Assembly Bill No. 478–Assemblymen Price, Arberry, Chowning, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, McClain, Mortenson, Ohrenschall and Williams

 

March 19, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes collective bargaining for certain state employees. (BDR 23‑592)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to labor; authorizing collective bargaining for employees of the supreme court, the legislative counsel bureau and boards and commissions that issue occupational or professional licenses, certificates or permits; creating a board for labor relations between those employees and their employers; establishing procedures for collective bargaining; prohibiting certain unfair labor practices; 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. Title 23 of NRS is hereby amended by adding thereto a

1-2  new chapter to consist of the provisions set forth as sections 2 to 41,

1-3  inclusive, of this act.

1-4    Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 to 13, inclusive, of

1-6  this act have the meanings ascribed to them in those sections.

1-7    Sec. 3.  “Bargaining unit” means a group of employees that is

1-8  recognized by an employer as having sufficient community of interest

1-9  appropriate for representation by an employee organization for the

1-10  purpose of collective bargaining.

1-11    Sec. 4.  “Board” means the board for employee-management

1-12  relations created pursuant to section 14 of this act.

1-13    Sec. 5.  “Collective bargaining” means a method of determining

1-14  conditions of employment by negotiation between representatives of

1-15  employer and employee organizations, entailing a mutual obligation of

1-16  the employer and the representative of the employees to meet at

1-17  reasonable times and bargain in good faith with respect to:

2-1    1.  Wages, hours, and other terms and conditions of employment;

2-2    2.  The negotiation of an agreement regarding the terms and

2-3  conditions of employment;

2-4    3.  The resolution of any question arising under a negotiated

2-5  agreement; or

2-6    4.  The execution of a written contract incorporating any agreement

2-7  reached if requested by either party,

2-8  but this obligation does not compel either party to agree to a proposal or

2-9  require the making of a concession.

2-10    Sec. 6.  “Commissioner” means the commissioner appointed by the

2-11  board.

2-12    Sec. 7.  “Employee” means an employee of:

2-13    1.  The supreme court of Nevada;

2-14    2.  The legislative counsel bureau; or

2-15    3.  A board or commission that issues occupational or professional

2-16  licenses, certificates or permits pursuant to Title 54 of NRS.

2-17    Sec. 8.  “Employee organization” means an organization of any kind

2-18  having as one of its purposes the improvement of the terms and

2-19  conditions of the employment of employees.

2-20    Sec. 9.  “Employer” means:

2-21    1.  The justices of the supreme court of Nevada, in the case of a

2-22  person employed by the supreme court of Nevada;

2-23    2.  The legislative commission, in the case of a person employed by

2-24  the legislative counsel bureau; or

2-25    3.  The appointed members of the applicable board or commission, in

2-26  the case of a person employed by a board or commission that issues

2-27  occupational or professional licenses, certificates or permits pursuant to

2-28  Title 54 of NRS.

2-29    Sec. 10.  “Factfinding” means the formal procedure by which an

2-30  investigation of a labor dispute is conducted by one person, a panel or a

2-31  board at which:

2-32    1.  Evidence is presented; and

2-33    2.  A written report is issued by the factfinder describing the issues

2-34  involved and setting forth recommendations for settlement that may or

2-35  may not be binding as provided in section 30 of this act.

2-36    Sec. 11.  “Mediation” means assistance by an impartial third party to

2-37  reconcile differences between an employer and a bargaining unit.

2-38    Sec. 12.  “Recognition” means the formal acknowledgment by an

2-39  employer that a particular employee organization has the right to

2-40  represent employees within a particular bargaining unit.

2-41    Sec. 13.  “Strike” means any concerted:

2-42    1.  Stoppage of work, slowdown or interruption of operations by

2-43  employees;

2-44    2.  Absence from work by employees upon any pretext or excuse, such

2-45  as illness, that is not founded in fact; or

2-46    3.  Interruption of the operations of an employer by an employee

2-47  organization.

2-48    Sec. 14.  1.  The board for employee-management relations is

2-49  hereby created.

3-1    2.  The board consists of three members appointed by the governor.

3-2    3.  The members of the board must be broadly representative of the

3-3  public and must not be closely allied with an employee organization or

3-4  an employer.

3-5    4.  Not more than two of the three members of the board may be

3-6  members of the same political party.

3-7    5.  After the initial terms, each member of the board shall serve a

3-8  term of 4 years. If a vacancy occurs during a member’s term, the

3-9  governor shall appoint a person qualified pursuant to this section to

3-10  replace that member for the remainder of the unexpired term.

3-11    Sec. 15.  1.  The members of the board shall annually elect one

3-12  member as chairman and one member as vice chairman. Any two

3-13  members of the board constitute a quorum.

3-14    2.  The board may, within the limits of legislative appropriations:

3-15    (a) Appoint a commissioner and a secretary, who are in the

3-16  unclassified service of the state; and

3-17    (b) Employ such additional clerical personnel as may be necessary,

3-18  who are in the classified service of the state.

