Assembly Bill No. 89–Committee on Government
Affairs
February 12, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Authorizes collective bargaining for
certain state employees. (BDR 23‑209)
FISCAL NOTE: Effect on Local Government: No.
~
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; authorizing collective bargaining for certain state
employees; creating a board for labor relations for state employees; providing
for bargaining units and for their representation; establishing procedures for collective
bargaining and for making, revising and amending collective bargaining
agreements; prohibiting certain unfair labor practices; authorizing the
superintendent of the state printing division of the department of
administration to make certain labor agreements; 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. NRS 281.129 is hereby
amended to read as follows:
1-2 281.129 Any officer of the state, except the
legislative fiscal officer,
1-3 who disburses money in payment of salaries and wages
of officers and
1-4 employees of the state may, upon written requests of
the officer or
1-5 employee specifying amounts, withhold those amounts
and pay them to:
1-6 1. Charitable
organizations;
1-7 2. Employee
credit unions;
1-8 3. Insurers,
if the board of the public employees’ benefits program has
1-9 approved the request;
1-10 4. The
United States for the purchase of savings bonds and similar
1-11 obligations of the United States; and
1-12 5. [Employee]
Except as otherwise provided in
section 32 of this act,
1-13 employee organizations and labor
organizations.
1-14 The state controller may adopt regulations necessary
to withhold money
1-15 from the salaries or wages of officers and employees
of the executive
1-16 department.
1-17 Sec. 2. NRS
284.013 is hereby amended to read as follows:
1-18 284.013 1. Except
as otherwise provided in subsection 4, this chapter
1-19 does not apply to:
2-1 (a) Agencies, bureaus, commissions, officers or
personnel in the
2-2 legislative department or the judicial department of
state government,
2-3 including the commission on judicial discipline;
2-4 (b) Any person who is employed by a board,
commission, committee or
2-5 council created in chapters 590, 623 to 625A,
inclusive, 628, 630 to 644,
2-6 inclusive, 648, 652, 654 and 656 of NRS; or
2-7 (c) Officers or employees of
any agency of the executive department of
2-8 the state government, who are exempted by specific
statute.
2-9 2. Except as
otherwise provided in subsection 3, the terms and
2-10 conditions of employment of all persons referred to
in subsection 1,
2-11 including salaries not prescribed by law and leaves
of absence, including,
2-12 without limitation, annual leave and sick and
disability leave, must be fixed
2-13 by the appointing or employing authority within the
limits of legislative
2-14 appropriations or authorizations.
2-15 3. Except as
otherwise provided in this subsection, leaves of absence
2-16 prescribed pursuant to subsection 2 must not be of
lesser duration than
2-17 those provided for other state officers and
employees pursuant to the
2-18 provisions of this chapter. The provisions of this
subsection do not govern
2-19 the legislative commission with respect to the
personnel of the legislative
2-20 counsel bureau.
2-21 4. Any board, commission, committee or council
created in chapters
2-22 590, 623 to 625A, inclusive, 628, 630 to 644,
inclusive, 648, 652, 654 and
2-23 656 of NRS which contracts for the services of a
person, shall require the
2-24 contract for those services to be in writing. The
contract must be approved
2-25 by the state board of examiners before those
services may be provided.
2-26 5. To
the extent that they are inconsistent or otherwise are in
2-27 conflict, the
provisions of this chapter do not apply to any terms or
2-28 conditions of
employment that are properly within the scope of and
2-29 subject to the
provisions of:
2-30
(a) A collective bargaining agreement or
supplemental bargaining
2-31 agreement that is
enforceable pursuant to the provisions of sections 4 to
2-32 50, inclusive, of
this act; or
2-33 (b) An agreement concerning the terms and
conditions of employment
2-34 for compositors,
machine operators, pressmen and assistants that is made
2-35 pursuant to
section 68 of this act between the superintendent of the state
2-36 printing division
of the department of administration and any group or
2-37 organization that
represents such employees.
2-38 As used in this
subsection, “terms and conditions of employment” has
2-39 the meaning
ascribed to it in section 17 of this act.
2-40 Sec. 3. Chapter
288 of NRS is hereby amended by adding thereto the
2-41 provisions set forth as sections 4 to 50, inclusive,
of this act.
2-42 Sec. 4. As used in sections 4
to 50, inclusive, of this act, unless the
2-43 context otherwise
requires, the words and terms defined in sections 5 to
2-44 17, inclusive, of
this act have the meanings ascribed to them in those
2-45 sections.
2-46 Sec. 5. “Bargaining unit”
means a collection of employees that the
2-47 board has
established as a bargaining unit pursuant to section 27 of this
2-48 act.
3-1 Sec. 6. “Board” means the
board for labor relations for state
3-2 employees.
3-3 Sec. 7. “Chief of the budget
division” means the chief of the budget
3-4 division of the
department of administration.
3-5 Sec. 8. “Collective
bargaining” means a method to determine the
3-6 terms and
conditions of employment for all employees within a
3-7 bargaining unit
through negotiation, mediation or arbitration between
3-8 the executive
department and the exclusive representative of the
3-9 bargaining unit
pursuant to sections 4 to 50, inclusive, of this act.
3-10 Sec. 9. “Confidential
employee” means an employee who:
3-11 1. Assists
in the formulation, determination and effectuation of
3-12 personnel
policies or managerial policies concerning collective
3-13 bargaining or
supplemental bargaining;
3-14 2. Provides
administrative support to an employee described in
3-15 subsection 1; or
3-16 3. Is
employed by the board.
3-17 Sec. 10. 1. “Employee” means a person who:
3-18 (a) Is employed in the classified service of
the state pursuant to
3-19 chapter 284 of
NRS, including, without limitation, persons employed in
3-20 the classified
service by the University and Community College System of
3-21 Nevada;
3-22 (b) Is employed by the public employees’
retirement system and who is
3-23 required to be
paid in accordance with the pay plan for the classified
3-24 service of the
state; or
3-25 (c) Is employed by any other employer that
receives money from the
3-26 State of Nevada
if the National Labor Relations Board has refused to
3-27 assert
jurisdiction over the employer because the employer lacks the
3-28 ultimate
authority to determine the primary terms and conditions of
3-29 employment and
who is in a position similar to a position in the classified
3-30 service of the
state.
3-31 2. The
term does not include:
3-32 (a) An employee whose position is classified
at grade 42 or higher
3-33 under the pay
plan in existence on January 1, 2001, or whose position is
3-34 given an
equivalent classification under any subsequently adopted pay
3-35 plan;
3-36 (b) A compositor, machine operator, pressman
or assistant who is
3-37 employed pursuant
to NRS 344.080 by the superintendent of the state
3-38 printing division
of the department of administration;
3-39 (c) A confidential employee;
3-40 (d) An employee who is normally scheduled to
work 20 hours or less
3-41 per week, unless
the employee is hired to avoid the provisions of sections
3-42 4 to 50,
inclusive, of this act; or
3-43 (e) A temporary employee who is employed for a
fixed period of 4
3-44 months or less.
3-45 Sec. 11. “Employee
organization” means an organization that is
3-46 created,
maintained and operated to represent employees concerning the
3-47 terms and
conditions of employment for those employees.
4-1 Sec. 12. “Exclusive
representative” means an employee organization
4-2 that, as a result
of designation by the board, has the exclusive right to
4-3 represent all
employees within a bargaining unit and to negotiate with
4-4 the executive department
pursuant to sections 4 to 50, inclusive, of this
4-5 act concerning
the terms and conditions of employment for those
4-6 employees.
4-7 Sec. 13. “Executive
department” means an agency, board, bureau,
4-8 commission,
department, division, elected officer or any other unit of the
4-9 executive
department of state government.
4-10 Sec. 14. “Mediation” means assistance by an
impartial third party to
4-11 reconcile
differences between the executive department and an exclusive
4-12 representative
through interpretation, suggestion and advice.
4-13 Sec. 15. “Party” includes,
without limitation, the executive
4-14 department.
4-15 Sec. 16. “Supplemental
bargaining” means bargaining concerning
4-16 the terms and
conditions of employment that is conducted pursuant to
4-17 section 45 of
this act.
4-18 Sec. 17. Except as otherwise
provided in sections 4 to 50, inclusive,
4-19 of this act,
“terms and conditions of employment” include, without
4-20 limitation:
4-21 1. Salaries
and wages;
4-22 2. Hours
and working conditions;
4-23 3. Benefits
other than benefits related to the public employees’
4-24 retirement
system;
4-25 4. Grievances;
and
4-26 5. Labor
disputes.
4-27 Sec. 18. The provisions of
chapter 241 of NRS do not apply to any of
4-28 the following, if
conducted for the purposes of sections 4 to 50, inclusive,
4-29 of this act:
4-30 1. A
negotiation or informal discussion between the executive
4-31 department and an
employee organization.
4-32
2. A
meeting or investigation conducted by a mediator or arbitrator.
4-33 3. A
meeting between the executive department and its designated
4-34 representatives
concerning collective bargaining or supplemental
4-35 bargaining.
4-36 Sec. 19. 1. The board for labor relations for state
employees is
4-37 hereby created,
consisting of three members appointed as follows:
4-38 (a) One member appointed by the governor;
4-39 (b) One member appointed by the majority
leader of the senate; and
4-40 (c) One member appointed by the speaker of the
assembly.
4-41 2. The
members of the board must be broadly representative of the
4-42 public and must
not be closely allied with any employee organization or
4-43 the executive
department.
4-44 3. The
term of office of each member of the board is 4 years.
4-45 4. The
members of the board serve at the pleasure of the appointing
4-46 authority in each
case.
4-47 5. Any
vacancy in the membership of the board must be filled for the
4-48 remainder of the
unexpired term in the same manner as the original
4-49 appointment.
5-1 Sec. 20. 1. The members of the board shall annually elect
one of
5-2 their number as
chairman and one as vice chairman. The vice chairman
5-3 shall perform the
duties of the chairman during any absence of the
5-4 chairman.
5-5 2. Two
members of the board constitute a quorum.
5-6 3. The
board may, within the limits of legislative appropriations:
5-7 (a) Appoint an executive secretary, who is in
the classified service of
5-8 the state; and
5-9 (b) Employ such clerical personnel as may be
necessary, who are in
5-10 the classified
service of the state.
5-11 Sec. 21.
1. Each member of the board is entitled to
receive a salary
5-12 of not more than
$80, as fixed by the board, for each day in which the
5-13 member is engaged
in the business of the board.
5-14 2. While
engaged in the business of the board, each member and
5-15 employee of the
board is entitled to receive the per diem allowance and
5-16 travel expenses
provided for state officers and employees generally.
5-17 Sec. 22. 1. The board shall adopt regulations concerning:
5-18 (a) The establishment of bargaining units and
the classifications of
5-19 employees within
each bargaining unit pursuant to section 27 of this act;
5-20 (b) The recognition of employee organizations
and the designation of
5-21 exclusive
representatives pursuant to sections 28 to 32, inclusive, of this
5-22 act;
5-23 (c) Procedures for mediation;
5-24 (d) Procedures for arbitration; and
5-25 (e) Hearings and proceedings before the board,
including, without
5-26 limitation,
hearings and proceedings conducted pursuant to section 48 of
5-27 this act.
5-28 2. The
board may adopt any other regulations that are necessary to
5-29 carry out the
provisions of sections 4 to 50, inclusive, of this act.
5-30 3. The
board may hear and determine any complaint:
5-31 (a) Arising out of the interpretation or
performance of an agreement
5-32 entered into
pursuant to sections 4 to 50, inclusive, of this act;
5-33 (b) Concerning the classification of an
employee within an
5-34 appropriate
bargaining unit pursuant to section 27 of this act; or
5-35 (c) Concerning a practice that is prohibited
by section 47 of this act.
5-36 Sec. 23. 1. In carrying out the provisions of sections 4
to 50,
5-37 inclusive, of
this act, the board may:
5-38 (a) Administer oaths or affirmations;
5-39 (b) Take testimony; and
5-40 (c) Issue subpoenas to compel the attendance
and testimony of a
5-41 person and to
compel the production of books, papers and other items
5-42 that are relevant
to a matter being investigated or considered by the
5-43 board.
5-44 2. If
a person named in a subpoena fails or refuses to attend or
5-45 testify before
the board, to answer any questions propounded by the
5-46 board or to
produce the books, papers or other items required by the
5-47 subpoena, the
chairman of the board may petition the district court to
5-48 enter an order
compelling the person to attend and testify before the
5-49 board, to answer
the questions propounded by the board or to produce
6-1 the books, papers
or other items required by the subpoena. The petition
6-2 filed by the
chairman must set forth that:
6-3 (a) Due notice has been given to the person
named in the subpoena of
6-4 the time and
place for his attendance and testimony before the board or
6-5 for the
production of the books, papers or other items required by the
6-6 subpoena;
6-7 (b) The person has been subpoenaed by the
board pursuant to this
6-8 section; and
6-9 (c) The person has failed or refused to attend
or testify before the
6-10 board, to answer
certain questions propounded by the board or to
6-11 produce the
books, papers or other items required by the subpoena.
6-12 3. Upon
such a petition, the court shall enter an order directing the
6-13 person named in
the subpoena to:
6-14 (a) Appear before the court at the place and
time designated in the
6-15 order. The time
designated by the court must be not later than 10 days
6-16 after the date of
the order.
6-17 (b) Show cause why the person has failed or
refused to attend or
6-18 testify before
the board, to answer the questions propounded by the board
6-19 or to produce the
books, papers or other items required by the
subpoena.
