Assembly Bill No. 65–Committee on Government Affairs

 

February 10, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes collective bargaining for certain state employees. (BDR 23‑659)

 

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.

 

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 representatives; 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

1-3  Officer, who disburses money in payment of salaries and wages of

1-4  officers and employees of the State may, upon written requests of

1-5  the officer or employee specifying amounts, withhold those amounts

1-6  and pay them to:

1-7  1.  Charitable organizations;

1-8  2.  Employee credit unions;

1-9  3.  Insurers, if the Board of the Public Employees’ Benefits

1-10  Program has approved the request;

2-1  4.  The United States for the purchase of savings bonds and

2-2  similar obligations of the United States; and

2-3  5.  [Employee] Except as otherwise provided in section 32 of

2-4  this act, employee organizations and labor organizations.

2-5  The State Controller may adopt regulations necessary to withhold

2-6  money from the salaries or wages of officers and employees of the

2-7  Executive Department.

2-8  Sec. 2.  NRS 284.013 is hereby amended to read as follows:

2-9  284.013  1.  Except as otherwise provided in subsection 4, this

2-10  chapter does not apply to:

2-11      (a) Agencies, bureaus, commissions, officers or personnel in the

2-12  Legislative Department or the Judicial Department of State

2-13  Government, including the Commission on Judicial Discipline;

2-14      (b) Any person who is employed by a board, commission,

2-15  committee or council created in chapters 590, 623 to 625A,

2-16  inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS;

2-17  or

2-18      (c) Officers or employees of any agency of the Executive

2-19  Department of the State Government who are exempted by specific

2-20  statute.

2-21      2.  Except as otherwise provided in subsection 3, the terms and

2-22  conditions of employment of all persons referred to in subsection 1,

2-23  including salaries not prescribed by law and leaves of absence,

2-24  including, without limitation, annual leave and sick and disability

2-25  leave, must be fixed by the appointing or employing authority

2-26  within the limits of legislative appropriations or authorizations.

2-27      3.  Except as otherwise provided in this subsection, leaves of

2-28  absence prescribed pursuant to subsection 2 must not be of lesser

2-29  duration than those provided for other state officers and employees

2-30  pursuant to the provisions of this chapter. The provisions of this

2-31  subsection do not govern the Legislative Commission with respect

2-32  to the personnel of the Legislative Counsel Bureau.

2-33      4.  Any board, commission, committee or council created in

2-34  chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive,

2-35  648, 652, 654 and 656 of NRS which contracts for the services of a

2-36  person, shall require the contract for those services to be in writing.

2-37  The contract must be approved by the State Board of Examiners

2-38  before those services may be provided.

2-39      5.  To the extent that they are inconsistent or otherwise are in

2-40  conflict, the provisions of this chapter do not apply to any terms or

2-41  conditions of employment that are properly within the scope of

2-42  and subject to the provisions of:

2-43      (a) A collective bargaining agreement or supplemental

2-44  bargaining agreement that is enforceable pursuant to the

2-45  provisions of sections 4 to 50, inclusive, of this act; or

3-1  (b) An agreement concerning the terms and conditions of

3-2  employment for compositors, bindery operators, pressmen and

3-3  assistants that is made pursuant to section 68 of this act between

3-4  the Superintendent of the State Printing Division of the

3-5  Department of Administration and any group or organization that

3-6  represents such employees.

3-7  As used in this subsection, “terms and conditions of employment”

3-8  has the meaning ascribed to it in section 17 of this act.

3-9  Sec. 3.  Chapter 288 of NRS is hereby amended by adding

3-10  thereto the provisions set forth as sections 4 to 50, inclusive, of this

3-11  act.

3-12      Sec. 4.  As used in sections 4 to 50, inclusive, of this act,

3-13  unless the context otherwise requires, the words and terms defined

3-14  in sections 5 to 17, inclusive, of this act have the meanings

3-15  ascribed to them in those sections.

3-16      Sec. 5.  “Bargaining unit” means a collection of employees

3-17  that the Board has established as a bargaining unit pursuant to

3-18  section 27 of this act.