3-19    Sec. 16.  1.  Each member of the board is entitled to receive a salary

3-20  of not more than $80, as fixed by the board, for each day in which he is

3-21  engaged in the business of the board.

3-22    2.  While engaged in the business of the board, each member or

3-23  employee of the board is entitled to receive the per diem allowance and

3-24  travel expenses provided for state officers and employees generally.

3-25    Sec. 17.  1.  The board may adopt regulations governing:

3-26    (a) Proceedings before the board;

3-27    (b) Procedures for factfinding;

3-28    (c) The recognition of employee organizations; and

3-29    (d) The determination of bargaining units.

3-30    2.  The board may hear and determine any complaint arising out of

3-31  the interpretation of, or performance under, the provisions of this

3-32  chapter by any:

3-33    (a) Employer;

3-34    (b) Employee; or

3-35    (c) Employee organization.

3-36  The board shall conduct a hearing within 90 days after it decides to hear

3-37  a complaint. The board, after a hearing, may take no action or order any

3-38  person to refrain from the action complained of or to restore to the party

3-39  aggrieved any benefit of which he has been deprived by that action. The

3-40  board shall issue its decision within 120 days after the hearing on the

3-41  complaint is completed.

3-42    3.  Any party aggrieved by the failure of any person to obey an order

3-43  of the board issued pursuant to subsection 2, or the board at the request

3-44  of such a party, may apply to a court of competent jurisdiction for a

3-45  prohibitory or mandatory injunction to enforce the order.

3-46    4.  The board may not consider any complaint or appeal filed more

3-47  than 6 months after the occurrence that is the subject of the complaint or

3-48  appeal.

3-49    5.  The board may decide without a hearing a contested matter:

4-1    (a) In which all the legal issues have been previously decided by the

4-2  board, if it adopts its previous decision or decisions as precedent; or

4-3    (b) Upon agreement of all the parties.

4-4    6.  The board may award reasonable costs, which may include

4-5  attorneys’ fees, to the prevailing party.

4-6    Sec. 18.  1.  To hear and decide appeals or complaints, the board

4-7  may:

4-8    (a) Issue subpoenas requiring the attendance of witnesses before it,

4-9  together with all books, memoranda, papers and other documents relative

4-10  to the matters under investigation;        

4-11    (b) Administer oaths; and

4-12    (c) Take testimony.

4-13    2.  The district court in and for the county in which any hearing is

4-14  being conducted by the board may compel the attendance of witnesses,

4-15  the giving of testimony and the production of books and papers as

4-16  required by any subpoena issued by the board.

4-17    3.  In case of the refusal of any witness to attend or testify or produce

4-18  any papers required by such a subpoena, the board may file a report with

4-19  the district court in and for the county in which the hearing is pending by

4-20  petition, setting forth:

4-21    (a) That due notice has been given of the time and place of attendance

4-22  of the witness or the production of the books and papers;

4-23    (b) That the witness has been subpoenaed in the manner prescribed in

4-24  this chapter; and

4-25    (c) That the witness has failed and refused to attend or produce the

4-26  papers required by the subpoena before the board in the hearing named

4-27  in the subpoena, or has refused to answer questions propounded to him

4-28  in the course of the hearing,

4-29  and asking for an order of the court compelling the witness to attend and

4-30  testify or produce the books or papers before the board.

4-31    4.  The court, upon petition of the board, shall enter an order

4-32  directing the witness to appear before the court at a time and place to be

4-33  fixed by the court in the order, the time to be not more than 10 days after

4-34  the date of the order, and then and there show cause why he has not

4-35  attended or testified or produced the books or papers before the board. A

4-36  certified copy of the order must be served upon the witness. If it appears

4-37  to the court that the subpoena was regularly issued by the board, the

4-38  court shall thereupon enter an order that the witness appear before the

4-39  board at the time and place fixed in the order and testify or produce the

4-40  required books or papers, and upon failure to obey the order, the witness

4-41  must be dealt with as for contempt of court.

4-42    Sec. 19.  Each hearing and determination of an appeal or complaint

4-43  by the board is a contested case subject to the provisions of law that

4-44  govern the administrative decision and judicial review of such cases.

4-45    Sec. 20.  1.  It is the right of every employee to:

4-46    (a) Join an employee organization of his choice; or

4-47    (b) Refrain from joining an employee organization.

4-48  An employer shall not discriminate in any way among its employees on

4-49  account of membership or nonmembership in an employee organization.

5-1    2.  The recognition of an employee organization for negotiation,

5-2  pursuant to this chapter, does not preclude an employee who is not a

5-3  member of that employee organization from acting on his own behalf

5-4  with respect to any condition of his employment, but any action taken on

5-5  a request or in adjustment of a grievance must be consistent with the

5-6  terms of an applicable negotiated agreement, if any.