6-20 A certified copy
of the order must be served upon the person named in
6-21 the subpoena.
6-22 4. If
it appears to the court that the subpoena was regularly issued by
6-23 the board and
properly served, the court shall enter an order directing
6-24 the person named
in the subpoena to appear before the board at the place
6-25 and time
designated in the order and to testify before the board, to
6-26 answer the
questions propounded by the board or to produce the books,
6-27 papers or other
items required by the subpoena. Failure to obey the order
6-28 constitutes
contempt of court.
6-29 Sec. 24. 1. A subpoena issued by the board extends to all
parts of
6-30 this state and
must be served in accordance with the provisions of
6-31 N.R.C.P. 4(c).
The board may not require a person named in a subpoena
6-32 to attend at a
place outside the county in which the person resides unless:
6-33 (a) The location of the place is less than 100
miles from the person’s
6-34 primary
residence; or
6-35 (b) A party, by affidavit, shows that the
testimony of the person is
6-36 material and
necessary to the proceedings, and the board endorses on the
6-37 subpoena an order
requiring the person to attend at the place named in
6-38 the subpoena,
regardless of its location in this state.
6-39 2. A
person who appears before the board pursuant to a subpoena is
6-40 entitled to
receive fees and mileage in the same amounts and under the
6-41 same
circumstances as prescribed by subsection 1 of NRS 50.225 for a
6-42 witness in a
civil action in the district court, unless the person is a party
6-43 to the proceeding
or an officer or employee of this state or any of its
6-44 political
subdivisions. As used in this subsection, “employee” includes,
6-45 without
limitation, an employee in the classified or unclassified service of
6-46 the state.
6-47 3. If
a person who is entitled to receive fees and mileage pursuant to
6-48 subsection 2 must
appear at a hearing before the board at a place located
7-1 so far from his
primary residence that it is not reasonable for the person
7-2 to return to that
residence from day to day, the person is entitled, in
7-3 addition to fees
and mileage, to receive for each day of actual attendance
7-4 at such a hearing
and for each day necessarily occupied in traveling to
7-5 and from such a
hearing a per diem allowance in an amount equal to the
7-6 per diem
allowance provided for state officers and employees generally
7-7 while away from
the office and within this state pursuant to subsection 1
7-8 of NRS 281.160.
7-9 4. Except
as otherwise provided in subsection 5, a party who requests
7-10 that the board
issue a subpoena to a person shall pay to the board the
7-11 amount of any
compensation for subsistence and transportation that the
7-12 person is
entitled to receive from the board pursuant to subsection 3.
7-13 5. As
part of an award of costs to the party who prevails in a
7-14 proceeding, the
board may require the party who did not prevail in the
7-15 proceeding to pay
to the board the amount of any compensation for
7-16 subsistence and
transportation that the prevailing party would have
7-17 otherwise been
required to pay to the board pursuant to subsection 4.
7-18 Sec. 25. 1. For the purposes of collective bargaining,
supplemental
7-19 bargaining and
other mutual aid or protection, employees have the right
7-20 to:
7-21 (a) Organize, form, join and assist employee
organizations, engage in
7-22 collective
bargaining and supplemental bargaining through exclusive
7-23 representatives
and engage in other concerted activities; and
7-24 (b) Refrain from engaging in any such
activity.
7-25 2. Collective
bargaining and supplemental bargaining entail a
7-26 mutual obligation
of the executive department and an exclusive
7-27 representative to
meet at reasonable times and to bargain in good faith
7-28 with respect to:
7-29 (a) The terms and conditions of employment;
7-30 (b) The negotiation of an agreement;
7-31 (c) The resolution of any question arising
under an agreement; and
7-32 (d) The execution of a written contract
incorporating the provisions of
7-33 an agreement, if
requested by either party or required pursuant to
7-34 sections 4 to 50,
inclusive, of this act.
7-35 3. The
provisions of this section must not be construed to compel the
7-36 executive
department or an exclusive representative to agree to a
7-37 proposal or to
make a concession.
7-38 Sec. 26. 1. Except as otherwise provided in subsection 2,
the
7-39 following
subjects are not within the scope of collective bargaining or
7-40 supplemental
bargaining pursuant to sections 4 to 50, inclusive, of this
7-41 act and are
reserved to the executive department without negotiation:
7-42 (a) The right to hire, direct or assign an
employee, except the right to
7-43 reassign an
employee as a form of discipline;
7-44 (b) The right to determine the minimum
qualifications for a job or
7-45 position and the
nature and content of any examination offered to
7-46 applicants for
that job or position;
7-47 (c) The right to determine the content of the
workday, including,
7-48 without
limitation, the amount of work that must be performed, except
7-49 for
considerations of safety; and
8-1 (d) The right to take whatever action may be
necessary to carry out
8-2 the
responsibilities of the executive department in a situation of
8-3 emergency,
including, without limitation, a riot, military action, natural
8-4 disaster or civil
disorder.
8-5 2. The
executive department and an exclusive representative may
8-6 negotiate
concerning:
8-7 (a) The procedures that the executive
department will observe in
8-8 exercising the
authority reserved to it pursuant to this section; and
8-9 (b) The effect of the exercise of such
authority by the executive
8-10 department.
8-11 Sec. 27. 1. The board shall, by regulation, establish
bargaining
8-12 units on a
statewide basis, including, without limitation, the bargaining
8-13 units described
in subsection 2.
8-14 2. The
board shall establish one bargaining unit for each of the
8-15 occupational
groups described in this subsection, and each such
8-16 bargaining unit
must include all supervisory employees at the working
8-17 level of the
occupational group:
8-18 (a) Labor, maintenance, custodial and
institutional employees,
8-19 including,
without limitation, employees of penal and correctional
8-20 institutions who
are not responsible for security at those institutions.
8-21 (b) Administrative and clerical employees,
including, without
8-22 limitation,
paralegals and employees whose work involves general office
8-23 work, or keeping
or examining records and accounts.
8-24 (c) Technical aides to professional employees,
including, without
8-25 limitation,
computer programmers, tax examiners, conservation
8-26 employees and
crew supervisors.
8-27 (d) Professional employees, including, without
limitation, physical
8-28 therapists and
other employees in medical and other professions related
8-29 to health.
8-30 (e) Employees, other than professional
employees, who provide health
8-31 care and personal
care, including, without limitation, employees who
8-32 care for
children.
8-33 (f) Officers of the Nevada highway patrol who
hold the rank of
8-34 sergeant or
lower.
8-35 (g) Adult and youth correctional employees,
including, without
8-36 limitation,
classification case workers, group supervisors in correctional
8-37 institutions and
forensic specialists.
8-38 (h) Employees, other than officers of the
Nevada highway patrol and
8-39 adult and youth
correctional employees, who have the powers of a peace
8-40 officer and whose
work includes investigation, the enforcement of
8-41 statutes,
ordinances or regulations, or the preservation of public order,
8-42 including,
without limitation, all such employees of the public utilities
8-43 commission of
Nevada, the transportation services authority and the
8-44 taxicab
authority.
8-45 (i) Supervisory employees not otherwise
included in other bargaining
8-46 units.
8-47 3. This
section does not prohibit the board from including within an
8-48 occupational
group employees other than those specified for that group.
9-1 4. The
board shall, by regulation, establish the exact classifications
9-2 of employees
within each bargaining unit. The board may assign a new
9-3 classification to
a bargaining unit based upon the similarity of the new
9-4 classification to
other classifications within the bargaining unit.
9-5 5. The
board shall not change an established bargaining unit
9-6 arbitrarily.
9-7 6. As
used in this section:
9-8 (a) “Professional employee” means an employee
engaged in work
9-9 that:
9-10 (1) Is predominantly intellectual and varied
in character as opposed
9-11 to routine
mental, manual, mechanical or physical work;
9-12 (2) Involves the consistent exercise of
discretion and judgment in its
9-13 performance;
9-14 (3) Is of such a character that the result
accomplished or produced
9-15 cannot be
standardized in relation to a given period; and
9-16 (4) Requires advanced knowledge in a field
of science or learning
9-17 customarily
acquired through a prolonged course of specialized
9-18 intellectual
instruction and study in an institution of higher learning, as
9-19 distinguished
from general academic education, an apprenticeship or
9-20 training in the
performance of routine mental or physical processes.
9-21 (b) “Supervisory employee” means an employee
who has authority to:
9-22 (1) Hire, transfer, suspend, lay off,
recall, promote, discharge,
9-23 assign, reward or
discipline other employees, or who has the
9-24 responsibility to
direct such employees; or
9-25 (2) Adjust the grievances of other employees
or effectively
9-26 recommend such an
action, if the exercise of that authority requires the
9-27 use of
independent judgment and is not of a routine or clerical nature.
9-28 Sec. 28. 1. If no employee organization is designated as
the
9-29 exclusive representative
of a bargaining unit and an employee
9-30 organization
files with the board a list of its membership showing that
9-31 the employee
organization represents more than 50 percent of the
9-32 employees within
the bargaining unit, the board shall designate the
9-33 employee
organization as the exclusive representative of the bargaining
9-34 unit without
ordering an election.
9-35 2. If
the board, without ordering an election, designates an employee
9-36 organization as
the exclusive representative of a bargaining unit
9-37 pursuant to
subsection 1 of this section or paragraph (a) of subsection 2
9-38 of section 29 of
this act, the board shall:
9-39 (a) Without ordering an election, remove the
employee organization
9-40 as the exclusive
representative of the bargaining unit and designate
9-41 another employee
organization as the exclusive representative of the
9-42 bargaining unit
if, after June 30 and on or before December 31 of an
9-43 odd-numbered
year:
9-44 (1) Another employee organization files with
the board a list of its
9-45 membership
showing that it represents more than 50 percent of the
9-46 employees within
the bargaining unit; and
9-47 (2) The board has not ordered an election
pursuant to paragraph
9-48 (b) during that
period; or
10-1 (b) Order an election to be conducted pursuant
to section 30 of this
10-2 act if:
10-3 (1) After June 30 and on or before December
31 of an odd-
10-4 numbered year, a
group of employees within the bargaining unit files
10-5 with the board a
written request for an election which includes a list
10-6 showing that more
than 50 percent of the employees within the
10-7 bargaining unit
have requested that an election be conducted to change
10-8 or discontinue
representation;
10-9 (2) The board has not, during that period,
designated another
10-10 employee
organization as the exclusive representative of the bargaining
10-11 unit pursuant to
paragraph (a); and
10-12 (3) No other election to choose, change or
discontinue
10-13 representation
has been conducted within the bargaining unit during the
10-14 preceding 12
months.
10-15 Sec. 29. 1. If no employee organization is designated as
the
10-16 exclusive
representative of a bargaining unit, the board shall order an
10-17 election to be
conducted within the bargaining unit pursuant to section
10-18 30 of this act
if:
10-19 (a) An employee organization files with the
board a written request for
10-20 an election which
includes a list of its membership showing that it
10-21 represents at
least 30 percent but not more than 50 percent of the
10-22 employees within
the bargaining unit; and
10-23 (b) No other election to choose, change or
discontinue representation
10-24 has been
conducted within the bargaining unit during the preceding 12
10-25 months.
10-26 2. If
the board designates an employee organization as the exclusive
10-27 representative of
a bargaining unit based upon the results of an election
10-28 ordered pursuant
to subsection 1 of this section or paragraph (b) of
10-29 subsection 2 of
section 28 of this act, the board shall:
10-30 (a) Without ordering an election, remove the
employee organization
10-31 as the exclusive
representative of the bargaining unit and designate
10-32 another employee
organization as the exclusive representative of the
10-33 bargaining unit
if, after June 30 and on or before December 31 of an
10-34 odd-numbered
year:
10-35 (1) Another employee organization files with
the board a list of its
10-36 membership
showing that it represents more than 50 percent of the
10-37 employees within
the bargaining unit; and
10-38 (2) The board has not ordered an election
pursuant to paragraph
10-39 (b) during that
period; or
10-40 (b) Order an election to be conducted pursuant
to section 30 of this
10-41 act if:
10-42 (1) After June 30 and on or before December
31 of an odd-
10-43 numbered year:
10-44 (I) Another employee organization files
with the board a written
10-45 request for an
election which includes a list of its membership showing
10-46 that the employee
organization represents at least 30 percent but not
10-47 more than 50
percent of the employees within the bargaining unit; or
10-48 (II) A group of employees within the
bargaining unit files with
10-49 the board a
written request for an election which includes a list showing
11-1 that more than 50
percent of the employees within the bargaining unit
11-2 have requested
that an election be conducted to change or discontinue
11-3 representation;
11-4 (2) The board has not, during that period,
designated another
11-5 employee
organization as the exclusive representative of the bargaining
11-6 unit pursuant to
paragraph (a); and
11-7 (3) No other election to choose, change or
discontinue
11-8 representation
has been conducted within the bargaining unit during the
11-9 preceding 12
months.
11-10 Sec. 30. 1. If the board orders an election within a
bargaining unit
11-11 pursuant to
section 28 or 29 of this act, the board shall order that each of
11-12 the following be
placed as a choice on the ballot for the election:
11-13 (a) If applicable, the employee organization
that requested the election
11-14 pursuant to
section 29 of this act and the employee organization that is
11-15 presently
designated as the exclusive representative of the bargaining
11-16 unit pursuant to
section 28 or 29 of this act;
11-17 (b) Any other employee organization that, on or
before the date that is
11-18 prescribed by the
regulations adopted by the board, files with the board a
11-19 written request
to be placed on the ballot for the election and includes
11-20 with the written
request a list of its membership showing that the
11-21 employee
organization represents at least 20 percent of the employees
11-22 within the
bargaining unit; and
11-23 (c) A choice for “no representation.”
