation division of the3-26
department of motor vehicles and public safety;3-27
4. An officer or investigator for the control of emissions from vehicles3-28
of the registration division of the department of motor vehicles and public3-29
safety;3-30
5. An investigator of the bureau of enforcement of the registration3-31
division of the department of motor vehicles and public safety;3-32
6. A member of the police department of the University and3-33
Community College System of Nevada;3-34
7. A:3-35
(a) Uniformed employee of; or3-36
(b) Forensic specialist employed by,3-37
the department of prisons whose position requires regular and frequent3-38
contact with the offenders imprisoned and subjects the employee to recall3-39
in emergencies;3-40
8. A parole and probation officer of the division of parole and3-41
probation of the department of motor vehicles and public safety;4-1
9. A forensic specialist or correctional officer employed by the mental4-2
hygiene and mental retardation division of the department of human4-3
resources at facilities for mentally disordered offenders4-4
10. A special investigator employed by the office of the attorney4-5
general or an investigator employed by a district attorney, who is certified4-6
by the peace officers’ standards and training committee;4-7
11. A school police officer employed or appointed pursuant to4-8
subsection 4 of NRS 391.100 who is certified by the peace officers’4-9
standards and training committee;4-10
12. An officer or employee of the Nevada youth training center who4-11
is certified by the peace officers’ standards and training committee;4-12
13. A legislative police officer of the State of Nevada or police officer4-13
of the Capitol Building, who is certified by the peace officers’ standards4-14
and training committee;4-15
14. An assistant or deputy of the state fire marshal who is certified by4-16
the peace officers’ standards and training committee;4-17
15. A person designated as a game warden pursuant to NRS 501.3494-18
who is certified by the peace officers’ standards and training committee;4-19
16. A taxicab field investigator who is certified by the peace officers’4-20
standards and training committee;4-21
17. An agent of the state gaming control board whose duties include4-22
the enforcement, or the investigation of suspected violations, of statutes4-23
or regulations, and who is certified by the peace officers’ standards and4-24
training committee; and4-25
18. A security officer employed by a board of county commissioners4-26
pursuant to NRS 244.167 or by the governing body of a city pursuant to4-27
NRS 266.323, who is certified by the peace officers’ standards and4-28
training committee.~