exempt

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

Assembly Bill No. 537–Committee on
Government Affairs

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions regarding state personnel. (BDR 23‑1155)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to the state personnel system; requiring certain employees to be paid for a regularly scheduled shift that falls on a holiday; requiring the Department of Personnel to adopt regulations authorizing the transfer of certain hours of the accrued sick leave of a retiring employee to an account for catastrophic leave established by the appointing authority; authorizing the use of an arbitrator for certain grievances filed by an employee; requiring the Department of Personnel to increase the level of compensation of certain positions within the Department of Corrections; 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 284.180 is hereby amended to read as follows:

1-2  284.180  1.  The Legislature declares that since uniform salary

1-3  and wage rates and classifications are necessary for an effective and

1-4  efficient personnel system, the pay plan must set the official rates

1-5  applicable to all positions in the classified service, but the

1-6  establishment of the pay plan in no way limits the authority of the

1-7  Legislature relative to budgeted appropriations for salary and wage

1-8  expenditures.

2-1  2.  Credit for overtime work directed or approved by the head

2-2  of an agency or his representative must be earned at the rate of time

2-3  and one-half, except for those employees described in NRS 284.148.

2-4  3.  Except as otherwise provided in subsections 4, 6, 7 and 9,

2-5  overtime is considered time worked in excess of:

2-6  (a) Eight hours in 1 calendar day;

2-7  (b) Eight hours in any 16-hour period; or

2-8  (c) A 40-hour week.

2-9  4.  Firemen who choose and are approved for a 24-hour shift

2-10  shall be deemed to work an average of 56 hours per week and 2,912

2-11  hours per year, regardless of the actual number of hours worked or

2-12  on paid leave during any biweekly pay period. A fireman so

2-13  assigned is entitled to receive 1/26 of his annual salary for each

2-14  biweekly pay period. In addition, overtime must be considered time

2-15  worked in excess of:

2-16      (a) Twenty-four hours in one scheduled shift; or

2-17      (b) Fifty-three hours average per week during one work period

2-18  for those hours worked or on paid leave.

2-19  The appointing authority shall designate annually the length of the

2-20  work period to be used in determining the work schedules for such

2-21  firemen. In addition to the regular amount paid such a fireman for

2-22  the deemed average of 56 hours per week, he is entitled to payment

2-23  for the hours which comprise the difference between the 56-hour

2-24  average and the overtime threshold of 53 hours average at a rate

2-25  which will result in the equivalent of overtime payment for those

2-26  hours.

2-27      5.  The Director, with the approval of the Commission, shall

2-28  adopt regulations to carry out the provisions of subsection 4.

2-29      6.  For employees who choose and are approved for a variable

2-30  workday, overtime will be considered only after working 40 hours

2-31  in 1 week.

2-32      7.  Employees who are eligible under the Fair Labor Standards

2-33  Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour

2-34  work schedule within a biweekly pay period and who choose and

2-35  are approved for such a work schedule will be considered eligible

2-36  for overtime only after working 80 hours biweekly, except those

2-37  eligible employees who are approved for overtime in excess of one

2-38  scheduled shift of 8 or more hours per day.

2-39      8.  An agency may experiment with innovative workweeks

2-40  upon the approval of the head of the agency and after majority

2-41  consent of the affected employees. The affected employees are

2-42  eligible for overtime only after working 40 hours in a workweek.

2-43      9.  This section does not supersede or conflict with existing

2-44  contracts of employment for employees hired to work 24 hours a

2-45  day in a home setting. Any future classification in which an

3-1  employee will be required to work 24 hours a day in a home setting

3-2  must be approved in advance by the Commission.

3-3  10.  All overtime must be approved in advance by the

3-4  appointing authority or his designee. No officer or employee, other

3-5  than a director of a department or the chairman of a board,

3-6  commission or similar body, may authorize overtime for himself.

3-7  The chairman of a board, commission or similar body must approve

3-8  in advance all overtime worked by members of the board,

3-9  commission or similar body.

3-10      11.  The Budget Division of the Department of Administration

3-11  shall review all overtime worked by employees of the Executive

3-12  Department to ensure that overtime is held to a minimum. The

3-13  Budget Division shall report quarterly to the State Board of

3-14  Examiners the amount of overtime worked in the quarter within the

3-15  various agencies of the State.

3-16      12.  A full-time employee who is not subject to the provisions

3-17  of NRS 284.148 is entitled to receive his normal rate of pay or an

3-18  equivalent amount of compensatory time for all his regularly

3-19  scheduled hours of employment on a legal holiday if:

3-20      (a) The legal holiday falls upon a regularly scheduled workday

3-21  of the employee;

3-22      (b) The regularly scheduled workday of the employee is more

3-23  than 8 hours;

3-24      (c) The employee is in paid status during any portion of his

3-25  shift immediately preceding the holiday; and

3-26      (d) The employee does not work any part of his regularly

3-27  scheduled workday on that holiday.