5-7    Sec. 21.  1.  Except as otherwise provided in subsection 4, each

5-8  employer shall negotiate in good faith through one or more

5-9  representatives of its own choosing concerning the mandatory subjects of

5-10  bargaining set forth in subsection 2 with the designated representatives

5-11  of the recognized employee organization, if any, for each appropriate

5-12  bargaining unit among its employees. If either party so requests,

5-13  agreements reached must be reduced to writing.

5-14    2.  The scope of mandatory bargaining is limited to:

5-15    (a) Salary or wage rates or other forms of direct monetary

5-16  compensation.

5-17    (b) Sick leave.

5-18    (c) Vacation leave.

5-19    (d) Holidays.

5-20    (e) Other paid or unpaid leaves of absence.

5-21    (f) Insurance benefits.

5-22    (g) Total hours of work required of an employee on each workday or

5-23  work week.

5-24    (h) Total number of days’ work required of an employee in a work

5-25  year.

5-26    (i) Discharge and disciplinary procedures.

5-27    (j) Recognition clause.

5-28    (k) The method used to classify employees in the bargaining unit.

5-29    (l) Deduction of dues for the recognized employee organization.

5-30    (m) Protection of employees in the bargaining unit from

5-31  discrimination because of participation in recognized employee

5-32  organizations consistent with the provisions of this chapter.

5-33    (n) No-strike provisions consistent with the provisions of this chapter.

5-34    (o) Grievance and arbitration procedures for the resolution of

5-35  disputes relating to the interpretation or application of collective

5-36  bargaining agreements.

5-37    (p) General savings clauses.

5-38    (q) Duration of collective bargaining agreements.

5-39    (r) Safety of the employee.

5-40    (s) Procedures for any reduction in the work force.

5-41    3.  Those subjects which are not within the scope of mandatory

5-42  bargaining and which are reserved to the employer without negotiation

5-43  include:

5-44    (a) The right to hire, direct, assign or transfer an employee, but

5-45  excluding the right to assign or transfer an employee as a form of

5-46  discipline.

5-47    (b) The right to reduce in force or lay off any employee because of

5-48  lack of work or lack of money, subject to paragraph (s) of subsection 2.

5-49    (c) The right to determine:

6-1       (1) Appropriate staffing levels and work performance standards,

6-2  except for safety considerations;

6-3       (2) The content of the workday, including, without limitation, work

6-4  load factors, except for safety considerations;

6-5       (3) The quality and quantity of services to be offered to the public;

6-6  and

6-7       (4) The means and methods of offering those services.

6-8    (d) The safety of the public.

6-9    4.  Notwithstanding the provisions of any collective bargaining

6-10  agreement negotiated pursuant to this chapter, an employer is entitled to

6-11  take whatever actions may be necessary to carry out its responsibilities in

6-12  the case of an emergency such as a riot, military action, natural disaster

6-13  or civil disorder. Those actions may include the suspension of any

6-14  collective bargaining agreement for the duration of the emergency. Any

6-15  action taken under the provisions of this subsection must not be

6-16  construed as a failure to negotiate in good faith.

6-17    5.  The provisions of this chapter do not interfere with the right and

6-18  responsibility of an employer to manage its operation in the most

6-19  efficient manner consistent with the best interests of the taxpayers and its

6-20  employees.

6-21    6.  This section does not preclude, but this chapter does not require,

6-22  an employer to negotiate subject matters enumerated in subsection 3 that

6-23  are outside the scope of mandatory bargaining. The employer shall

6-24  discuss subjects outside the scope of mandatory bargaining, but it is not

6-25  required to negotiate those subjects.

6-26    Sec. 22.  Agreements entered into between employers and employee

6-27  organizations pursuant to this chapter may extend beyond the term of

6-28  office of any member or officer of the employer.

6-29    Sec. 23.  1.  An employee organization may apply to an employer for

6-30  recognition by filing with the employer:

6-31    (a) A copy of its constitution and bylaws, if any;

6-32    (b) A roster of its officers, if any, and representatives; and

6-33    (c) A pledge in writing not to strike against the employer under any

6-34  circumstances.

6-35  An employer shall not recognize as a representative of its employees any

6-36  employee organization that has not adopted, in a manner valid under its

6-37  own rules, the pledge required by paragraph (c).

6-38    2.  If an employee organization, at or after the time of its application

6-39  for recognition, presents a verified membership list showing that it

6-40  represents a majority of the employees in a bargaining unit, and if the

6-41  employee organization is recognized by the employer, it is the exclusive

6-42  bargaining agent of the employees in that bargaining unit.

6-43    3.  An employer may, if the employer first receives the written

6-44  permission of the board, withdraw recognition from an employee

6-45  organization that:

6-46    (a) Fails to present a copy of each change in its constitution or

6-47  bylaws, if any, or to give notice of any change in the roster of its officers,

6-48  if any, and representatives;

7-1    (b) Disavows its pledge not to strike against the employer under any

7-2  circumstances;

7-3    (c) Ceases to be supported by a majority of the employees in the

7-4  bargaining unit for which it is recognized; or

7-5    (d) Fails to negotiate in good faith with the employer.