11-24 2. If a
ballot for an election contains more than two choices and
11-25 none of the
choices on the ballot receives a majority of the votes cast at
11-26 the initial
election, the board shall order a runoff election between the
11-27 two choices on
the ballot that received the highest number of votes at the
11-28 initial election.
11-29 3. If
the choice for “no representation” receives a majority of the
11-30 votes cast at the
initial election or at any runoff election, the board shall
11-31 designate the
bargaining unit as being without representation.
11-32 4. If
an employee organization receives a majority of the votes cast at
11-33 the initial
election or at any runoff election, the board shall designate the
11-34 employee
organization as the exclusive representative of the bargaining
11-35 unit.
11-36 Sec. 31. 1. The board shall preside over all elections
that are
11-37 conducted
pursuant to sections 4 to 50, inclusive, of this act and shall
11-38 determine the
eligibility requirements for employees to vote in any such
11-39 election.
11-40 2. An
employee organization that is placed as a choice on the ballot
11-41 for an election
or any employee who is eligible to vote at an election may
11-42 file with the
board a written objection to the results of the election. The
11-43 objection must be
filed not later than 10 days after the date on which the
11-44 notice of the
results of the election is given by the board.
11-45
3. In
response to a written objection filed pursuant to subsection 2 or
11-46 upon its own
motion, the board may invalidate the results of an election
11-47 and order a new
election if the board finds that any conduct or
11-48 circumstance
raises substantial doubt that the results of the election are
11-49 reliable.
12-1 Sec. 32. 1. The board may designate an employee
organization as
12-2 the exclusive
representative of more than one bargaining unit if the
12-3 employee
organization meets the requirements set forth in section 28 or
12-4 29 of this act to
be designated as the exclusive representative of each
12-5 such bargaining
unit separately.
12-6 2. If
the board designates an employee organization as the exclusive
12-7 representative of
a bargaining unit pursuant to sections 4 to 50,
12-8 inclusive, of
this act:
12-9 (a) The employee organization shall be deemed
to:
12-10 (1) Be a party to any collective bargaining
agreement or
12-11 supplemental
bargaining agreement then in effect between the executive
12-12 department and
the bargaining unit; and
12-13 (2) Assume all the rights and privileges of
the previous exclusive
12-14 representative
under any such agreement, but the employee organization
12-15 shall not be deemed
to assume any costs or liabilities incurred by the
12-16 previous
exclusive representative for acts that occurred while the
12-17 previous
exclusive representative served in that capacity; and
12-18 (b) An officer of the executive department may
not, pursuant to NRS
12-19 281.129, withhold
any amount of money from the salary or wages of an
12-20 employee within
the bargaining unit to pay dues or similar fees to an
12-21 employee
organization other than the employee organization that is the
12-22 exclusive
representative of the bargaining unit.
12-23 Sec. 33. 1. Except as otherwise provided in subsection 2,
an
12-24 exclusive
representative shall:
12-25 (a) Act as the agent and exclusive
representative of all employees
12-26 within each
bargaining unit that it represents;
12-27 (b) Meet with the executive department at
reasonable times, including,
12-28 without
limitation, meeting with the executive department reasonably in
12-29 advance of its
budget-making process; and
12-30 (c) In good faith and on behalf of each
bargaining unit that it
12-31 represents,
individually or collectively, negotiate with the executive
12-32 department
concerning the terms and conditions of employment for the
12-33 employees within
each bargaining unit that it represents, including,
12-34 without limitation,
any terms and conditions of employment that are
12-35 within the scope
of supplemental bargaining pursuant to section 45 of
12-36 this act.
12-37 2. If
an employee is within a bargaining unit that has an exclusive
12-38 representative,
the employee has the right to present grievances to the
12-39 executive
department at any time and to have those grievances adjusted
12-40 without the
intervention of the exclusive representative if:
12-41 (a) The exclusive representative is given an
opportunity to be present
12-42 at any meetings
or hearings related to the adjustment of the grievance;
12-43 and
12-44 (b) The adjustment of the grievance is not
inconsistent with the
12-45 provisions of the
collective bargaining agreement or any supplemental
12-46 bargaining
agreement then in effect.
12-47 Sec. 34. The governor or a
person designated by the governor shall,
12-48 in good faith and
on behalf of the executive department, negotiate with
12-49 the exclusive
representative of each bargaining unit concerning the
13-1 terms and
conditions of employment for the employees within the
13-2 bargaining unit,
including, without limitation, any terms and conditions
13-3 of employment
that are within the scope of supplemental bargaining
13-4 pursuant to
section 45 of this act.
13-5 Sec. 35. 1. The governor shall sign and enforce any
collective
13-6 bargaining
agreement reached by the executive department and an
13-7 exclusive
representative on behalf of the employees within a bargaining
13-8 unit that it
represents.
13-9 2. Each
collective bargaining agreement must be in writing, must not
13-10 authorize any
conduct that would violate the provisions of NRS 288.230
13-11 to 288.260,
inclusive, and must include, without limitation:
13-12 (a) A procedure to resolve grievances which
applies to all employees
13-13 in the bargaining
unit and which culminates in final and binding
13-14 arbitration; and
13-15 (b) A provision which provides that an officer
of the executive
13-16 department may,
upon written authorization by an employee within the
13-17 bargaining unit,
withhold a sufficient amount of money from the salary
13-18 or wages of the
employee pursuant to NRS 281.129 to pay dues or similar
13-19 fees to the
exclusive representative of the bargaining unit.
13-20 Sec. 36. In each even-numbered
year, the executive department and
13-21 an exclusive
representative shall begin negotiations concerning a
13-22 collective
bargaining agreement not sooner than January 1 of the even-
13-23 numbered year and
not later than:
13-24 1. March
15 of the even-numbered year or any later date in that year
13-25 which is set by
agreement of the parties, if the exclusive representative is
13-26 designated by the
board as the exclusive representative of the bargaining
13-27 unit on or before
March 1 of the same even-numbered year; or
13-28 2. July
15 of the even-numbered year or any later date in that year
13-29 which is set by
agreement of the parties, if the exclusive representative is
13-30 designated by the
board as the exclusive representative of the bargaining
13-31 unit after March
1 of the same even-numbered year.
13-32 Sec. 37. 1. If the parties do not reach a collective
bargaining
13-33 agreement through
negotiation on or before July 31 of the even-
13-34 numbered year or
any later date in that year which is set by agreement of
13-35 the parties, the
board shall appoint a mediator.
13-36 2. The
mediator shall bring the parties together as soon as possible
13-37 and shall attempt
to settle each issue in dispute on or before August 15 of
13-38 the even-numbered
year or any later date in that year which is set by the
13-39 mediator or by
agreement of the parties.
13-40 3. The
mediator and the parties shall apply and follow the
13-41 procedures for
mediation that are prescribed by the regulations adopted
13-42 by the board.
During mediation, the parties retain their respective duties
13-43 to negotiate in
good faith.
13-44 4. The
executive department and the exclusive representative shall
13-45 each pay one-half
of the cost of mediation.
13-46 Sec. 38. 1. If the mediator determines that his services
are no
13-47 longer helpful or
if the parties do not reach a collective bargaining
13-48 agreement through
mediation on or before August 15 of the even-
13-49 numbered year or
any later date in that year which is set by the mediator
14-1 or by agreement
of the parties pursuant to section 37 of this act, the
14-2 mediator shall
discontinue meditation and the parties shall attempt to
14-3 agree upon an
impartial arbitrator.
14-4 2. If
the parties do not agree upon an impartial arbitrator within 5
14-5 days after the
date that mediation is discontinued pursuant to subsection
14-6 1 or on or before
any later date in that year which is set by agreement of
14-7 the parties, the
parties shall request from the American Arbitration
14-8 Association a
list of seven potential arbitrators. The parties shall select
14-9 an arbitrator
from this list by alternately striking one name until the
14-10 name of only one
arbitrator remains, and that arbitrator must hear the
14-11 dispute in
question. The exclusive representative shall strike the first
14-12 name.
14-13 3. The
arbitrator shall begin arbitration proceedings on or before
14-14 September 15 of
the even-numbered year or any later date in that year
14-15 which is set by
agreement of the parties.
14-16 4. The
arbitrator and the parties shall apply and follow the
14-17 procedures for
arbitration that are prescribed by the regulations adopted
14-18 by the board.
During arbitration, the parties retain their respective duties
14-19 to negotiate in
good faith.
14-20 5. The
arbitrator may administer oaths or affirmations, take
14-21 testimony and
issue and seek enforcement of subpoenas in the same
14-22 manner as the
board pursuant to sections 23 and 24 of this act and,
14-23 except as
otherwise provided in subsection 6, the provisions of sections
14-24 23 and 24 of this
act apply to subpoenas issued by the arbitrator.
14-25 6. The
executive department and the exclusive representative shall
14-26 each pay one-half
of the cost of arbitration, including, without limitation,
14-27 the fees and
mileage and any per diem allowance that a person is entitled
14-28 to receive pursuant
to subsections 2 and 3 of section 24 of this act for
14-29 appearing before
the arbitrator pursuant to a subpoena. The provisions
14-30 of subsections 4
and 5 of section 24 of this act do not apply to a subpoena
14-31 issued by the
arbitrator.
14-32 Sec. 39. 1. For each separate issue that is in dispute,
the arbitrator
14-33 shall incorporate
either the final offer of the executive department or the
14-34 final offer of
the exclusive representative into the decision of the
14-35 arbitrator. The
arbitrator shall not revise or amend the final offer of
14-36 either party on
any issue.
14-37 2. To
determine which final offers to incorporate into his decision,
14-38 the arbitrator
shall assess the reasonableness of:
14-39 (a) The position of each party as to each issue
in dispute; and
14-40 (b) The contractual terms and provisions
contained in each final
14-41 offer.
14-42 3. In
assessing reasonableness pursuant to subsection 2, the
14-43 arbitrator shall:
14-44 (a) Compare the terms and conditions of
employment for the
14-45 employees within
the bargaining unit with the terms and conditions of
14-46 employment for
other employees performing similar services and for
14-47 other employees
generally:
14-48 (1) In public employment in comparable
communities; and
14-49 (2) In private employment in comparable
communities; and
15-1 (b) Consider, without limitation:
15-2 (1) The average consumer prices for goods
and services; and
15-3 (2) Such other factors as are normally or
traditionally used as part
15-4 of collective
bargaining, mediation, arbitration or other methods of
15-5 dispute
resolution to determine the terms and conditions of employment
15-6 for employees in
public or private employment.
15-7 4. The
arbitrator shall render a written decision on or before October
15-8 15 of the
even-numbered year or on or before any later date which is set
15-9 by agreement of
the parties and which is not later than December 31 of
15-10 the even-numbered
year.
15-11 5. Except
as otherwise provided in sections 40, 43, 44 and 50 of this
15-12 act, each
provision that is included in a decision of the arbitrator is final
15-13 and binding upon
the parties if the decision of the arbitrator concerning
15-14 the provision is
supported by competent, material and substantial
15-15 evidence on the
whole record and is based upon the factors set forth in
15-16 this section.
15-17 Sec. 40. 1. Except as otherwise provided in this section,
after an
15-18 arbitrator renders
a decision pursuant to section 39 of this act, the parties
15-19 may agree to open
or reopen negotiations concerning any terms and
15-20 conditions of
employment, whether or not such terms and conditions of
15-21 employment were
included in the decision of the arbitrator, and may
15-22 agree to revise
or amend the decision of the arbitrator.
15-23 2. The
provisions of any agreement by the parties to revise or amend
15-24 the decision of
the arbitrator must be in writing.
15-25 3. If
the parties reach an agreement to revise or amend the decision
15-26 of the arbitrator
before the date on which the decision of the arbitrator
15-27 must be submitted
to the governor and the chief of the budget division
15-28 pursuant to
section 41 of this act, the provisions of that agreement:
15-29 (a) Shall be deemed to be incorporated into the
decision of the
15-30 arbitrator; and
15-31 (b) Must be given effect over any conflicting
provision in the decision
15-32 of the
arbitrator.
15-33 4. If
the parties do not reach an agreement to revise or amend the
15-34 decision of the
arbitrator before the date on which the decision of the
15-35 arbitrator must
be submitted to the governor and the chief of the budget
15-36 division pursuant
to section 41 of this act, the parties shall submit the
15-37 decision of the
arbitrator to the governor and the chief of the budget
15-38 division without
revision or amendment.
15-39 Sec. 41. 1. On or before December 31 of the even-numbered
year
15-40 in which
negotiations began, the parties shall submit to the governor and
15-41 the chief of the
budget division:
15-42 (a) If arbitration was not required, the
collective bargaining
15-43 agreement reached
by the parties through negotiation; or
15-44 (b) If arbitration was required, the decision
of the arbitrator without
15-45 revision or
amendment or, if applicable, as revised or amended by the
15-46 parties pursuant
to section 40 of this act. If so submitted, the decision of
15-47 the arbitrator
without revision or amendment or, if applicable, as revised
15-48 or amended, shall
be deemed to be the collective bargaining agreement
15-49 between the
parties.
16-1 2. In
the proposed executive budget which is prepared by the chief of
16-2 the budget
division pursuant to NRS 353.230 and which is submitted to
16-3 the legislature
pursuant to section 2 of article 4 of the constitution of this
16-4 state, the chief
of the budget division and the governor shall include
16-5 requests for
appropriations from the legislature in amounts that are
16-6 sufficient to
give effect to each provision of the collective bargaining
16-7 agreement that
requires such an appropriation.