3-19      Sec. 6.  “Board” means the Board for Labor Relations for

3-20  State Employees.

3-21      Sec. 7.  “Chief of the Budget Division” means the Chief of

3-22  the Budget Division of the Department of Administration.

3-23      Sec. 8.  “Collective bargaining” means a method to determine

3-24  the terms and conditions of employment for all employees within a

3-25  bargaining unit through negotiation, mediation or arbitration

3-26  between the Executive Department and the exclusive

3-27  representative of the bargaining unit pursuant to sections 4 to 50,

3-28  inclusive, of this act.

3-29      Sec. 9.  “Confidential employee” means an employee who:

3-30      1.  Assists in the formulation, determination and effectuation

3-31  of personnel policies or managerial policies concerning collective

3-32  bargaining or supplemental bargaining;

3-33      2.  Provides administrative support to an employee described

3-34  in subsection 1; or

3-35      3.  Is employed by the Board.

3-36      Sec. 10.  1.  “Employee” means a person who:

3-37      (a) Is employed in the classified service of the State pursuant

3-38  to chapter 284 of NRS, including, without limitation, persons

3-39  employed in the classified service by the University and

3-40  Community College System of Nevada;

3-41      (b) Is employed by the Public Employees’ Retirement System

3-42  and who is required to be paid in accordance with the pay plan for

3-43  the classified service of the State; and

3-44      (c) Is employed by any other employer that receives money

3-45  from the State of Nevada if the National Labor Relations Board

4-1  has refused to assert jurisdiction over the employer because the

4-2  employer lacks the ultimate authority to determine the primary

4-3  terms and conditions of employment and who is in a position

4-4  similar to a position in the classified service of the State.

4-5  2.  The term does not include:

4-6  (a) An employee whose position is classified at grade 42 or

4-7  higher under the pay plan in existence on January 1, 2003, or

4-8  whose position is given an equivalent classification under any

4-9  subsequently adopted pay plan;

4-10      (b) An employee who is not in the classified or unclassified

4-11  service of the State pursuant to NRS 223.085;

4-12      (c) A compositor, bindery operator, pressman or assistant who

4-13  is employed pursuant to NRS 344.080 by the Superintendent of the

4-14  State Printing Division of the Department of Administration;

4-15      (d) A confidential employee;

4-16      (e) An employee who is normally scheduled to work 20 hours

4-17  or less per week, unless the employee is hired to avoid the

4-18  provisions of sections 4 to 50, inclusive, of this act; and

4-19      (f) A temporary employee who is employed for a fixed period

4-20  of 4 months or less.

4-21      Sec. 11.  “Employee organization” means an organization

4-22  that is created, maintained and operated to represent employees

4-23  concerning the terms and conditions of employment for those

4-24  employees.

4-25      Sec. 12.  “Exclusive representative” means an employee

4-26  organization that, as a result of designation by the Board, has the

4-27  exclusive right to represent all employees within a bargaining unit

4-28  and to negotiate with the Executive Department pursuant to

4-29  sections 4 to 50, inclusive, of this act concerning the terms and

4-30  conditions of employment for those employees.

4-31      Sec. 13.  “Executive Department” means an agency, board,

4-32  bureau, commission, department, division, elected officer or any

4-33  other unit of the Executive Department of State Government.

4-34      Sec. 14.  “Mediation” means assistance by an impartial third

4-35  party to reconcile differences between the Executive Department

4-36  and an exclusive representative through interpretation, suggestion

4-37  and advice.

4-38      Sec. 15.  “Party” includes, without limitation, the Executive

4-39  Department.

4-40      Sec. 16.  “Supplemental bargaining” means bargaining

4-41  concerning the terms and conditions of employment that is

4-42  conducted pursuant to section 45 of this act.

4-43      Sec. 17.  Except as otherwise provided in sections 4 to 50,

4-44  inclusive, of this act, “terms and conditions of employment”

4-45  includes, without limitation:

5-1  1.  Salaries and wages;

5-2  2.  Hours and working conditions;

5-3  3.  Benefits other than benefits related to the Public

5-4  Employees’ Retirement System;

5-5  4.  Grievances; and

5-6  5.  Labor disputes.