7-6    4.  If the board in good faith doubts whether any employee

7-7  organization is supported by a majority of the employees in a particular

7-8  bargaining unit, it may conduct an election by secret ballot upon the

7-9  question. Subject to judicial review, the decision of the board is binding

7-10  upon the employer and all employee organizations involved.

7-11    5.  The parties may agree in writing, without appealing to the board,

7-12  to hold a representative election to determine whether an employee

7-13  organization represents a majority of the employees in a bargaining unit.

7-14  Participation by the board and its staff in an agreed election is subject to

7-15  the approval of the board.

7-16    6.  As used in this section, “bargaining agent” means an employee

7-17  organization recognized by an employer as the exclusive representative of

7-18  all employees in a bargaining unit for the purpose of collective

7-19  bargaining.

7-20    Sec. 24.  Each employer shall, on or before November 30 of each

7-21  year, file with the board a list of all employee organizations recognized by

7-22  the employer and a description of the bargaining unit for each employee

7-23  organization.

7-24    Sec. 25.  1.  Each employee organization recognized by an employer

7-25  shall file a report with the board during November of each year.

7-26    2.  The report required by this section must include:

7-27    (a) The full name of the employee organization.

7-28    (b) The name of each employer that recognizes the employee

7-29  organization.

7-30    (c) The names of the officers of the employee organization.

7-31    (d) The total number of persons in each bargaining unit represented

7-32  by the employee organization.

7-33    (e) Copies of all changes in the employee organization’s constitution

7-34  or bylaws adopted during the preceding year.

7-35    (f) The name, address and telephone number of the person designated

7-36  by the employee organization to receive communications from the board

7-37  on business relating to the employee organization.

7-38    (g) A copy of any collective bargaining agreement in effect between

7-39  the organization and the employer.

7-40    3.  An employee organization that has not previously been recognized

7-41  by an employer shall file the information required by this section within

7-42  30 days after recognition.

7-43    Sec. 26.  1.  Each employer that has recognized one or more

7-44  employee organizations shall determine, after consultation with the

7-45  recognized organization or organizations, which group or groups of its

7-46  employees constitute an appropriate unit or units for negotiating. The

7-47  primary criterion for that determination must be the community of

7-48  interest among the employees concerned.

8-1    2.  A head of a department, an administrative employee or a

8-2  supervisory employee must not be a member of the same bargaining unit

8-3  as the employees under his direction. Any dispute between the parties as

8-4  to whether an employee is administrative or supervisory must be

8-5  submitted to the board.

8-6    3.  Confidential employees of the employer must be excluded from

8-7  any bargaining unit, but are entitled to participate in any plan to provide

8-8  benefits for a group that is administered by the bargaining unit of which

8-9  they would otherwise be a member.

8-10    4.  If any employee organization is aggrieved by the determination of

8-11  a bargaining unit, it may appeal to the board. Subject to judicial review,

8-12  the decision of the board is binding upon the employer and employee

8-13  organizations involved. The board shall apply the same criterion as

8-14  specified in subsection 1.

8-15    5.  As used in this section:

8-16    (a) “Administrative employee” means an employee whose primary

8-17  duties consist of work directly related to management policies and who

8-18  customarily exercises discretion and independent judgment and regularly

8-19  assists an executive. The term includes department heads, their deputies

8-20  and immediate assistants, attorneys, and other employees who are

8-21  primarily responsible for formulating and administering management

8-22  policy and programs.

8-23    (b) “Confidential employee” means an employee who is involved in

8-24  the decisions of management affecting collective bargaining.

8-25    (c) “Supervisory employee” means a person having authority in the

8-26  interest of the employer to hire, transfer, suspend, lay off, recall,

8-27  promote, discharge, assign, reward or discipline other employees, or the

8-28  responsibility to direct them, to adjust their grievances or effectively to

8-29  recommend such action, if such authority and responsibility is carried

8-30  out using independent judgment and not in a routine or clerical manner.

8-31  The term does not include an employee:

8-32      (1) For whom the exercise of such authority and responsibility

8-33  occupies an insignificant portion of his workday; or

8-34      (2) Who has been given incidental administrative duties.

8-35    Sec. 27.  1.  If an employee organization wishes to negotiate

8-36  concerning any matter that is subject to negotiation pursuant to this

8-37  chapter, it shall give written notice to the employer. If the subject of

8-38  negotiation requires the budgeting of money by the employer, the

8-39  employee organization shall give notice on or before February 1.