16-8 Sec. 42. 1. If a provision of a collective bargaining
agreement does
16-9 not require an
appropriation from the legislature to be given effect, the
16-10 provision:
16-11 (a) Becomes effective on July 1 of the
odd-numbered year following
16-12 the even-numbered
year in which negotiations began, whether or not the
16-13 legislature makes
any appropriation in a regular or special session to
16-14 give effect to
any other provision of the collective bargaining agreement;
16-15 and
16-16 (b) Expires on June 30 of the next odd-numbered
year.
16-17 2. Except
as otherwise provided in sections 43 and 44 of this act, if a
16-18 provision of the
collective bargaining agreement requires an
16-19 appropriation
from the legislature to be given effect, the provision:
16-20 (a) Becomes effective on July 1 of the
odd-numbered year following
16-21 the even-numbered
year in which negotiations began only if the
16-22 legislature, at a
regular session or any special session that commences
16-23
before that date,
makes an appropriation that is sufficient to give effect to
16-24 the provision;
and
16-25 (b) Expires on June 30 of the next odd-numbered
year.
16-26 Sec. 43. 1. During the regular session or any special
session of the
16-27 legislature that
commences before July 1 of the odd-numbered year
16-28 following the
even-numbered year in which negotiations began, the
16-29 parties may
agree, in writing, to revise or amend any provision of the
16-30 collective
bargaining agreement that requires an appropriation from the
16-31 legislature to be
given effect.
16-32 2. If
the parties reach such an agreement, the parties shall submit
16-33 the agreement to
the legislative counsel with sufficiently detailed
16-34 information to
enable the legislative counsel to prepare any necessary
16-35 legislative
measures.
16-36 3. If
the legislature, in a bill passed at the regular or special session,
16-37 expressly
approves the provision as revised or amended and makes an
16-38 appropriation
that is sufficient to give effect to the provision as revised or
16-39 amended, the
provision as revised or amended becomes effective and
16-40 expires at the
same time as other provisions in the collective bargaining
16-41 agreement.
16-42 Sec. 44. 1. At any time after the legislature makes an
16-43 appropriation
that is sufficient to give effect to a provision in a collective
16-44 bargaining
agreement, whether or not the provision has become
16-45 effective, the
legislature may, in a bill or concurrent resolution passed at
16-46 a regular or
special session, suspend the operation of the provision in
16-47 whole or in part
and for all or for some of its unexpired term.
16-48 2. If a
provision is suspended pursuant to subsection 1, the parties
16-49 may agree, in
writing during the regular or special session, to revise or
17-1 amend the
suspended provision or any other provision of the collective
17-2 bargaining
agreement for which an appropriation has been made by the
17-3 legislature,
whether or not such a provision has been suspended.
17-4 3. If
the parties reach such an agreement, the parties shall submit
17-5 the agreement to
the legislative counsel with sufficiently detailed
17-6 information to
enable the legislative counsel to prepare any necessary
17-7 legislative
measures.
17-8 4. If
the legislature, in a bill passed at the regular or special session,
17-9 expressly
approves the provision as revised or amended and makes an
17-10 appropriation
that is sufficient to give effect to the provision as revised or
17-11 amended, the
provision as revised or amended becomes effective on the
17-12 date set in the
bill and expires at the same time as other provisions in the
17-13 collective
bargaining agreement.
17-14 Sec. 45. 1. Except as otherwise provided in this section,
if any
17-15 provision of a
collective bargaining agreement is in effect between the
17-16 executive
department and a bargaining unit pursuant to sections 42, 43
17-17 and 44 of this
act, the executive department and the exclusive
17-18 representative of
the bargaining unit may engage in supplemental
17-19 bargaining
concerning any terms and conditions of employment which
17-20 are peculiar to
or which uniquely affect fewer than all the employees
17-21 within the
bargaining unit if such supplemental terms and conditions of
17-22 employment:
17-23 (a) Are not included in any provision of the
collective bargaining
17-24 agreement then in
effect between the executive department and the
17-25 bargaining unit;
and
17-26 (b) Do not require an appropriation from the
legislature to be given
17-27 effect.
17-28 2. The
executive department and an exclusive representative may
17-29 engage in
supplemental bargaining pursuant to subsection 1 for fewer
17-30 than all the
employees within two or more bargaining units that the
17-31 exclusive
representative represents if the requirements of subsection 1
17-32 are met for each
such bargaining unit.
17-33 3. If
the parties reach a supplemental bargaining agreement
17-34 pursuant to this
section, the provisions of the supplemental bargaining
17-35 agreement:
17-36 (a) Must be in writing; and
17-37 (b) Shall be deemed to be incorporated into the
provisions of each
17-38 collective
bargaining agreement then in effect between the executive
17-39 department and
the employees who are subject to the supplemental
17-40 bargaining
agreement if the provisions of the supplemental bargaining
17-41 agreement do not
conflict with the provisions of the collective bargaining
17-42 agreement.
17-43 4. If
any provision of the supplemental bargaining agreement
17-44 conflicts with
any provision of the collective bargaining agreement, the
17-45 provision of the
supplemental bargaining agreement is void and the
17-46 provision of the
collective bargaining agreement must be given effect.
17-47 5. The
provisions of the supplemental bargaining agreement expire
17-48 at the same time
as the other provisions of the collective bargaining
17-49 agreement into
which they are incorporated.
18-1 6. The
executive department and an exclusive representative may not
18-2 engage in
supplemental bargaining pursuant to this section:
18-3 (a) In an even-numbered year, on or after the
date on which the
18-4 executive
department and the exclusive representative begin negotiations
18-5 pursuant to section
36 of this act concerning a collective bargaining
18-6 agreement; and
18-7 (b) In the following odd-numbered year, before
July 1.
18-8 7. The
executive department and an exclusive representative may,
18-9 during collective
bargaining conducted pursuant to sections 36 to 44,
18-10 inclusive, of
this act, negotiate and include in a collective bargaining
18-11 agreement any
terms and conditions of employment that would otherwise
18-12 be within the
scope of supplemental bargaining conducted pursuant to
18-13 this section.
18-14 Sec. 46. 1. Except as otherwise provided in NRS 284.013:
18-15 (a) If any provision of a collective bargaining
agreement conflicts
18-16 with any
provision of NRS or a special act, the provision of the collective
18-17 bargaining
agreement is void and must not be given effect, unless the
18-18 legislature
expressly acknowledges the conflict and approves the
18-19 provision of the
collective bargaining agreement in a bill or concurrent
18-20 resolution passed
at a regular or special session; and
18-21 (b) If any provision of a supplemental
bargaining agreement conflicts
18-22 with any
provision of NRS or a special act, the provision of the
18-23 supplemental
bargaining agreement is void and must not be given effect.
18-24 2. If
any provision of a collective bargaining agreement or
18-25 supplemental
bargaining agreement conflicts with any rule or regulation
18-26 adopted by an
employer, the provision of the collective bargaining
18-27 agreement or
supplemental bargaining agreement prevails and must be
18-28 given effect.
18-29 3. The
provisions of a collective bargaining agreement or
18-30 supplemental
bargaining agreement are severable. If any provision of a
18-31 collective
bargaining agreement or supplemental bargaining agreement
18-32 is invalidated on
its face or as applied, such invalidity does not affect the
18-33 other provisions
of the agreement or the application of those provisions if
18-34 such other
provisions can be given effect without the invalidated
18-35 provision.
18-36 Sec. 47. 1. It is a prohibited practice for the executive
department
18-37 or its designated
representative willfully to:
18-38 (a) Refuse to engage in collective bargaining
or otherwise fail to
18-39 bargain in good
faith with an exclusive representative, including, without
18-40 limitation,
refusing to engage in mediation or arbitration.
18-41 (b) Interfere with, restrain or coerce an
employee in the exercise of
18-42 any right
guaranteed pursuant to sections 4 to 50, inclusive, of this act.
18-43 (c) Dominate, interfere with or assist in the
formation or
18-44 administration of
an employee organization.
18-45 (d) Discriminate in regard to hiring, tenure or
any terms and
18-46 conditions of
employment to encourage or discourage membership in an
18-47 employee organization.
18-48 (e) Discharge or otherwise discriminate against
an employee because
18-49 the employee has:
19-1 (1) Signed or filed an affidavit, petition
or complaint or has
19-2 provided any
information or given any testimony pursuant to sections 4
19-3 to 50, inclusive,
of this act; or
19-4 (2) Formed, joined or chosen to be
represented by an employee
19-5 organization.
19-6 (f) Discriminate because of race, color,
religion, sex, age, disability,
19-7 national origin,
or political or personal reasons or affiliations.
19-8 (g) Deny rights accompanying a designation as
an exclusive
19-9 representative.
19-10 2. It
is a prohibited practice for an employee organization or its
19-11 designated agent
willfully to:
19-12 (a) When acting as an exclusive representative,
refuse to engage in
19-13 collective
bargaining or otherwise fail to bargain in good faith with the
19-14 executive
department, including, without limitation, refusing to engage
19-15 in mediation or
arbitration.
19-16 (b) Interfere with, restrain or coerce an
employee in the exercise of
19-17 any right
guaranteed pursuant to sections 4 to 50, inclusive, of this act.
19-18 (c) Discriminate because of race, color,
religion, sex, age, disability,
19-19 national origin, or
political or personal reasons or affiliations.
19-20 Sec. 48. 1. To establish that a party has committed a
prohibited
19-21 practice in
violation of section 47 of this act, the party aggrieved by the
19-22 practice must
file a complaint with the board and must prove the
19-23 allegations
contained in the complaint at a hearing conducted in
19-24 accordance with:
19-25 (a) The provisions of chapter 233B of NRS that
apply to a contested
19-26 case; and
19-27 (b) The regulations adopted by the board.
19-28 2. If
the board finds that the party accused in the complaint has
19-29 committed a
prohibited practice, the board:
19-30 (a) Shall order the party to cease and desist
from engaging in the
19-31 prohibited
practice; and
19-32 (b) May order any other affirmative relief that
is necessary to remedy
19-33 the prohibited
practice.
19-34 3. The
board may petition the district court for enforcement of its
19-35 orders.
19-36 4. Any
order or decision issued by the board pursuant to this section
19-37 concerning the
merits of a complaint is a final decision in a contested
19-38 case and may be
appealed pursuant to the provisions of chapter 233B of
19-39 NRS that apply to
a contested case, except that a party aggrieved by the
19-40 order or decision
of the board must file a petition for judicial review not
19-41 later than 10
days after being served with the order or decision of the
19-42 board.
19-43 Sec. 49. 1. Except as otherwise provided by specific
statute, an
19-44 employee
organization and the executive department may sue or be sued
19-45 as an entity
pursuant to sections 4 to 50, inclusive, of this act.
19-46 2. If
any action or proceeding is brought by or against an employee
19-47 organization
pursuant to sections 4 to 50, inclusive, of this act, the
19-48 district court
for the county in which the employee organization
19-49 maintains its
principal office or the county in which the claim arose has
20-1 jurisdiction over
any claim brought pursuant to sections 4 to 50,
20-2 inclusive, of
this act.
20-3 3. A
natural person and his assets are not subject to liability for any
20-4 judgment awarded
pursuant to sections 4 to 50, inclusive, of this act
20-5 against the
executive department or an employee organization.
20-6 Sec. 50. 1. Except as otherwise provided in this section,
a party
20-7 may seek judicial
review in the district court of the decision of an
20-8 arbitrator made
pursuant to section 39 of this act based upon
20-9 jurisdictional
grounds or upon the grounds that the decision:
20-10
(a) Was procured by fraud, collusion or other
similar unlawful
20-11 means; or
20-12 (b) Was not supported by competent, material
and substantial
20-13 evidence on the
whole record and based upon the factors set forth in
20-14 section 39 of
this act.
20-15 2. If a
party seeks judicial review pursuant to this section, the district
20-16 court may stay
the contested portion of the decision of the arbitrator until
20-17 the court rules
on the matter.
20-18 3. The
district court may affirm or reverse the contested portion of
20-19 the decision of
the arbitrator, in whole or in part, but the court may not
20-20 remand the matter
to the arbitrator or require any additional factfinding
20-21 or decision
making by the arbitrator.
20-22 4. If the
district court reverses any part of the contested portion of
20-23 the decision of
the arbitrator, the court shall enter an order invalidating
20-24 that part of the
decision of the arbitrator, and that part of the decision of
20-25 the arbitrator is
void and must not be given effect.
20-26 5. A
party may not seek judicial review of the decision of the
20-27 arbitrator
pursuant to this section:
20-28 (a) In the same even-numbered year in which the
decision of the
20-29 arbitrator was
made; and
20-30 (b) In the following odd-numbered year, before
July 1.
20-31 Sec. 51. NRS
288.020 is hereby amended to read as follows:
20-32 288.020 As
used in [this chapter,] NRS 288.020 to 288.280, inclusive,
20-33 unless
the context otherwise requires, the words and terms defined in NRS
20-34 288.025
to 288.075, inclusive, have the meanings ascribed to them in those
20-35 sections.
20-36 Sec. 52. NRS
288.110 is hereby amended to read as follows:
20-37 288.110 1. The board may make rules governing:
20-38 (a) Proceedings before it;
20-39 (b) Procedures for factfinding;
20-40 (c) The recognition of employee organizations;
and
20-41 (d) The determination of bargaining units.