3-28      13.  As used in this section, “normal rate of pay” means the

3-29  rate set forth in the pay plan adopted pursuant to NRS 284.175 for

3-30  the class of position in which the employee is employed plus any

3-31  additional adjustment to that rate that is prescribed by regulation

3-32  and has been approved for the employee.

3-33      Sec. 2.  NRS 284.355 is hereby amended to read as follows:

3-34      284.355  1.  Except as otherwise provided in this section, all

3-35  employees in the public service, whether in the classified or

3-36  unclassified service, are entitled to sick and disability leave with pay

3-37  of 1 1/4 working days for each month of service, which may be

3-38  cumulative from year to year. After an employee has accumulated

3-39  90 working days of sick leave, the amount of additional unused sick

3-40  leave which he is entitled to carry forward from 1 year to the next is

3-41  limited to one-half of the unused sick leave accrued during that year,

3-42  but the Department may by regulation provide for subsequent use of

3-43  unused sick leave accrued but not carried forward because of this

3-44  limitation in cases where the employee is suffering from a long-term

4-1  or chronic illness and has used all sick leave otherwise available to

4-2  him.

4-3  2.  Upon the retirement of an employee, his termination through

4-4  no fault of his own or his death while in public employment, the

4-5  employee or his beneficiaries are entitled to payment:

4-6  (a) For his unused sick leave in excess of 30 days, exclusive of

4-7  any unused sick leave accrued but not carried forward, according to

4-8  his number of years of public service, except service with a political

4-9  subdivision of the State, as follows:

4-10          (1) For 10 years of service or more but less than 15 years, not

4-11  more than $2,500.

4-12          (2) For 15 years of service or more but less than 20 years, not

4-13  more than $4,000.

4-14          (3) For 20 years of service or more but less than 25 years, not

4-15  more than $6,000.

4-16          (4) For 25 years of service, not more than $8,000.

4-17      (b) For his unused sick leave accrued but not carried forward, an

4-18  amount equal to one-half of the sum of:

4-19          (1) His hours of unused sick leave accrued but not carried

4-20  forward; and

4-21          (2) An additional 120 hours.

4-22      3.  The Department may by regulation provide for additional

4-23  sick and disability leave for long-term employees and for prorated

4-24  sick and disability leave for part-time employees.

4-25      4.  The Department shall, by regulation, provide for the

4-26  transfer of one-half of the portion of unused sick leave of a

4-27  retiring employee for which the employee is not entitled to

4-28  payment pursuant to subsection 2 to the account for catastrophic

4-29  leave, if any, established by the relevant appointing authority. The

4-30  transfer must be made in the name of the retiring employee. Not

4-31  more than 120 hours of unused sick leave may be transferred

4-32  pursuant to this subsection.

4-33      5.  An employee entitled to payment for unused sick leave

4-34  pursuant to subsection 2 may elect to receive the payment in any

4-35  one or more of the following forms:

4-36      (a) A lump-sum payment.

4-37      (b) An advanced payment of the premiums or contributions for

4-38  insurance coverage for which he is otherwise eligible pursuant to

4-39  chapter 287 of NRS. If the insurance coverage is terminated and the

4-40  money advanced for premiums or contributions pursuant to this

4-41  subsection exceeds the amount which is payable for premiums or

4-42  contributions for the period for which the former employee was

4-43  actually covered, the unused portion of the advanced payment must

4-44  be paid promptly to the former employee or, if he is deceased, to his

4-45  beneficiary.

5-1  (c) The purchase of additional retirement credit, if he is

5-2  otherwise eligible pursuant to chapter 286 of NRS.

5-3  [5.] 6.  Officers and members of the faculty of the University

5-4  and Community College System of Nevada are entitled to sick and

5-5  disability leave as provided by the regulations adopted pursuant to

5-6  subsection 2 of NRS 284.345.

5-7  [6.] 7.  The Department may by regulation provide policies

5-8  concerning employees with mental or emotional disorders which:

5-9  (a) Use a liberal approach to the granting of sick leave or leave

5-10  without pay to such an employee if it is necessary for him to be

5-11  absent for treatment or temporary hospitalization.

5-12      (b) Provide for the retention of the job of such an employee for a

5-13  reasonable period of absence, and if an extended absence

5-14  necessitates separation or retirement, provide for the reemployment

5-15  of such an employee if at all possible after recovery.

5-16      (c) Protect employee benefits, including, without limitation,

5-17  retirement, life insurance and health benefits.