8-40    2.  Following the notification provided for in subsection 1, the

8-41  employee organization or the employer may request reasonable

8-42  information concerning any subject matter included in the scope of

8-43  mandatory bargaining that it deems necessary for and relevant to the

8-44  negotiations. The information requested must be furnished without

8-45  unnecessary delay. The information must be accurate and must be

8-46  presented in a form responsive to the request and in the format in which

8-47  the records containing it are ordinarily kept.

9-1    3.  The parties shall promptly commence negotiations. As the first

9-2  step, the parties shall discuss the procedures to be followed if they are

9-3  unable to agree on one or more issues.

9-4    4.  This section does not preclude, and this chapter does not require,

9-5  informal discussion between an employee organization and an employer

9-6  of any matter that is not subject to negotiation or contract under this

9-7  chapter. Any such informal discussion is exempt from all requirements

9-8  of notice or a time schedule.

9-9    Sec. 28.  1.  Anytime before July 1, the dispute may be submitted to

9-10  a mediator if both parties agree. On or after July 1, but before July 5,

9-11  either party involved in negotiations may request a mediator. If the

9-12  parties do not agree upon a mediator, the commissioner shall submit to

9-13  the parties a list of seven potential mediators. The parties shall select a

9-14  mediator from the list by alternately striking one name until the name of

9-15  only one mediator remains, who will be the mediator to hear the dispute.

9-16  The employee organization shall strike the first name.

9-17    2.  If mediation is agreed to or requested pursuant to subsection 1, the

9-18  mediator must be selected on or before July 15.

9-19    3.  The mediator shall bring the parties together as soon as possible

9-20  and, unless otherwise agreed upon by the parties, attempt to settle the

9-21  dispute not later than July 31. He may establish the times and dates for

9-22  meetings and compel the parties to attend, but may not compel the parties

9-23  to agree.

9-24    4.  The employer and employee organization each shall pay one-half

9-25  of the cost of mediation. Each party shall pay its own costs of preparation

9-26  and presentation of its case in mediation.

9-27    5.  If the dispute is submitted to a mediator and then submitted to a

9-28  factfinder, the mediator shall, before August 15, give to the commissioner

9-29  a report of the efforts made to settle the dispute.

9-30    Sec. 29.  If an employee organization enters into negotiations with

9-31  an employer pursuant to sections 20 to 35, inclusive, of this act, the

9-32  employee organization may be represented by an attorney licensed to

9-33  practice law in the State of Nevada.

9-34    Sec. 30.  1.  If:

9-35    (a) The parties have participated in mediation and, by August 1, have

9-36  not reached agreement; or

9-37    (b) The bargaining unit represented by the employee organization

9-38  contains fewer than 30 persons,

9-39  either party to the dispute, at any time up to September 20, may submit

9-40  the dispute to an impartial factfinder for his findings and

9-41  recommendations. His findings and recommendations are not binding on

9-42  the parties except as otherwise provided in subsections 5, 6 and 9. The

9-43  mediator of a dispute may also be chosen by the parties to serve as the

9-44  factfinder.

9-45    2.  If the parties are unable to agree on an impartial factfinder within

9-46  5 days, either party may request from the American Arbitration

9-47  Association or the Federal Mediation and Conciliation Service a list of

9-48  seven potential factfinders. If the parties are unable to agree upon which

9-49  arbitration service should be used, the Federal Mediation and

10-1  Conciliation Service must be used. The parties shall select their

10-2  factfinder from this list by alternately striking one name until the name

10-3  of only one factfinder remains, who will be the factfinder to hear the

10-4  dispute in question. The employee organization shall strike the first

10-5  name.

10-6    3.  The employer and employee organization each shall pay one-half

10-7  of the cost of factfinding. Each party shall pay its own costs of

10-8  preparation and presentation of its case in factfinding.

10-9    4.  A schedule of dates and times for the hearing must be established

10-10  before October 20, and the factfinder shall report his findings and

10-11  recommendations to the parties to the dispute within 30 days after the

10-12  conclusion of the factfinding hearing.

10-13  5.  The parties to the dispute may agree, before the submission of the

10-14  dispute to factfinding, to make the findings and recommendations on all

10-15  or any specified issues final and binding on the parties.

10-16  6.  If the parties do not agree on whether to make the findings and

10-17  recommendations of the factfinder final and binding, either party may

10-18  request the formation of a panel to determine whether the findings and

10-19  recommendations of a factfinder on all or any specified issues in a

10-20  particular dispute that are within the scope of subsection 9 are to be final

10-21  and binding. The determination must be made upon the concurrence of

10-22  at least two members of the panel and not later than October 20, unless

10-23  that date is extended by the commissioner. Each panel shall, when

10-24  making its determination, consider whether the parties have bargained in

10-25  good faith and whether it believes the parties can resolve any remaining

10-26  issues. Any panel may also consider the actions taken by the parties in

10-27  response to any previous factfinding between these parties and the best

10-28  interests of the state and all its residents.