20-42 2. The
board may hear and determine any complaint arising out of the
20-43 interpretation
of, or performance under, the provisions of [this chapter]
20-44 NRS 288.020 to 288.280, inclusive, by any local government employer,
20-45 local
government employee or employee organization. The board shall
20-46 conduct
a hearing within 90 days after it decides to hear a complaint. The
20-47 board,
after a hearing, if it finds that the complaint is well taken, may order
20-48 any
person to refrain from the action complained of or to restore to the
20-49 party
aggrieved any benefit of which he has been deprived by that action.
21-1 The
board shall issue its decision within 120 days after the hearing on the
21-2 complaint
is completed.
21-3 3. Any
party aggrieved by the failure of any person to obey an order of
21-4 the
board issued pursuant to subsection 2, or the board at the request of
21-5 such
a party, may apply to a court of competent jurisdiction for a
21-6 prohibitory
or mandatory injunction to enforce the order.
21-7 4. The
board may not consider any complaint or appeal filed more than
21-8 6
months after the occurrence which is the subject of the complaint or
21-9 appeal.
21-10 5. The
board may decide without a hearing a contested matter:
21-11 (a) In which all of the legal issues have been
previously decided by the
21-12 board,
if it adopts its previous decision or decisions as precedent; or
21-13 (b) Upon agreement of all the parties.
21-14 6. The
board may award reasonable costs, which may include
21-15 attorneys’
fees, to the prevailing party.
21-16 Sec. 53. NRS
288.120 is hereby amended to read as follows:
21-17 288.120 1. For the purpose of hearing and deciding
appeals or
21-18 complaints,
the board may issue subpoenas requiring the attendance of
21-19 witnesses
before it, together with all books, memoranda, papers and other
21-20 documents
relative to the matters under investigation, administer oaths and
21-21 take
testimony thereunder.
21-22 2. The
district court in and for the county in which any hearing is
21-23 being
conducted by the board may compel the attendance of witnesses, the
21-24 giving
of testimony and the production of books and papers as required by
21-25 any
subpoena issued by the board.
21-26 3. In
case of the refusal of any witness to attend or testify or produce
21-27 any
papers required by such subpoena, the board may report to the district
21-28 court
in and for the county in which the hearing is pending by petition,
21-29 setting
forth:
21-30 (a) That due notice has been given of the time
and place of attendance
21-31 of
the witness or the production of the books and papers;
21-32 (b) That the witness has been subpoenaed in the
manner prescribed in
21-33 [this chapter;] NRS 288.020 to
288.280, inclusive; and
21-34 (c) That the witness has failed and refused to
attend or produce the
21-35 papers
required by subpoena before the board in the hearing named in the
21-36 subpoena,
or has refused to answer questions propounded to him in the
21-37 course
of such hearing,
21-38 and
asking an order of the court compelling the witness to attend and
21-39 testify
or produce the books or papers before the board.
21-40 4. The
court, upon petition of the board, shall enter an order directing
21-41 the
witness to appear before the court at a time and place to be fixed by the
21-42 court
in such order, the time to be not more than 10 days from the date of
21-43 the
order, and then and there show cause why he has not attended or
21-44 testified
or produced the books or papers before the board. A certified copy
21-45 of
the order shall be served upon the witness. If it appears to the court that
21-46 the
subpoena was regularly issued by the board, the court shall thereupon
21-47 enter
an order that the witness appear before the board at the time and place
21-48 fixed
in the order and testify or produce the required books or papers, and
22-1 upon
failure to obey the order the witness shall be dealt with as for
22-2 contempt
of court.
22-3 Sec. 54. NRS
288.140 is hereby amended to read as follows:
22-4 288.140 1. It is the right of every local government
employee,
22-5 subject
to the limitation provided in subsection 3, to join any employee
22-6 organization
of his choice or to refrain from joining any employee
22-7 organization.
A local government employer shall not discriminate in any
22-8 way
among its employees on account of membership or nonmembership in
22-9 an
employee organization.
22-10 2. The
recognition of an employee organization for negotiation,
22-11 pursuant
to [this chapter,] NRS 288.020 to 288.280, inclusive, does not
22-12 preclude
any local government employee who is not a member of that
22-13 employee
organization from acting for himself with respect to any
22-14 condition
of his employment, but any action taken on a request or in
22-15 adjustment
of a grievance shall be consistent with the terms of an
22-16 applicable
negotiated agreement, if any.
22-17 3. A
police officer, sheriff, deputy sheriff or other law enforcement
22-18 officer
may be a member of an employee organization only if such
22-19 employee
organization is composed exclusively of law enforcement
22-20 officers.
22-21 Sec. 55. NRS
288.150 is hereby amended to read as follows:
22-22 288.150 1. Except as provided in subsection 4, every
local
22-23 government
employer shall negotiate in good faith through one or more
22-24 representatives
of its own choosing concerning the mandatory subjects of
22-25 bargaining
set forth in subsection 2 with the designated representatives of
22-26 the
recognized employee organization, if any, for each appropriate
22-27 bargaining
unit among its employees. If either party so requests,
22-28 agreements
reached must be reduced to writing.
22-29 2. The
scope of mandatory bargaining is limited to:
22-30 (a) Salary or wage rates or other forms of
direct monetary
22-31 compensation.
22-32 (b) Sick leave.
22-33 (c) Vacation leave.
22-34 (d) Holidays.
22-35 (e) Other paid or nonpaid leaves of absence.
22-36 (f) Insurance benefits.
22-37 (g) Total hours of work required of an employee
on each workday or
22-38 work
week.
22-39 (h) Total number of days’ work required of an
employee in a work year.
22-40 (i) Discharge and disciplinary procedures.
22-41 (j) Recognition clause.
22-42 (k) The method used to classify employees in
the bargaining unit.
22-43 (l) Deduction of dues for the recognized
employee organization.
22-44 (m) Protection of employees in the bargaining
unit from discrimination
22-45 because
of participation in recognized employee organizations consistent
22-46 with
the provisions of [this chapter.] NRS 288.020 to 288.280, inclusive.
22-47 (n) No-strike provisions consistent with the
provisions of [this chapter.]
22-48 NRS 288.020 to 288.280, inclusive.
23-1 (o) Grievance and arbitration procedures for
resolution of disputes
23-2 relating
to interpretation or application of collective bargaining
23-3 agreements.
23-4 (p) General savings clauses.
23-5 (q) Duration of collective bargaining
agreements.
23-6 (r) Safety of the employee.
23-7 (s) Teacher preparation time.
23-8 (t) Materials and supplies for classrooms.
23-9 (u) The policies for the transfer and
reassignment of teachers.
23-10 (v) Procedures for reduction in work force.
23-11 3. Those
subject matters which are not within the scope of mandatory
23-12 bargaining
and which are reserved to the local government employer
23-13 without
negotiation include:
23-14 (a) Except as otherwise provided in paragraph
(u) of subsection 2, the
23-15 right
to hire, direct, assign or transfer an employee, but excluding the right
23-16 to
assign or transfer an employee as a form of discipline.
23-17 (b) The right to reduce in force or lay off any
employee because of lack
23-18 of
work or lack of money, subject to paragraph (v) of subsection 2.
23-19 (c) The right to determine:
23-20 (1) Appropriate staffing levels and work
performance standards,
23-21 except
for safety considerations;
23-22 (2) The content of the workday, including , without limitation , work
23-23 load
factors, except for safety considerations;
23-24 (3) The quality and quantity of services to
be offered to the public;
23-25 and
23-26 (4) The means and methods of offering those
services.
23-27 (d) Safety of the public.
23-28 4. Notwithstanding
the provisions of any collective bargaining
23-29 agreement
negotiated pursuant to [this chapter,] NRS 288.020 to 288.280,
23-30 inclusive, a
local government employer is entitled to take whatever actions
23-31 may
be necessary to carry out its responsibilities in situations of emergency
23-32 such
as a riot, military action, natural disaster or civil disorder. Those
23-33 actions
may include the suspension of any collective bargaining agreement
23-34 for
the duration of the emergency. Any action taken under the provisions of
23-35 this
subsection must not be construed as a failure to negotiate in good faith.
23-36 5. The
provisions of [this chapter,] NRS 288.020 to 288.280, inclusive,
23-37 including , without limitation , the provisions of this
section, recognize and
23-38 declare
the ultimate right and responsibility of the local government
23-39 employer
to manage its operation in the most efficient manner consistent
23-40 with
the best interests of all its citizens, its taxpayers and its employees.
23-41 6. This
section does not preclude, but [this
chapter] NRS 288.020 to
23-42 288.280, inclusive, does not require the local government employer to
23-43 negotiate
subject matters enumerated in subsection 3 which are outside the
23-44 scope
of mandatory bargaining. The local government employer shall
23-45 discuss
subject matters outside the scope of mandatory bargaining but it is
23-46 not
required to negotiate those matters.
23-47 7. Contract
provisions presently existing in signed and ratified
23-48 agreements
as of May 15, 1975, at 12 p.m. remain negotiable.
24-1 Sec. 56. NRS
288.155 is hereby amended to read as follows:
24-2 288.155 Agreements
entered into between local government
24-3 employers
and employee organizations pursuant to [this
chapter] NRS
24-4 288.020 to 288.280, inclusive, may extend beyond the term of office of any
24-5 member
or officer of the local government employer.
24-6 Sec. 57. NRS
288.180 is hereby amended to read as follows:
24-7 288.180 1. Whenever an employee organization desires to
negotiate
24-8 concerning
any matter which is subject to negotiation pursuant to [this
24-9 chapter,] NRS 288.020 to
288.280, inclusive, it shall give written
notice of
24-10 that
desire to the local government employer. If the subject of negotiation
24-11 requires
the budgeting of money by the local government employer, the
24-12 employee
organization shall give notice on or before February 1.
24-13 2. Following
the notification provided for in subsection 1, the
24-14 employee
organization or the local government employer may request
24-15 reasonable
information concerning any subject matter included in the scope
24-16 of
mandatory bargaining which it deems necessary for and relevant to the
24-17 negotiations.
The information requested must be furnished without
24-18 unnecessary
delay. The information must be accurate, and must be
24-19 presented
in a form responsive to the request and in the format in which the
24-20 records
containing it are ordinarily kept. If the employee organization
24-21 requests
financial information concerning a metropolitan police
24-22 department,
the local government employers which form that department
24-23 shall
furnish the information to the employee organization.
24-24 3. The
parties shall promptly commence negotiations. As the first step,
24-25 the
parties shall discuss the procedures to be followed if they are unable to
24-26 agree
on one or more issues.
24-27 4. This
section does not preclude, but [this
chapter does] the
24-28 provisions of NRS 288.020 to 288.280, inclusive, do not require, informal
24-29 discussion
between an employee organization and a local government
24-30 employer
of any matter which is not subject to negotiation or contract
24-31 [under this
chapter.] pursuant to NRS
288.020 to 288.280, inclusive. Any
24-32 such
informal discussion is exempt from all requirements of notice or time
24-33 schedule.
24-34 Sec. 58. NRS
288.210 is hereby amended to read as follows:
24-35 288.210 1. For the purpose of investigating disputes,
the factfinder
24-36 may
issue subpoenas requiring the attendance of witnesses before him,
24-37 together
with all books, memoranda, papers and other documents relative
24-38 to
the matters under investigation, administer oaths and take testimony
24-39 thereunder.
24-40 2. The
district court in and for the county in which any investigation is
24-41 being
conducted by a factfinder may compel the attendance of witnesses,
24-42 the
giving of testimony and the production of books and papers as required
24-43 by
any subpoena issued by the factfinder.
24-44 3. In
case of the refusal of any witness to attend or testify or produce
24-45 any
papers required by such subpoena, the factfinder may report to the
24-46 district
court in and for the county in which the investigation is pending by
24-47 petition,
setting forth:
24-48 (a) That due notice has been given of the time and
place of attendance
24-49 of
the witness or the production of the books and papers;
25-1 (b) That the witness has been subpoenaed in
the manner prescribed in
25-2 [this chapter;] NRS 288.020 to
288.280, inclusive;
25-3 (c) That the witness has failed and refused to
attend or produce the
25-4 papers
required by subpoena before the factfinder in the investigation
25-5 named
in the subpoena, or has refused to answer questions propounded to
25-6 him
in the course of such investigation,
25-7 and
asking an order of the court compelling the witness to attend and
25-8 testify
or produce the books or papers before the factfinder.
25-9 4. The
court, upon petition of the factfinder, shall enter an order
25-10 directing
the witness to appear before the court at a time and place to be
25-11 fixed
by the court in such order, the time to be not more than 10 days from
25-12 the
date of the order, and then and there show cause why he has not
25-13 attended
or testified or produced the books or papers before the factfinder.
25-14 A
certified copy of the order shall be served upon the witness. If it appears
25-15 to
the court that the subpoena was regularly issued by the factfinder, the
25-16 court
shall thereupon enter an order that the witness appear before the
25-17 factfinder
at the time and place fixed in the order and testify or produce the
25-18 required
books or papers, and upon failure to obey the order the witness
25-19 shall
be dealt with as for contempt of court.
25-20 Sec. 59. NRS
288.220 is hereby amended to read as follows:
25-21 288.220 The
following proceedings, required by or pursuant to [this
25-22 chapter,] NRS 288.020 to
288.280, inclusive, are not subject to any
25-23 provision
of NRS which requires a meeting to be open or public:
25-24 1. Any
negotiation or informal discussion between a local government
25-25 employer
and an employee organization or employees as individuals,
25-26 whether
conducted by the governing body or through a representative or
25-27 representatives.
25-28 2. Any
meeting of a mediator with either party or both parties to a
25-29 negotiation.