5-18      [7.] 8.  The Director shall establish by regulation a schedule for

5-19  the accrual of sick leave for employees who regularly work more

5-20  than 40 hours per week or 80 hours biweekly. The schedule must

5-21  provide for the accrual of sick leave at the same rate proportionately

5-22  as employees who work a 40-hour week accrue sick leave.

5-23      [8.] 9.  The Department may investigate any instance in which

5-24  it believes that an employee has taken sick or disability leave to

5-25  which he was not entitled. If, after notice to the employee and a

5-26  hearing, the Commission determines that he has taken sick or

5-27  disability leave to which he was not entitled, the Commission may

5-28  order the forfeiture of all or part of his accrued sick leave.

5-29      Sec. 3.  NRS 284.3621 is hereby amended to read as follows:

5-30      284.3621  1.  Each appointing authority may establish an

5-31  account for catastrophic leave.

5-32      2.  The limitations on the transfer of accrued sick leave

5-33  provided in this section do not apply to the transfer of accrued sick

5-34  leave to an account for catastrophic leave pursuant to regulations

5-35  adopted in accordance with subsection 4 of NRS 284.355.

5-36      3.  An employee of an appointing authority may request, in

5-37  writing, that a specified number of hours of his accrued annual or

5-38  sick leave be transferred from his account to the account for

5-39  catastrophic leave.

5-40      [3.] 4.  An employee may not transfer to the account for

5-41  catastrophic leave any hours of sick leave if the balance in his

5-42  account after the transfer is less than 240 hours.

5-43      [4.] 5.  The maximum number of hours which may be

5-44  transferred by an employee in any 1 calendar year is 120. The

6-1  minimum number of hours which may be transferred in any 1

6-2  calendar year is 8.

6-3  [5.] 6.  An employee may transfer hours to any such account

6-4  for catastrophic leave for use by a particular employee in any branch

6-5  of State Government who is eligible to receive them. A record of the

6-6  source and number of hours of leave transferred among different

6-7  appointing authorities for this purpose and the date of the transfer

6-8  must be maintained by each appointing authority. Leave transferred

6-9  in excess of the amount approved for use by a particular employee

6-10  must be returned to the employee’s account from which it

6-11  originated. The Commission shall, by regulation, determine the

6-12  procedure to return excess leave.

6-13      [6.] 7.  Any hours of annual or sick leave which are transferred

6-14  from any employee’s account to the account for catastrophic leave

6-15  and not designated for use by a particular employee may not be

6-16  returned or restored to the originating employee. This subsection

6-17  does not prevent the employee from receiving leave pursuant to

6-18  NRS 284.3622.

6-19      Sec. 4.  NRS 284.384 is hereby amended to read as follows:

6-20      284.384  1.  The Director shall propose, and the Commission

6-21  shall adopt, regulations which provide for the adjustment of

6-22  grievances for which a hearing is not provided by NRS 284.165,

6-23  284.245, 284.3629, 284.376 or 284.390. Any grievance for which a

6-24  hearing is not provided by NRS 284.165, 284.245, 284.3629,

6-25  284.376 or 284.390 is subject to adjustment pursuant to this section.

6-26      2.  The regulations must provide procedures for:

6-27      (a) Consideration and adjustment of the grievance within the

6-28  agency in which it arose.

6-29      (b) Submission of the grievance by the employee to the

6-30  Employee-Management Committee or an arbitrator for a final

6-31  decision if the employee is still dissatisfied with the resolution of

6-32  the dispute.

6-33      3.  The regulations must include provisions for:

6-34      (a) Submitting each proposed resolution of a dispute which has a

6-35  fiscal effect to the Budget Division of the Department of

6-36  Administration for a determination by that Division whether the

6-37  resolution is feasible on the basis of its fiscal effects; and

6-38      (b) Making the resolution binding.

6-39      4.  Any grievance which is subject to adjustment pursuant to

6-40  this section may be [appealed] submitted by the employee to the

6-41  Employee-Management Committee or an arbitrator for a final

6-42  decision. If a grievance is submitted to an arbitrator:

6-43      (a) The arbitrator shall assess his costs to the losing party,

6-44  unless the arbitrator determines that a different assessment of

6-45  costs is more equitable; and

7-1  (b) Each party shall pay its own costs of the preparation and

7-2  presentation of its case.

7-3  5.  The employee may represent himself at any hearing

7-4  regarding a grievance which is subject to adjustment pursuant to this

7-5  section or be represented by an attorney or other person of the

7-6  employee’s own choosing.