10-29  7.  Except as otherwise provided in subsection 8, any factfinder,

10-30  whether his recommendations are to be binding or not, shall base his

10-31  recommendations or award on the following criteria:

10-32  (a) A preliminary determination must be made as to the financial

10-33  ability of the employer based on all existing available revenues as

10-34  established by the employer.

10-35  (b) Once the factfinder has determined in accordance with
paragraph (a) that there is a current financial ability to grant monetary

10-36  benefits, he shall use normal criteria for interest disputes regarding the

10-37  terms and provisions to be included in an agreement in assessing the

10-38  reasonableness of the position of each party as to each issue in dispute

10-39  and he shall consider whether the board found that either party had

10-40  bargained in bad faith.

10-41  The factfinder’s report must contain the facts upon which he based his

10-42  determination of financial ability to grant monetary benefits and his

10-43  recommendations or award.

10-44  8.  Any sum of money that is maintained in a fund the balance of

10-45  which is required by law to be:

10-46  (a) Used only for a specific purpose other than the payment of

10-47  compensation to the bargaining unit affected; or

11-1    (b) Carried forward to the succeeding fiscal year in any designated

11-2  amount, to the extent of that amount,

11-3  must not be counted in determining the financial ability of an employer

11-4  and must not be used to pay any monetary benefits recommended or

11-5  awarded by the factfinder.

11-6    9.  The issues that may be included in a panel’s order pursuant to

11-7  subsection 6 are:

11-8    (a) Those enumerated in subsection 2 of section 21 of this act as the

11-9  subjects of mandatory bargaining, unless precluded for that year by an

11-10  existing collective bargaining agreement between the parties; and

11-11  (b) Those which an existing collective bargaining agreement between

11-12  the parties makes subject to negotiation in that year.

11-13  This subsection does not preclude the voluntary submission of other

11-14  issues by the parties pursuant to subsection 5.

11-15  Sec. 31.  Any request for the formation of a panel to determine

11-16  whether the findings and recommendations of a factfinder must be final

11-17  and binding must be filed with the commissioner not later than
October 1. The request must include:

11-18  1.  A list of the issues that remain unresolved and the position of each

11-19  party regarding those issues;

11-20  2.  The requester’s assessment of the fiscal effect on the employer of

11-21  the requester’s positions;

11-22  3.  An outline of any previous factfinding between the parties that

11-23  includes any recommendations and awards of a factfinder and the

11-24  actions of each party in response thereto;

11-25  4.  A statement of whether the parties are engaged in mediation

11-26  regarding the current dispute;

11-27  5.  A schedule of the dates and times set by the factfinder for the

11-28  hearing; and

11-29  6.  Any other information deemed necessary by the
commissioner.

11-30  Any person filing such a request shall give written notice of the request

11-31  to the Nevada state board of accountancy and the State Bar of Nevada.

11-32  Sec. 32.  1.  Within 5 days after receiving notice of a request

11-33  pursuant to section 31 of this act, the Nevada state board of accountancy

11-34  and the State Bar of Nevada shall each submit to the commissioner and

11-35  each party to the dispute a list of names of five of their members who

11-36  would serve on a panel and are not closely allied with any employee

11-37  association or employer.

11-38  2.  Within 8 days after receiving the lists, the parties shall choose one

11-39  name from each list by alternately striking one name until the names of

11-40  only one attorney and one accountant remain, who will each be a

11-41  member of the panel. The parties shall choose the member from the list

11-42  of accountants separately from their choice from the list of attorneys.

11-43  The parties shall notify the commissioner of their selections, and he shall

11-44  notify the attorney and accountant selected.

11-45  3.  Within 5 days after receiving notice of their selection, the attorney

11-46  and accountant shall:

11-47  (a) Choose the third member of the panel, who must:

12-1      (1) Be willing to serve on the panel;

12-2      (2) Be a resident of this state; and

12-3      (3) Not be closely allied with any employee organization or

12-4  employer.

12-5    (b) Notify the commissioner of their choice, and the three members

12-6  shall notify the commissioner of the dates before August 10 when they

12-7  will all be available to attend hearings.

12-8    4.  The commissioner shall serve as a nonvoting member and also as

12-9  the chairman of the panel.

12-10  5.  If the accountant or attorney selected to serve on the panel is

12-11  unable to do so, the Nevada state board of accountancy or the State Bar

12-12  of Nevada shall designate a person to replace its nominee. If the

12-13  commissioner is unable to serve, the governor shall designate a person to

12-14  serve in his capacity.

12-15  Sec. 33.  1.  Each person, except the commissioner, who serves on a

12-16  panel formed pursuant to section 31 of this act is entitled to receive $150

12-17  for each day he is engaged in the business of the panel and the expenses

12-18  and allowances prescribed in NRS 281.160.

12-19  2.  All claims that arise pursuant to this section must be paid from the

12-20  reserve for statutory contingency account upon approval by the

12-21  commissioner and the state board of examiners.