25-30 3. Any
meeting or investigation conducted by a factfinder.
25-31 4. Any
meeting of the governing body of a local government employer
25-32 with
its management representative or representatives.
25-33 5. Deliberations
of the board toward a decision on a complaint, appeal
25-34 or
petition for declaratory relief.
25-35 Sec. 60. NRS
288.270 is hereby amended to read as follows:
25-36 288.270 1. It is a prohibited practice for a local
government
25-37 employer
or its designated representative willfully to:
25-38 (a) Interfere, restrain or coerce any employee
in the exercise of any right
25-39 guaranteed
under [this chapter.] NRS 288.020 to 288.280, inclusive.
25-40 (b) Dominate, interfere or assist in the
formation or administration of
25-41 any
employee organization.
25-42 (c) Discriminate in regard to hiring, tenure or
any term or condition of
25-43 employment
to encourage or discourage membership in any employee
25-44 organization.
25-45 (d) Discharge or otherwise discriminate against
any employee because
25-46 he
has signed or filed an affidavit, petition or complaint or given any
25-47 information
or testimony [under this chapter,] pursuant to NRS 288.020 to
25-48 288.280, inclusive, or because he has formed, joined or chosen to be
25-49 represented
by any employee organization.
26-1 (e) Refuse to bargain collectively in good
faith with the exclusive
26-2 representative
as required in NRS 288.150. Bargaining collectively
26-3 includes
the entire bargaining process, including mediation and factfinding,
26-4 provided
for in [this chapter.] NRS 288.020 to 288.280, inclusive.
26-5 (f) Discriminate because of race, color,
religion, sex, age, physical or
26-6 visual
handicap, national origin or because of political or personal reasons
26-7 or
affiliations.
26-8 (g) Fail to provide the information required
by NRS 288.180.
26-9 2. It
is a prohibited practice for a local government employee or for an
26-10 employee
organization or its designated agent willfully to:
26-11 (a) Interfere with, restrain or coerce any
employee in the exercise of any
26-12 right
guaranteed under [this chapter.] NRS 288.020 to 288.280, inclusive.
26-13 (b) Refuse to bargain collectively in good
faith with the local
26-14 government
employer, if it is an exclusive representative, as required in
26-15 NRS
288.150. Bargaining collectively includes the entire bargaining
26-16 process,
including mediation and factfinding, provided for in [this chapter.]
26-17 NRS 288.020 to 288.280, inclusive.
26-18 (c) Discriminate because of race, color, religion,
sex, age, physical or
26-19 visual
handicap, national origin or because of political or personal reasons
26-20 or
affiliations.
26-21 (d) Fail to provide the information required by
NRS 288.180.
26-22 Sec. 61. NRS
62.1266 is hereby amended to read as follows:
26-23 62.1266 1. The board of county commissioners may provide
for the
26-24 appointment
of one or more probation officers and assistant probation
26-25 officers
and such other employees as may be necessary to carry out the
26-26 duties
of the department.
26-27 2. Probation
officers, assistant probation officers and other employees
26-28 authorized
pursuant to this section are employees of the county, subject to
26-29 the
provisions of the merit personnel system unless exempt pursuant to
26-30 NRS
245.216, and are local government employees for the purposes of
26-31 [chapter 288 of
NRS.] NRS 288.020 to
288.280, inclusive. Probation
26-32 officers,
assistant probation officers and other employees hired before the
26-33 effective
date of the ordinance establishing the department may be
26-34 dismissed
only for cause.
26-35 3. All
information obtained in the discharge of duty by a probation
26-36 officer,
assistant probation officer or other employee of the department is
26-37 privileged
and must not be disclosed to any person other than the director
26-38 of
the department, the judges and the employees of the judicial district,
26-39 such
officers, employees and agents of the district court as the judges of the
26-40 judicial
district direct and other persons entitled pursuant to this chapter to
26-41 receive
that information, unless otherwise authorized by the director of the
26-42 department.
26-43 Sec. 62. NRS
245.210 is hereby amended to read as follows:
26-44 245.210 1. The board of county commissioners of each of
the several
26-45 counties
shall, by ordinance or agreement pursuant to [chapter 288 of
26-46 NRS,] NRS 288.020 to
288.280, inclusive, provide for annual, sick
and
26-47 disability
leave for elected and appointed county officers and county
26-48 employees.
The provisions of such an ordinance or agreement may be more
27-1 restrictive
but not more extensive than the provisions set forth in this
27-2 section.
27-3 2. The
ordinance or agreement must include provisions in substance as
27-4 follows:
27-5 (a) A provision that all elected and appointed
officers and employees
27-6 are
entitled to annual leave with pay of 1 1/4 working days for each month
27-7 of
service, which may be cumulative from year to year not to exceed 30
27-8 working
days.
27-9 (b) A provision that the board of county
commissioners may by order
27-10 provide
for additional annual leave for long-term appointed officers and
27-11 employees
and for prorated annual leave for part-time employees.
27-12 (c) A provision that if an appointed officer or
employee dies and was
27-13 entitled
to accumulated annual leave under the provisions of the ordinance,
27-14 the
heirs of the deceased officer or employee who are given priority to
27-15 succeed
to his assets under the laws of intestate succession of this state, or
27-16 the
executor or administrator of his estate, upon submitting satisfactory
27-17 proof
to the board of county commissioners of their entitlement, are
27-18 entitled
to be paid an amount of money equal to the number of days earned
27-19 or
accrued annual leave multiplied by the daily salary or wages of the
27-20 deceased
officer or employee.
27-21 (d) A provision that an elected county officer
must not be paid for
27-22 accumulated
annual leave upon termination of his service.
27-23 (e) A provision that during the first 6 months
of employment of any
27-24 appointed
officer or employee, annual leave accrues as provided in
27-25 paragraph
(a), but annual leave must not be taken during this period.
27-26 (f) A provision that an appointed officer or
employee must not be paid
27-27 for
accumulated annual leave upon termination of employment unless he
27-28 has
been employed for 6 months or more.
27-29 (g) A provision that all elected and appointed
officers and employees
27-30 are
entitled to sick and disability leave with pay of 1 1/4 working days for
27-31 each
month of service, which may be cumulative from year to year.
27-32 (h) A provision that the board of county
commissioners may by order
27-33 provide
for additional sick and disability leave for long-term employees
27-34 and
for prorated sick and disability leave for part-time employees.
27-35 (i) A provision that any appointed officer or
employee may be granted a
27-36 leave
of absence without pay.
27-37 3. Such
an ordinance or agreement may include a provision that upon
27-38 termination
of employment, retirement or death all elected and appointed
27-39 officers
and employees are entitled to payment for their unused sick leave
27-40 at
their rate of salary at the time of termination, retirement or death.
27-41 4. Such
an ordinance or agreement may include a provision that
27-42 elected
and appointed county officers and employees may donate portions
27-43 of
their accumulated annual and sick leave to other elected and appointed
27-44 county
officers and employees. If such a provision is adopted, donated time
27-45 must
be converted into money at the hourly rate of salary of the donor and
27-46 the
money must be converted into sick leave at the hourly rate of salary of
27-47 the
recipient.
28-1 Sec. 63. NRS
245.211 is hereby amended to read as follows:
28-2 245.211 1. The
board of county commissioners of any county may
28-3 establish,
by contract or otherwise, and administer a disability pension plan
28-4 or
disability insurance program for the benefit of the county sheriff, any
28-5 sheriff’s
deputy or fireman who is disabled, to any degree, by an injury
28-6 arising
out of and in the course of his employment.
28-7 2. The
board of county commissioners may adopt ordinances, rules,
28-8 regulations,
policies and procedures necessary to establish and administer
28-9 the
plan or program specified in subsection 1.
28-10 3. If a
county elects to consider implementation of a plan or program
28-11 specified
in subsection 1, or to change the benefits provided by an existing
28-12 plan
or program, the persons affected by the proposed plan or program, or
28-13 proposed
change, may negotiate with the county concerning the nature and
28-14 extent
of such plan, program or change. [Chapter 288
of NRS applies] The
28-15 provisions of NRS 288.020 to 288.280, inclusive, apply to negotiations for
28-16 this
purpose.
28-17 4. The
plan or program authorized by this section must be
28-18 supplemental
or in addition to and not in conflict with the coverage,
28-19 compensation,
benefits or procedure established by or adopted pursuant to
28-20 chapters
616A to 616D, inclusive, or chapter 617 of NRS.
28-21 5. The
benefits provided for in this section are supplemental to other
28-22 benefits
an employee is entitled to receive on account of the same
28-23 disability.
In no event shall the benefits provided for in this section, when
28-24 added
to benefits provided for or purchased by the expenditure of public
28-25 money,
exceed the maximum amount of benefits an employee is entitled to
28-26 receive
if he has been a member of the department or agency for 10 years
28-27 or
more.
28-28 Sec. 64. NRS
245.215 is hereby amended to read as follows:
28-29 245.215 1. The board of county commissioners shall adopt
28-30 regulations
for any merit personnel system established pursuant to the
28-31 provisions
of NRS 245.213 to 245.216, inclusive. The regulations must
28-32 provide:
28-33 (a) For the classification of all county
positions, not exempt from the
28-34 merit
personnel system, based on the duties, authority and responsibility of
28-35 each
position, with adequate provision for reclassification of any position
28-36 whatsoever
whenever warranted by changed circumstances.
28-37 (b) A pay plan for all county employees,
including exempt employees
28-38 other
than elected officers that are covered in other provisions of NRS or
28-39 by
special legislative act.
28-40 (c) Policies and procedures for regulating
reduction in force and the
28-41 removal
of employees.
28-42 (d) Hours of work, attendance regulations and
provisions for sick and
28-43 vacation
leave.
28-44 (e) Policies and procedures governing persons
holding temporary or
28-45 provisional
appointments.
28-46 (f) Policies and procedures governing
relationships with employees and
28-47 employee
organizations.
28-48 (g) Policies concerning employee training and
development.
28-49 (h) Grievance procedures.
29-1 (i) Other policies and procedures necessary
for the administration of a
29-2 merit
personnel system.
29-3 2. Regulations
adopted pursuant to this section for a merit personnel
29-4 system
established by a board of county commissioners pursuant to
29-5 subsection
2 of NRS 245.213 must not exempt any employees other than
29-6 those
who are specifically exempted from such a merit personnel system
29-7 pursuant
to NRS 245.216.
29-8 3. In
the event of a conflict between the policies and procedures
29-9 adopted
pursuant to this section and the provisions of a collective
29-10 bargaining
agreement entered into pursuant to [chapter 288
of NRS,] NRS
29-11 288.020 to 288.280, inclusive, the provisions of the agreement prevail.
29-12 Sec. 65. NRS
268.406 is hereby amended to read as follows:
29-13 268.406 1. The
governing board of any incorporated city may
29-14 establish,
by contract or otherwise, and administer a disability pension plan
29-15 or
disability insurance program for the benefit of any city police officer or
29-16 fireman
who is disabled, to any degree, by an injury arising out of and in
29-17 the
course of his employment.
29-18 2. The
governing board may adopt ordinances, rules, regulations,
29-19 policies
and procedures necessary to establish and administer the plan or
29-20 program
specified in subsection 1.
29-21 3. If
an incorporated city elects to consider implementation of a plan or
29-22 program
specified in subsection 1 or to change the benefits provided by an
29-23 existing
plan or program, the persons affected by the proposed plan or
29-24 program,
or proposed change, may negotiate with the city concerning the
29-25 nature
and extent of such plan, program or change. [Chapter 288 of NRS
29-26 applies] The provisions of NRS
288.020 to 288.280, inclusive, apply to
29-27 negotiations
for this purpose.
29-28 4. The
plan or program authorized by this section must be
29-29 supplemental
or in addition to and not in conflict with the coverage,
29-30 compensation,
benefits or procedure established by or adopted pursuant to
29-31 chapters
616A to 616D, inclusive, or chapter 617 of NRS.
29-32 5. The
benefits provided for in this section are supplemental to other
29-33 benefits
an employee is entitled to receive on account of the same
29-34 disability.
In no event [shall] may the
benefits provided for in this section,
29-35 when
added to benefits provided for or purchased by the expenditure of
29-36 public
money, exceed the maximum amount of benefits an employee is
29-37 entitled
to receive if he has been a member of the department or agency for
29-38 10
years or more.
29-39 Sec. 66. NRS
280.305 is hereby amended to read as follows:
29-40 280.305 1. The
committee may establish, by contract or otherwise,
29-41 and
administer a disability pension plan or disability insurance program for
29-42 the
benefit of any police officer of the department who is disabled, to any
29-43 degree,
by an injury arising out of and in the course of his employment.
29-44 The
cost of the plan or program may be charged, in whole or in part,
29-45 against
the annual operating budget for the department.
29-46 2. The
committee may adopt rules, policies and procedures necessary
29-47 to
establish and administer the plan or program specified in subsection 1.
29-48 3. If
the committee elects to consider implementation of a plan or
29-49 program
specified in subsection 1, or to change the benefits provided by an
30-1 existing
plan or program, the persons affected by the proposed plan or
30-2 program,
or proposed change, may negotiate with:
30-3 (a) The committee or two or more persons
designated by it; and
30-4 (b) The sheriff or a person designated by him,
30-5 concerning
the nature and extent of the plan, program or change. [Chapter
30-6 288 of NRS applies] The provisions of NRS
288.020 to 288.280, inclusive,
30-7 apply to negotiations for this purpose.