7-7  6.  The Commission shall appoint an arbitration panel whose

7-8  members are authorized to make final decisions on grievances that

7-9  are submitted to an arbitrator pursuant to this section. To appoint

7-10  such a panel, the Commission shall request from the American

7-11  Arbitration Association or the Federal Mediation and Conciliation

7-12  Service a list of seven potential arbitrators. If the Commission and

7-13  the organizations that represent state employees in this state are

7-14  unable to agree upon which arbitration service to use, the Federal

7-15  Mediation and Conciliation Service must be used.

7-16      7.  The Commission shall hold a hearing at which the

7-17  Commission will hear objections to any of the seven potential

7-18  arbitrators. At the conclusion of the hearing, the Commission

7-19  shall appoint three arbitrators to serve as members of an

7-20  arbitration panel for terms of 1 year, and one alternate arbitrator

7-21  to serve on the panel if a vacancy arises.

7-22      8.  An arbitration panel must be reappointed in the same

7-23  manner as specified in subsections 6 and 7 for original

7-24  appointments.

7-25      9.  If a grievance is submitted to the arbitration panel, the

7-26  employee who submitted the grievance and the appointing

7-27  authority of the employee shall select the arbitrator who will hear

7-28  the grievance. The parties shall select an arbitrator from the panel

7-29  by alternately striking one name until the name of only one

7-30  arbitrator remains. The remaining arbitrator shall hear the

7-31  grievance in question. The employee shall strike the first name.

7-32      10.  A hearing held pursuant to this section must be held in

7-33  the county in which the employee resides, unless the employee

7-34  agrees to a different location.

7-35      11.  As used in this section, “grievance” means an act, omission

7-36  or occurrence which an employee who has attained permanent status

7-37  feels constitutes an injustice relating to any condition arising out of

7-38  the relationship between an employer and an employee, including,

7-39  but not limited to, compensation, working hours, working

7-40  conditions, membership in an organization of employees or the

7-41  interpretation of any law, regulation or disagreement.

7-42      Sec. 5.  The Department of Personnel shall:

7-43      1.  Classify all positions within the Department of Corrections

7-44  that involve contact with inmates as correctional classifications and

7-45  adjust the wage rates for the positions accordingly.

8-1  2.  Increase the level of compensation for the following

8-2  maintenance classifications within the Department of Corrections by

8-3  two grades on the classified employee compensation schedule

8-4  effective July 1, 2003:

8-5  TITLE                                               CODE

 

8-6  Air Conditioning/Refrigeration Supervisor  9.474

8-7  Air Conditioning/Refrigeration Specialist II9.473

8-8  Air Conditioning/Refrigeration Specialist I  9.435

 

8-9  Electrician Supervisor (Maintenance)9.448

8-10  Electrician II (Maintenance)             9.447

8-11  Electrician I (Maintenance)              9.426

 

8-12  Electronics Technician III                 6.987

8-13  Electronics Technician II                  6.981

8-14  Electronics Technician I                   6.988

 

8-15  Facility Supervisor IV                      9.603

8-16  Facility Supervisor III                       9.606

8-17  Facility Supervisor II                        9.609

8-18  Facility Supervisor I                         9.612

 

8-19  Heat Plant Specialist III                    9.424

8-20  Heat Plant Specialist II                     9.420

8-21  Heat Plant Specialist I                       9.428

 

8-22  Maintenance Repair Specialist II      9.445

8-23  Maintenance Repair Specialist I       9.441

 

8-24  Maintenance Repair Worker IV       9.485

8-25  Maintenance Repair Worker III        9.486

8-26  Maintenance Repair Worker II         9.487

8-27  Maintenance Repair Worker I          9.488

 

8-28  Plumber Supervisor (Maintenance)9.463

8-29  Plumber II (Maintenance)                 9.462

8-30  Plumber I (Maintenance)                  9.432

 

8-31  Combination Welder II                     9.430

8-32  Combination Welder I                      9.417

 

8-33  Equipment Mechanic Supervisor     9.322

8-34  Equipment Mechanic III                   9.323

8-35  Equipment Mechanic II                     9.331

9-1  Equipment Mechanic I                       9.333

 

9-2  Locksmith II                                       9.431

9-3  Locksmith I                                        9.418

 

9-4  Driver Warehouse Supervisor           9.212

9-5  Driver Warehouse Worker II             9.211

9-6  Driver Warehouse Worker I              9.210

 

9-7  Carpenter Supervisor (Maintenance)9.439

9-8  Carpenter II                                        9.424

9-9  Carpenter I                                          9.423

 

9-10  Sewage Treatment Plant Operator III9.495

9-11  Sewage Treatment Plant Operator II9.496

9-12  Sewage Treatment Plant Operator I9.497

9-13      Sec. 6.  This act becomes effective on July 1, 2003.

 

9-14  H