12-22  Sec. 34.  1.  To investigate disputes, the factfinder may:

12-23  (a) Issue subpoenas requiring the attendance of witnesses before him,

12-24  together with all books, memoranda, papers and other documents relative

12-25  to the matters under investigation;

12-26  (b) Administer oaths; and

12-27  (c) Take testimony.

12-28  2.  The district court in and for the county in which any investigation

12-29  is being conducted by a factfinder may compel the attendance of

12-30  witnesses, the giving of testimony and the production of books and

12-31  papers as required by any subpoena issued by the factfinder.

12-32  3.  In case of the refusal of any witness to attend or testify or produce

12-33  any papers required by such a subpoena, the factfinder may report to the

12-34  district court in and for the county in which the investigation is pending

12-35  by petition, setting forth:

12-36  (a) That due notice has been given of the time and place of attendance

12-37  of the witness or the production of the books and papers;

12-38  (b) That the witness has been subpoenaed in the manner prescribed in

12-39  this chapter;

12-40  (c) That the witness has failed and refused to attend or produce the

12-41  papers required by the subpoena before the factfinder in the investigation

12-42  named in the subpoena, or has refused to answer questions propounded

12-43  to him in the course of such an investigation,

12-44  and asking for an order of the court compelling the witness to attend and

12-45  testify or produce the books or papers before the factfinder.

12-46  4.  The court, upon petition of the factfinder, shall enter an order

12-47  directing the witness to appear before the court at a time and place to be

12-48  fixed by the court in the order, the time to be not more than 10 days after

12-49  the date of the order, and then and there show cause why he has not

13-1  attended or testified or produced the books or papers before the

13-2  factfinder. A certified copy of the order must be served upon the witness.

13-3  If it appears to the court that the subpoena was regularly issued by the

13-4  factfinder, the court shall thereupon enter an order that the witness

13-5  appear before the factfinder at the time and place fixed in the order and

13-6  testify or produce the required books or papers, and upon failure to obey

13-7  the order, the witness must be dealt with as for contempt of court.

13-8    Sec. 35.  The following proceedings, required by or pursuant to this

13-9  chapter, are not subject to any provision of NRS that requires a meeting

13-10  to be open or public:

13-11  1.  Any negotiation or informal discussion between an employer and

13-12  an employee organization or employees as individuals, whether

13-13  conducted by the governing body of the employer, if any, or through a

13-14  representative or representatives.

13-15  2.  Any meeting of a mediator with either party or both parties to a

13-16  negotiation.

13-17  3.  Any meeting or investigation conducted by a factfinder.

13-18  4.  Any meeting of the governing body of an employer, if any, with its

13-19  management representative or representatives.

13-20  5.  Deliberations of the board toward a decision on a complaint,

13-21  appeal or petition for declaratory relief.

13-22  Sec. 36.  1.  The legislature finds as facts:

13-23  (a) That the services provided by the employers are of such nature that

13-24  they are not and cannot be duplicated from other sources and are

13-25  essential to the well-being of the people of the State of Nevada;

13-26  (b) That the continuity of such services is essential, and their

13-27  disruption incompatible with the responsibility of the state to its

13-28  residents; and

13-29  (c) That every person who enters or remains in the employment of an

13-30  employer accepts the facts stated in paragraphs (a) and (b) as an

13-31  essential condition of his employment.

13-32  2.  The legislature therefore declares it to be the public policy of the

13-33  State of Nevada that strikes against an employer are illegal.

13-34  Sec. 37.  1.  If a strike occurs against an employer, the employer

13-35  shall, and if a strike is threatened against an employer, the employer

13-36  may, apply to a court of competent jurisdiction to enjoin the strike. The

13-37  application must set forth the facts constituting the strike or threat to

13-38  strike.

13-39  2.  If the court finds that an illegal strike has occurred or unless

13-40  enjoined will occur, it shall enjoin the continuance or commencement of

13-41  the strike. The provisions of N.R.C.P. 65 and of the other Nevada Rules

13-42  of Civil Procedure apply generally to proceedings pursuant to this

13-43  section, but the court shall not require security of the employer.

13-44  Sec. 38.  1.  If a strike is commenced or continued in violation of an

13-45  order issued pursuant to section 37 of this act, the court may:

13-46  (a) Punish the employee organization or organizations guilty of the

13-47  violation by a fine of not more than $50,000 against each organization

13-48  for each day of continued violation.

14-1    (b) Punish any officer of an employee organization who is wholly or

14-2  partly responsible for the violation by a fine of not more than $1,000 for

14-3  each day of continued violation, or by imprisonment as provided in NRS

14-4  22.110.

14-5    (c) Punish any employee of an employer who participates in the strike

14-6  by ordering the dismissal or suspension of the employee.

14-7    2.  Any of the penalties enumerated in subsection 1 may be applied

14-8  alternatively or cumulatively, in the discretion of the court.