30-8 4. The
plan or program authorized by this section must be
30-9 supplemental
or in addition to and not in conflict with the coverage,
30-10 compensation,
benefits or procedure established by or adopted pursuant to
30-11 chapters
616A to 616D, inclusive, or chapter 617 of NRS.
30-12 5. The
benefits provided for in this section are supplemental to other
30-13 benefits
an employee is entitled to receive on account of the same
30-14 disability.
In no event may the benefits provided for in this section, when
30-15 added
to benefits provided for or purchased by the expenditure of public
30-16 money,
exceed the maximum amount of benefits an employee is entitled to
30-17 receive
if he has been a member of the department or agency for 10 years
30-18 or
more.
30-19 Sec. 67. NRS
280.320 is hereby amended to read as follows:
30-20 280.320 1. A
department is a local government employer for the
30-21 purpose
of the Local Government Employee-Management Relations Act
30-22 and
a public employer for the purpose of the Public Employees’
30-23 Retirement
Act.
30-24 2. In
negotiations arising [under] pursuant
to the provisions of
30-25 [chapter 288 of
NRS:] NRS 288.020 to
288.280, inclusive:
30-26 (a) The committee or two or more persons
designated by it; and
30-27 (b) The sheriff or a person designated by him,
30-28 shall
represent the department.
30-29 3. In
negotiations arising [under] pursuant
to the provisions of
30-30 [chapter 288 of
NRS,] NRS 288.020 to 288.280,
inclusive, a school police
30-31 unit
must be considered a separate bargaining unit.
30-32 Sec. 68. Chapter
344 of NRS is hereby amended by adding thereto a
30-33 new section to read as follows:
30-34 1. The
superintendent may negotiate and make agreements with any
30-35 group or organization
that represents compositors, machine operators,
30-36 pressmen and
assistants concerning the terms and conditions of
30-37 employment for
those employees.
30-38 2. As
used in this section, “terms and conditions of employment” has
30-39
the meaning
ascribed to it in section 17 of this act.
30-40 Sec. 69. NRS
344.080 is hereby amended to read as follows:
30-41 344.080 1. The superintendent shall employ such
compositors,
30-42 machine
operators, pressmen and assistants as the exigency of the work
30-43 from
time to time requires, and he may at any time discharge those
30-44 employees.
He shall not, at any time, employ more compositors, machine
30-45 operators,
pressmen and assistants than the necessities of the division may
30-46 require.
30-47 2. [The]
Except as otherwise provided in
NRS 284.013 and section 68
30-48 of this act, the compensation of the compositors, machine operators,
30-49 pressmen
and assistants must be fixed by the department of personnel, but
31-1 no
such employees are entitled to receive a higher rate of wages than is
31-2 recognized
by the employing printers of the State of Nevada or than the
31-3 nature
of the employment may require.
31-4 3. All
clerical employees and such other persons as are employed for
31-5 work
not directly related to the printing crafts must be in the classified
31-6 service
of the state.
31-7 Sec. 70. NRS
353.230 is hereby amended to read as follows:
31-8 353.230 1. The
chief shall review the estimates, altering, revising,
31-9 increasing
or decreasing the items of the estimates as he may deem
31-10 necessary
in view of the needs of the various departments, institutions and
31-11 agencies
in the executive department of the state government and the total
31-12 anticipated
income of the state government and of the various departments,
31-13 institutions
and agencies of the executive department during the next fiscal
31-14 year.
In performing the duties required by this subsection, the chief shall
31-15 use
the projections and estimates prepared by the economic forum pursuant
31-16 to
NRS 353.228.
31-17 2. The
chief shall meet with a fiscal analyst of the legislative counsel
31-18 bureau
or his designated representative and personnel of the various
31-19 departments,
institutions and agencies of the executive department to
31-20 discuss:
31-21 (a) The budgetary requests of each department,
institution and agency;
31-22 and
31-23 (b) The budgetary recommendations of the budget
division for each
31-24 department,
institution and agency,
31-25 for
the next 2 fiscal years. The chief shall allow the fiscal analyst of the
31-26 legislative
counsel bureau or his designated representative full access to all
31-27 materials
connected with the review.
31-28 3. The
chief shall then prepare a final version of the proposed budget,
31-29 in
accordance with section 41 of this
act and NRS 353.150 to 353.246,
31-30 inclusive,
and shall deliver it to the governor. The final version of the
31-31 proposed
budget must include any requests
for appropriations that are
31-32 required pursuant to section 41 of this act and the adjusted base budget
31-33 for
each department, institution and agency of the executive department,
31-34 the
costs for continuing each program at the current level of service and the
31-35 costs,
if any, for new programs, recommended enhancements of existing
31-36 programs
or reductions for the departments, institutions and agencies of the
31-37 executive
department for the next 2 fiscal years. All projections of revenue
31-38 and
any other information concerning future state revenue contained in the
31-39 proposed
budget must be based upon the projections and estimates
31-40 prepared
by the economic forum pursuant to NRS 353.228.
31-41 4. The
governor shall include in the
proposed budget any requests for
31-42 appropriations that are required pursuant to section 41 of
this act and
31-43 shall,
not later than 14 calendar days before the commencement of the
31-44 regular
legislative session, submit the proposed budget to the director of
31-45 the
legislative counsel bureau for transmittal to the legislature. The
31-46 governor
shall simultaneously submit, as a separate document:
31-47 (a) An analysis of any new programs or enhancements
of existing
31-48 programs
being recommended; and
32-1 (b) Any increase in or new revenues which are
being recommended in
32-2 the
proposed budget.
32-3 The
document must specify the total cost by department, institution or
32-4 agency
of new programs or enhancements, but need not itemize the
32-5 specific
costs. All projections of revenue and any other information
32-6 concerning
future state revenue contained in the document must be based
32-7 upon
the projections and estimates prepared by the economic forum
32-8 pursuant
to NRS 353.228.
32-9 5. On
or before the 19th calendar day of the regular legislative session,
32-10 the
governor shall submit to the legislative counsel recommendations for
32-11 each
legislative measure which will be necessary to carry out the final
32-12 version
of the proposed budget or to carry out the governor’s legislative
32-13 agenda.
These recommendations must contain sufficient detailed
32-14 information
to enable the legislative counsel to prepare the necessary
32-15 legislative
measures.
32-16 6. During
the consideration of the general appropriation bill and any
32-17 special
appropriation bills and bills authorizing budgeted expenditures by
32-18 the
departments, institutions and agencies operating on money designated
32-19 for
specific purposes by the constitution or otherwise, drafted at the request
32-20 of
the legislature upon the recommendations submitted by the governor
32-21 with
the proposed budget, the governor or his representative have the right
32-22 to
appear before and be heard by the appropriation committees of the
32-23 legislature
in connection with the appropriation bill or bills, and to render
32-24 any
testimony, explanation or assistance required of him.
32-25 Sec. 71. NRS
354.6241 is hereby amended to read as follows:
32-26 354.6241 1. The statement required by paragraph (c) of
subsection 4
32-27 of
NRS 354.624 must indicate for each fund set forth in that paragraph:
32-28 (a) Whether the fund is being used in
accordance with the provisions of
32-29 this
chapter.
32-30 (b) Whether the fund is being administered in
accordance with generally
32-31 accepted
accounting procedures.
32-32 (c) Whether the reserve in the fund is limited
to an amount that is
32-33 reasonable
and necessary to carry out the purposes of the fund.
32-34 (d) The sources of revenues available for the
fund during the fiscal year,
32-35 including
transfers from any other funds.
32-36 (e) The statutory and regulatory requirements
applicable to the fund.
32-37 (f) The balance and retained earnings of the
fund.
32-38 2. To
the extent that the reserve in any fund set forth in paragraph (c)
32-39 of
subsection 4 of NRS 354.624 exceeds the amount that is reasonable and
32-40 necessary
to carry out the purposes for which the fund was created, the
32-41 reserve
may be expended by the local government pursuant to the
32-42 provisions
of [chapter 288 of NRS.] NRS 288.020 to 288.280, inclusive.
32-43 Sec. 72. NRS
391.180 is hereby amended to read as follows:
32-44 391.180 1. As
used in this section, “employee” means any employee
32-45 of a
school district or charter school in this state.
32-46 2. A
school month in any public school in this state consists of 4
32-47 weeks
of 5 days each.
33-1 3. Nothing
contained in this section prohibits the payment of
33-2 employees’
compensation in 12 equal monthly payments for 9 or more
33-3 months’
work.
33-4 4. The
per diem deduction from the salary of an employee because of
33-5 absence
from service for reasons other than those specified in this section
33-6 is
that proportion of the yearly salary which is determined by the ratio
33-7 between
the duration of the absence and the total number of contracted
33-8 work
days in the year.
33-9 5. Boards
of trustees shall either prescribe by regulation or negotiate
33-10 pursuant
to [chapter 288 of NRS,] NRS 288.020 to 288.280, inclusive,
33-11 with
respect to sick leave, accumulation of sick leave, payment for unused
33-12 sick
leave, sabbatical leave, personal leave, professional leave, military
33-13 leave
and such other leave as they determine to be necessary or desirable
33-14 for
employees. In addition, boards of trustees may either prescribe by
33-15 regulation
or negotiate pursuant to [chapter 288
of] NRS 288.020 to
33-16 288.280, inclusive, with respect to the payment of unused sick leave to
33-17 licensed
teachers in the form of purchase of service pursuant to subsection
33-18 3 of
NRS 286.300. The amount of service so purchased must not exceed
33-19 the
number of hours of unused sick leave or 1 year, whichever is less.
33-20 6. The
salary of any employee unavoidably absent because of personal
33-21 illness
or accident, or because of serious illness, accident or death in the
33-22 family,
may be paid up to the number of days of sick leave accumulated by
33-23 the
employee. An employee may not be credited with more than 15 days of
33-24 sick
leave in any 1 school year. Except as otherwise provided in this
33-25 subsection,
if an employee takes a position with another school district or
33-26 charter
school, all sick leave that he has accumulated must be transferred
33-27 from
his former school district or charter school to his new school district
33-28 or
charter school. The amount of sick leave so transferred may not exceed
33-29 the
maximum amount of sick leave which may be carried forward from one
33-30 year
to the next according to the applicable negotiated agreement or the
33-31 policy
of the district or charter school into which the employee transferred.
33-32 Unless
the applicable negotiated agreement or policy of the employing
33-33 district
or charter school provides otherwise, such an employee:
33-34 (a) Shall first use the sick leave credited to
the employee from the
33-35 district
or charter school into which he transferred before using any of the
33-36 transferred
leave; and
33-37 (b) Is not entitled to compensation for any
sick leave transferred
33-38 pursuant
to this subsection.
33-39 7. Subject
to the provisions of subsection 8:
33-40 (a) If an intermission of less than 6 days is
ordered by the board of
33-41 trustees
of a school district or the governing body of a charter school for
33-42 any
good reason, no deduction of salary may be made therefor.
33-43 (b) If, on account of sickness, epidemic or
other emergency in the
33-44 community,
a longer intermission is ordered by the board of trustees of a
33-45 school
district, the governing body of a charter school or a board of health
33-46 and
the intermission or closing does not exceed 30 days at any one time,
33-47 there
may be no deduction or discontinuance of salaries.
33-48 8. If
the board of trustees of a school district or the governing body of
33-49 a
charter school orders an extension of the number of days of school to
34-1 compensate
for the days lost as the result of an intermission because of
34-2 those
reasons contained in paragraph (b) of subsection 7, an employee
34-3 may
be required to render his services to the school district or charter
34-4 school
during that extended period. If the salary of the employee was
34-5 continued
during the period of intermission as provided in subsection 7, the
34-6 employee
is not entitled to additional compensation for services rendered
34-7 during
the extended period.
34-8 9. If
any subject referred to in this section is included in an agreement
34-9 or
contract negotiated by:
34-10 (a) The board of trustees of a school district
pursuant to [chapter 288 of
34-11 NRS;] NRS 288.020 to 288.280,
inclusive; or
34-12 (b) The governing body of a charter school
pursuant to
NRS 386.595,
34-13 the
provisions of the agreement or contract regarding that subject supersede
34-14 any
conflicting provisions of this section or of a regulation of the board of
34-15 trustees.
34-16 Sec. 73. NRS
391.3116 is hereby amended to read as follows:
34-17 391.3116 The
provisions of NRS 391.311 to 391.3197, inclusive, do
34-18 not
apply to a teacher, administrator, or other licensed employee who has
34-19 entered
into a contract with the board negotiated pursuant to [chapter 288
34-20 of] NRS
288.020 to 288.280, inclusive, if the contract contains separate
34-21 provisions
relating to the board’s right to dismiss or refuse to reemploy the
34-22 employee
or demote an administrator.
34-23 Sec. 74. Section
11 of chapter 227, Statutes of Nevada 1975, as last
34-24 amended by chapter 564, Statutes of Nevada 1989, at
page 1197, is hereby
34-25 amended to read as follows:
34-26 Sec. 11. 1. The Board shall submit its proposed annual
budget
34-27 for
the Authority in the manner set forth in NRS 354.470 to 354.626,
34-28 inclusive.
34-29 2. In addition to powers elsewhere conferred, the Board, on
34-30 behalf
of the Authority, may:
34-31 (a) Establish, construct, purchase,
lease, enter into a lease purchase
34-32 agreement
respecting, acquire by gift, grant, bequest, devise or
34-33 otherwise,
reconstruct, improve, extend, better, alter, repair, equip,
34-34 furnish,
regulate, maintain, operate and manage convention, exhibit
34-35 and
auditorium facilities, including personal property and real
34-36 property,
appurtenant thereto or used in connection therewith, and
34-37 every
estate, interest and right, legal or equitable, therein.
