Assembly Bill No. 9–Assemblywoman Parnell

Prefiled January 11, 2001

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Referred to Committee on Government Affairs

SUMMARY—Authorizes use of arbitration for adjustment of certain grievances of state employees. (BDR 23‑439)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

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

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to state employees; authorizing the use of arbitration for the adjustment of certain grievances; providing a procedure for the selection of an arbitration panel; 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 284.384 is hereby amended to read as follows:

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

1-3 adopt, regulations which provide for the adjustment of grievances for

1-4 which a hearing is not provided by NRS 284.165, 284.376 or 284.390. Any

1-5 grievance for which a hearing is not provided by NRS 284.165, 284.376 or

1-6 284.390 is subject to adjustment pursuant to this section.

1-7 2. The regulations must provide procedures for:

1-8 (a) Consideration and adjustment of the grievance within the agency in

1-9 which it arose.

1-10 (b) Submission of the grievance by an employee to the employee-

1-11 management committee or an arbitrator for a final decision if the

1-12 employee is still dissatisfied with the resolution of the dispute.

1-13 3. The regulations must include provisions for:

1-14 (a) Submitting each proposed resolution of a dispute which has a fiscal

1-15 effect to the budget division of the department of administration for a

1-16 determination by that division whether the resolution is feasible on the

1-17 basis of its fiscal effects; and

1-18 (b) Making the resolution binding.

1-19 4. [Any] An employee may submit any grievance which is subject to

1-20 adjustment pursuant to this section [may be appealed] to the employee-

2-1 management committee or an arbitrator for a final decision. If the

2-2 employee submits the grievance to an arbitrator:

2-3 (a) The arbitrator shall assess his costs to the losing party, unless the

2-4 arbitrator determines that a different assessment of costs is more

2-5 equitable; and

2-6 (b) Each party shall pay its costs for the preparation and presentation

2-7 of its case.

2-8 5. The employee may represent himself at any hearing regarding a

2-9 grievance which is subject to adjustment pursuant to this section or be

2-10 represented by an attorney or any other person of the employee’s [own]

2-11 choosing.

2-12 6. The commission shall appoint an arbitration panel whose

2-13 members are authorized to make final decisions concerning grievances

2-14 that are submitted to an arbitrator pursuant to this section. To appoint

2-15 such a panel, the commission shall request from the American

2-16 Arbitration Association or the Federal Mediation and Conciliation

2-17 Service a list of seven arbitrators. If the commission and the

2-18 organizations that represent state employees in this state are unable to

2-19 agree upon which arbitration service to use, the Federal Mediation and

2-20 Conciliation Service must be used. The commission shall hold a hearing

2-21 at which the commission will hear objections to any of the arbitrators

2-22 included on the list. At the conclusion of the hearing, the commission

2-23 shall appoint three arbitrators to serve as members of an arbitration

2-24 panel for terms of 1 year, and one alternate arbitrator to serve on the

2-25 panel if a vacancy occurs. Each year the members of the arbitration

2-26 panel must be appointed in the manner prescribed in this subsection.

2-27 7. If a grievance is submitted to the arbitration panel, the employee

2-28 who submitted the grievance and the appointing authority of the

2-29 employee shall each strike one name from the panel. The remaining

2-30 arbitrator shall hear the grievance. The hearing must be held in the

2-31 county where the employee resides, unless the employee agrees to

2-32 another location.

2-33 8. As used in this section, “grievance” means an act, omission or

2-34 occurrence which an employee who has attained permanent status feels

2-35 constitutes an injustice relating to any condition arising out of the

2-36 relationship between an employer and an employee, including, but not

2-37 limited to, compensation, working hours, working conditions, membership

2-38 in an organization of employees or the interpretation of any law, regulation

2-39 or disagreement.

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