5-7  Sec. 18.  The provisions of chapter 241 of NRS do not apply

5-8  to any of the following if conducted for the purposes of sections 4

5-9  to 50, inclusive, of this act:

5-10      1.  A negotiation or informal discussion between the

5-11  Executive Department and an employee organization.

5-12      2.  A meeting or investigation conducted by a mediator or

5-13  arbitrator.

5-14      3.  A meeting between the Executive Department and its

5-15  designated representatives concerning collective bargaining or

5-16  supplemental bargaining.

5-17      Sec. 19.  1.  The Board for Labor Relations for State

5-18  Employees is hereby created, consisting of three members

5-19  appointed as follows:

5-20      (a) One member appointed by the Governor;

5-21      (b) One member appointed by the Majority Leader of the

5-22  Senate; and

5-23      (c) One member appointed by the Speaker of the Assembly.

5-24      2.  The members of the Board must be broadly representative

5-25  of the public and must not be closely allied with any employee

5-26  organization or the Executive Department.

5-27      3.  The term of office of each member of the Board is 4 years.

5-28      4.  The members of the Board serve at the pleasure of the

5-29  appointing authority in each case.

5-30      5.  Any vacancy in the membership of the Board must be filled

5-31  for the remainder of the unexpired term in the same manner as

5-32  the original appointment.

5-33      Sec. 20.  1.  The Board shall annually elect a Chairman and

5-34  a Vice Chairman from among its members. The Vice Chairman

5-35  shall perform the duties of the Chairman during any absence of

5-36  the Chairman.

5-37      2.  Two members of the Board constitute a quorum.

5-38      3.  The Board may, within the limits of legislative

5-39  appropriations:

5-40      (a) Appoint an Executive Secretary, who is in the classified

5-41  service of the State; and

5-42      (b) Employ such clerical personnel as may be necessary, who

5-43  are in the classified service of the State.

6-1  Sec. 21.  1.  Each member of the Board is entitled to receive

6-2  a salary of not more than $80, as fixed by the Board, for each day

6-3  in which the member is engaged in the business of the Board.

6-4  2.  While engaged in the business of the Board, each member

6-5  and employee of the Board is entitled to receive the per diem

6-6  allowance and travel expenses provided for state officers and

6-7  employees generally.

6-8  Sec. 22.  1.  The Board shall adopt regulations concerning:

6-9  (a) The establishment of bargaining units and the

6-10  classifications of employees within each bargaining unit pursuant

6-11  to section 27 of this act;

6-12      (b) The recognition of employee organizations and the

6-13  designation of exclusive representatives pursuant to sections 28 to

6-14  32, inclusive, of this act;

6-15      (c) Procedures for mediation;

6-16      (d) Procedures for arbitration; and

6-17      (e) Hearings and proceedings before the Board, including,

6-18  without limitation, hearings and proceedings conducted pursuant

6-19  to section 48 of this act.

6-20      2.  The Board may adopt any other regulations that are

6-21  necessary to carry out the provisions of sections 4 to 50, inclusive,

6-22  of this act.

6-23      3.  The Board may hear and determine any complaint:

6-24      (a) Arising out of the interpretation or performance of an

6-25  agreement entered into pursuant to sections 4 to 50, inclusive, of

6-26  this act;

6-27      (b) Concerning the classification of an employee within an

6-28  appropriate bargaining unit pursuant to section 27 of this act; or

6-29      (c) Concerning a practice that is prohibited by section 47 of

6-30  this act.

6-31      Sec. 23.  1.  In carrying out the provisions of sections 4 to

6-32  50, inclusive, of this act, the Board may:

6-33      (a) Administer oaths or affirmations;

6-34      (b) Take testimony; and

6-35      (c) Issue subpoenas to compel the attendance and testimony of

6-36  a person and to compel the production of books, papers and other

6-37  items that are relevant to a matter being investigated or considered

6-38  by the Board.