34-38 (b) Insure or provide for the insurance
of any facility and of the
34-39 Board
and its officers, employees and agents against such risks and
34-40 hazards
as the Board may deem advisable, without thereby waiving
34-41 any
immunity granted by law.
34-42 (c) Arrange or contract for the
furnishing by any person or agency,
34-43 public
or private, of services, privileges, works, food, beverages,
34-44 alcoholic
beverages or facilities for or in connection with a facility,
34-45 hire
and retain officers, agents and employees, including a fiscal
34-46 adviser,
engineers, attorneys or other professional or specialized
34-47 personnel.
35-1 (d) Direct the board of county commissioners or
the board of
35-2 supervisors
of the City of Elko, and the governing body of any other
35-3 political
subdivision within the boundaries of the Authority, with the
35-4 concurrence
of that board or body, to acquire by the exercise of the
35-5 power
of eminent domain any real property which the Board deems
35-6 necessary
for its purposes, after the adoption by the Board of a
35-7 resolution
declaring such acquisition necessary for its purposes. This
35-8 power
must be exercised in the manner provided by any applicable
35-9 statutory
provisions and laws of the State of Nevada. Title to property
35-10 so
acquired must be taken in the name of the Authority.
35-11 (e) Sell, lease, exchange, transfer,
assign or otherwise dispose of
35-12 any
real or personal property, or any interest therein acquired for the
35-13 purpose
of this act, including the lease of any facility acquired by the
35-14 Authority
which is to be operated and maintained as a public project
35-15 and
convention, auditorium or exhibit facility.
35-16 (f) Fix, and from time to time increase
or decrease, rates, tolls,
35-17 rents
or charges for services or facilities furnished in connection with
35-18 any
facility and take such action as necessary or desirable to effect
35-19 their
collection.
35-20 (g) Receive, control, invest and order
the expenditure of money
35-21 pertaining
to any facility or related properties, including , but not
35-22 limited
to , annual grants
from the Federal Government, the state, the
35-23 county
and incorporated cities in the county for capital improvements
35-24 for
facilities.
35-25 (h) Enter into contracts, leases or
other arrangements for
35-26 commercial
advertising purposes with any person or government.
35-27 (i) Exercise all or any part or
combination of the powers granted in
35-28 this
act to the Authority, except as otherwise provided in this act.
35-29 (j) Sue and be sued.
35-30 (k) Perform other acts necessary,
convenient, desirable or
35-31 appropriate
to carry out the purposes and provisions of this act.
35-32 (l) Engage in the sale and dispensing
of alcoholic beverages in
35-33 connection
with activities conducted in connection with the facility,
35-34 operate
a bar in connection therewith and obtain all necessary licenses
35-35 and
permits and provide any bonds or security necessary or advisable.
35-36 (m) Engage in the preparation, sale,
serving and dispensing of food
35-37 and
beverages in connection with the facilities and activities
35-38 conducted
in connection therewith.
35-39 (n) Provide security for all authorized
facilities and activities by
35-40 means
of security guards, burglar alarm systems, fire alarm systems
35-41 and
other modern methods of protection and detection, with all
35-42 materials,
supplies and equipment incidental thereto.
35-43 (o) Use or make available all facilities
of the Authority or any
35-44 portion
thereof for any event, activity, meeting, convention,
35-45 entertainment,
promotions, party or other purpose approved by the
35-46 Board,
with or without charge, as determined by the Board.
35-47 (p) Sell, or cause to be sold,
promotional items.
35-48 3. The Board, in addition to the other powers conferred upon it,
35-49 may:
36-1 (a) Set aside a fund in an amount which it
considers necessary,
36-2 which
may be expended in the discretion of the Board for the purpose
36-3 of
promoting or attracting conventions, meetings and like gatherings
36-4 which
will utilize the facilities of the Authority. Such an expenditure
36-5 shall
be deemed to be made for a public purpose.
36-6 (b) Solicit and promote tourism generally,
individually and through
36-7 annual
grants to chambers of commerce, convention authorities and
36-8 other
convention generating entities, and further promote generally
36-9 the
use of its facilities, pursuant to lease agreements, by organized
36-10 groups
or by the general public for the holding of conventions,
36-11 expositions,
trade shows, entertainment, sporting events, cultural
36-12 activities
or similar uses reasonably calculated to produce revenue for
36-13 the
Authority, and to enhance the general economy. Such promotion
36-14 may
include advertising the facilities under control of the Board and
36-15 the
resources of the community or area, including without restriction
36-16 tourist
accommodations, transportation, entertainment and climate.
36-17 (c) Enter into contracts for
advertising and pay the cost thereof,
36-18 including
reasonable commissions.
36-19 (d) Authorize the expenditure of money
subject to its control and
36-20 derived
from any source within its jurisdiction and authority,
36-21 regardless
of any purported limitations thereon incident to any transfer
36-22 or
remittance to the Board of the proceeds of any license tax or other
36-23 money
collected by any political subdivision, but subject to all valid
36-24 contractual
or statutory restrictions which may apply to any such
36-25 money
or remittances or to the use or disposition thereof.
36-26 (e) Borrow money or accept
contributions, grants or other financial
36-27 assistance
from the Federal Government or any agency or
36-28 instrumentality
thereof, for use in furtherance of any of the authorized
36-29 purposes
of the Authority and meet and comply with any conditions
36-30 imposed
thereon, which are within the authority or discretion of the
36-31 Board.
36-32 (f) Appoint an executive director, the
Authority treasurer, the
36-33 auditor
for the Authority, assistants to officers and establish such
36-34 other
offices and appoint such other officers as it deems necessary.
36-35 All
appointive officers serve at the pleasure of the Board and shall
36-36 perform
such duties as may be designated by the Board and are
36-37 entitled
to receive a salary set by the Board. The Board shall, by
36-38 agreement
pursuant to [chapter 288 of NRS,] NRS 288.020 to
36-39 288.280, inclusive, or by resolution, set the annual, sick and
disability
36-40 leave,
salary or wages, pensions, insurance and other benefits for
36-41 appointed
and hired Authority officers and employees.
36-42 4. Any contracts, leases, franchises or other transactions
36-43 authorized
or executed by the Board are not affected by the fact that
36-44 the
term of office of any or all of its members may expire before
36-45 completion
of the transaction authorized.
36-46 5. When any member of the Board or officer or employee of the
36-47 Authority
travels for the transaction of business of the Authority, the
36-48 Board
may pay him the actual expenses necessary for such travel,
36-49 including
travel expenses, room, board, gratuities, car rental,
37-1 telephone,
taxi fares and any other expense reasonably incurred in
37-2 connection
with such travel. Travel fares must be the amount charged
37-3 by
public conveyance unless the Board determines that travel by
37-4 private
conveyance is more economical, or travel by public
37-5 conveyance
is impractical or unavoidable over any of the routes to be
37-6 traveled.
The Board may allow for traveling by private conveyance an
37-7 amount
not to exceed the maximum allowance per mile for travel by
37-8 private
conveyance by state officers and employees specified in NRS
37-9 281.160.
37-10 Sec. 75. Section
29 of chapter 474, Statutes of Nevada 1977, as last
37-11 amended by chapter 155, Statutes of Nevada 1991, at
page 293, is hereby
37-12 amended to read as follows:
37-13 Sec. 29. The authority, by action of the board, may adopt its own
37-14 plan
of civil service to be administered by the board. The plan must
37-15 include,
but need not be limited to, the following provisions:
37-16 1. Entry into the service on the basis of open competition.
37-17 2. Service, promotions and remuneration on the basis of merit,
37-18 efficiency
and fitness.
37-19 3. Classifications of the positions in the service.
37-20 4. The rating of candidates on the basis of publicly announced
37-21 competitive
examinations and the maintenance of lists of eligible
37-22 candidates.
37-23 5. Employment of candidates from the eligible lists in the highest
37-24 qualified
rating.
37-25 6. Probationary periods not to exceed 12 months.
37-26 7. Disciplinary action, suspension or discharge of employees for
37-27 cause
only with the right of notice and review.
37-28 8. Schedules of compensation and increases in pay prepared by
37-29 the
board.
37-30 9. Promotion on the basis of ascertained merit, seniority in service
37-31 and
competitive examinations.
37-32 10. Provision for keeping service records on all employees.
37-33 11. Regulations for hours of work, attendance, holidays, leaves of
37-34 absence
and transfers.
37-35 12. Procedures for layoffs, discharge, suspension, discipline and
37-36 reinstatement.
37-37 13. The exemption from civil service of managers, supervisors,
37-38 except
those supervisors covered by an agreement negotiated pursuant
37-39 to
[chapter 288 of NRS,] NRS 288.020 to 288.280, inclusive, deputy
37-40 directors,
the executive director, persons employed to render
37-41 professional,
scientific, technical or expert service, persons providing
37-42 services
of a temporary or exceptional character, persons employed on
37-43 projects
paid from the proceeds of bonds issued by the authority and
37-44 persons
employed for a period of less than 3 months in any 12‑month
37-45 period.
37-46 14. Review by the board, at the request of the employee in
37-47 question
and after notice and hearing, of any disciplinary action,
37-48 suspension
or discharge of any employee, which action, suspension or
37-49 discharge
may be affirmed, modified or reversed by the board. The
38-1 decision
of the board is a final decision in a contested case for the
38-2 purpose
of judicial review. An employee may appeal the decision of
38-3 the
board to a district court within the time limits and in the manner
38-4 provided
by law for the appeal of administrative decisions of state
38-5 agencies.
38-6 Sec. 76. Section
2.330 of the charter of Carson City, being chapter
38-7 690, Statutes of Nevada 1979, at page 1857, is
hereby amended to read as
38-8 follows:
38-9 Sec. 2.330 Employees:
Merit personnel system.
38-10 1. The board of supervisors shall establish a merit personnel
38-11 system
for all employees of Carson City except those exempted under
38-12 the
provisions of subsection 4.
38-13 2. The board of supervisors shall administer this section through
38-14 the
adoption of appropriate regulations which shall provide for:
38-15 (a) The classification of all
positions, not exempt from the merit
38-16 personnel
system, based on the duties, authority and responsibility of
38-17 each
position, with adequate provision for reclassification of any
38-18 position
whatsoever whenever warranted by changed circumstances.
38-19 (b) A pay plan for all employees,
including exempt employees
38-20 other
than elected officers that are covered in NRS 245.043.
38-21 (c) Policies and procedures for
regulating reduction in force and
38-22 the
removal of employees.
38-23 (d) Hours of work, attendance
regulations and provisions for sick
38-24 and
vacation leave.
38-25 (e) Policies and procedures governing
persons holding temporary
38-26 or
provisional appointments.
38-27 (f) Policies and procedures governing
relationships with employees
38-28 and
employee organizations.
38-29 (g) Policies concerning employee
training and development.
38-30 (h) Grievance procedures.
38-31 (i) Other policies and procedures
necessary for the administration
38-32 of
a merit personnel system.
38-33 3. In the event of a conflict between the policies and procedures
38-34 adopted
pursuant to this section and the provisions of a collective
38-35 bargaining
agreement entered into pursuant to [chapter 288
of NRS,]
38-36 NRS 288.020 to 288.280, inclusive, the provisions of the agreement
38-37 prevail.
38-38 4. There are exempted from the provisions of this section:
38-39 (a) The manager and all department
heads, elected or appointed;
38-40 (b) All deputy district attorneys;
38-41 (c) Not more than five supervisory
deputy sheriffs; and
38-42 (d) No more than two deputies each in
the offices of the clerk, the
38-43 treasurer,
the recorder, the assessor, and any other department created
38-44 by
this charter or by ordinance.
38-45 Sec. 77. Section
9.030 of the charter of the City of North Las Vegas,
38-46 being chapter 324, Statutes of Nevada 1987, at page
744, is hereby
38-47 amended to read as follows:
39-1 Sec. 9.030 Collective
bargaining.
39-2 1. The city council shall recognize employee organizations for the
39-3 purpose of collective bargaining pursuant to [chapter 288 of NRS.]
39-4 NRS 288.020 to 288.280, inclusive.
39-5 2. The city manager is responsible for and shall direct all
39-6 collective bargaining with recognized employee organizations. The
39-7 city manager may designate any administrative officer subject to his
39-8 direction and supervision as his representative for the purpose of
those
39-9 negotiations.
39-10 3. Any agreement resulting from those
negotiations must be
39-11 ratified by the city council before it is effective.
39-12 Sec. 78. NRS
288.010 is hereby repealed.
39-13 Sec. 79. As
soon as practicable on or before July 1, 2001, the
39-14 members of the board for labor relations for state
employees must be
39-15 appointed as follows:
39-16 1. One member appointed by the governor to an
initial term that begins
39-17 on July 1, 2001,
and ends on June 30, 2003.
39-18 2. One member appointed by the speaker of the
assembly to an initial
39-19 term that begins on July 1, 2001,
and ends on June 30, 2004.
39-20 3. One member appointed by the majority leader
of the senate to an
39-21 initial term that begins on July 1, 2001,
and ends on June 30, 2005.
39-22 Sec. 80. Notwithstanding
any other provision of this act, an employee
39-23 organization may not be designated as the exclusive
representative of a
39-24
bargaining unit pursuant to section 28 or 29
of this act before October 1,
39-25 2001.
39-26 Sec. 81. This act becomes effective on July 1, 2001.
39-27 TEXT OF
REPEALED SECTION
39-28 288.010
Short title. This chapter may be cited as the Local
39-29 Government
Employee-Management Relations Act.
39-30 H