14-9    Sec. 39.  1.  If a strike or violation is commenced or continued in

14-10  violation of an order issued pursuant to section 37 of this act, the

14-11  employer may:

14-12  (a) Dismiss, suspend or demote all or any of the employees who

14-13  participate in the strike or violation.

14-14  (b) Cancel the contracts of employment of all or any of the employees

14-15  who participate in the strike or violation.

14-16  (c) Withhold all or any part of the salaries or wages that would

14-17  otherwise accrue to all or any of the employees who participate in the

14-18  strike or violation.

14-19  2.  Any of the powers conferred by subsection 1 may be exercised

14-20  alternatively or cumulatively.

14-21  Sec. 40.  1.  It is a prohibited practice for an employer or its

14-22  designated representative willfully to:

14-23  (a) Interfere, restrain or coerce any employee in the exercise of any

14-24  right guaranteed pursuant to this chapter.

14-25  (b) Dominate, interfere with or assist in the formation or

14-26  administration of any employee organization.

14-27  (c) Discriminate in regard to hiring, tenure or any term or condition

14-28  of employment to encourage or discourage membership in any employee

14-29  organization.

14-30  (d) Discharge or otherwise discriminate against any employee because

14-31  he has signed or filed an affidavit, petition or complaint or given any

14-32  information or testimony pursuant to this chapter, or because he has

14-33  formed, joined or chosen to be represented by any employee

14-34  organization.

14-35  (e) Refuse to bargain collectively in good faith with the exclusive

14-36  representative as required pursuant to section 21 of this act. Bargaining

14-37  collectively includes the entire bargaining process, including mediation

14-38  and factfinding, provided for in this chapter.

14-39  (f) Discriminate because of race, color, religion, sex, age, physical or

14-40  visual handicap, or national origin, or because of political or personal

14-41  reasons or affiliations.

14-42  (g) Fail to provide the information required pursuant to section 27 of

14-43  this act.

14-44  2.  It is a prohibited practice for an employee or for an employee

14-45  organization or its designated agent willfully to:

14-46  (a) Interfere with, restrain or coerce any employee in the exercise of

14-47  any right guaranteed under this chapter.

14-48  (b) Refuse to bargain collectively in good faith with an employer, if it

14-49  is an exclusive representative, as required pursuant to section 21 of this

15-1  act. Bargaining collectively includes the entire bargaining process,

15-2  including mediation and factfinding, provided for in this chapter.

15-3    (c) Discriminate because of race, color, religion, sex, age, physical or

15-4  visual handicap, or national origin, or because of political or personal

15-5  reasons or affiliations.

15-6    (d) Fail to provide the information required pursuant to section 27 of

15-7  this act.

15-8    Sec. 41.  Any controversy concerning prohibited practices may be

15-9  submitted to the board in the same manner and with the same effect as

15-10  provided in section 17 of this act, except that an alleged failure to provide

15-11  information as required pursuant to section 27 of this act must be heard

15-12  and determined by the board as soon as possible after the complaint is

15-13  filed with the board.

15-14  Sec. 42.  NRS 679A.160 is hereby amended to read as follows:

15-15  679A.160  Except as otherwise provided by specific statute, no

15-16  provision of this code applies to:

15-17  1.  Fraternal benefit societies, as identified in chapter 695A of NRS,

15-18  except as stated in chapter 695A of NRS.

15-19  2.  Hospital, medical or dental service corporations, as identified in

15-20  chapter 695B of NRS, except as stated in chapter 695B of NRS.

15-21  3.  Motor clubs, as identified in chapter 696A of NRS, except as stated

15-22  in chapter 696A of NRS.

15-23  4.  Bail agents, as identified in chapter 697 of NRS, except as stated in

15-24  NRS 680B.025 to 680B.039, inclusive, and chapter 697 of NRS.

15-25  5.  Risk retention groups, as identified in chapter 695E of NRS, except

15-26  as stated in chapter 695E of NRS.

15-27  6.  Captive insurers, as identified in chapter 694C of NRS, with respect

15-28  to their activities as captive insurers, except as stated in chapter 694C of

15-29  NRS.

15-30  7.  Health and welfare plans arising out of collective bargaining [under]

15-31  pursuant to chapter 288 of NRS, or sections 2 to 41, inclusive, of this act,

15-32  except that the commissioner may review the plan to ensure that the

15-33  benefits are reasonable in relation to the premiums and that the fund is

15-34  financially sound.

15-35  Sec. 43.  As soon as practicable after July 1, 2001, the governor shall

15-36  appoint to the board for employee-management relations created pursuant

15-37  to section 14 of this act:

15-38  1.  One member whose term expires on June 30, 2003.

15-39  2.  One member whose term expires on June 30, 2004.

15-40  3.  One member whose term expires on June 30, 2005.

15-41  Sec. 44.  This act becomes effective on July 1, 2001.

 

15-42  H