6-39      2.  If a person named in a subpoena fails or refuses to attend

6-40  or testify before the Board, to answer any questions propounded

6-41  by the Board or to produce the books, papers or other items

6-42  required by the subpoena, the Chairman of the Board may petition

6-43  the district court to enter an order compelling the person to attend

6-44  and testify before the Board, to answer the questions propounded

6-45  by the Board or to produce the books, papers or other items

7-1  required by the subpoena. The petition filed by the Chairman must

7-2  set forth that:

7-3  (a) Due notice has been given to the person named in the

7-4  subpoena of the time and place for his attendance and testimony

7-5  before the Board or for the production of the books, papers or

7-6  other items required by the subpoena;

7-7  (b) The person has been subpoenaed by the Board pursuant to

7-8  this section; and

7-9  (c) The person has failed or refused to attend or testify before

7-10  the Board, to answer certain questions propounded by the Board

7-11  or to produce the books, papers or other items required by the

7-12  subpoena.

7-13      3.  Upon such a petition, the court shall enter an order

7-14  directing the person named in the subpoena to:

7-15      (a) Appear before the court at the place and time designated in

7-16  the order. The time designated by the court must be not later than

7-17  10 days after the date of the order.

7-18      (b) Show cause why the person has failed or refused to attend

7-19  or testify before the Board, to answer the questions propounded by

7-20  the Board or to produce the books, papers or other items required

7-21  by the subpoena.

7-22  A certified copy of the order must be served upon the person

7-23  named in the subpoena.

7-24      4.  If it appears to the court that the subpoena was regularly

7-25  issued by the Board and properly served, the court shall enter an

7-26  order directing the person named in the subpoena to appear before

7-27  the Board at the place and time designated in the order and to

7-28  testify before the Board, to answer the questions propounded by

7-29  the Board or to produce the books, papers or other items required

7-30  by the subpoena. Failure to obey the order constitutes contempt of

7-31  court.

7-32      Sec. 24.  1.  A subpoena issued by the Board extends to all

7-33  parts of this state and must be served in accordance with the

7-34  provisions of N.R.C.P. 4(c). The Board may not require a person

7-35  named in a subpoena to attend at a place outside the county in

7-36  which the person resides unless:

7-37      (a) The location of the place is less than 100 miles from the

7-38  person’s primary residence; or

7-39      (b) A party, by affidavit, shows that the testimony of the person

7-40  is material and necessary to the proceedings and the Board

7-41  endorses on the subpoena an order requiring the person to attend

7-42  at the place named in the subpoena, regardless of its location in

7-43  this state.

7-44      2.  A person who appears before the Board pursuant to a

7-45  subpoena is entitled to receive fees and mileage in the same

8-1  amounts and under the same circumstances as prescribed by law

8-2  for a witness in a civil action in the district court, unless the

8-3  person is a party to the proceeding or an officer or employee of

8-4  this state or any of its political subdivisions. As used in this

8-5  subsection, “employee” includes, without limitation, an employee

8-6  in the classified or unclassified service of the State.

8-7  3.  If a person who is entitled to receive fees and mileage

8-8  pursuant to subsection 2 must appear at a hearing before the

8-9  Board at a place located so far from his primary residence that it

8-10  is not reasonable for the person to return to that residence from

8-11  day to day, the person is entitled, in addition to fees and mileage,

8-12  to receive the per diem compensation for subsistence and

8-13  transportation authorized by NRS 281.160 for each day of actual

8-14  attendance at such a hearing and for each day necessarily

8-15  occupied in traveling to and from such a hearing.

8-16      4.  Except as otherwise provided in subsection 5, a party who

8-17  requests that the Board issue a subpoena to a person shall pay to

8-18  the Board the amount of any compensation for subsistence and

8-19  transportation that the person is entitled to receive from the Board

8-20  pursuant to subsection 3.

8-21      5.  As part of an award of costs to the party who prevails in a

8-22  proceeding, the Board may require the party who did not prevail in

8-23  the proceeding to pay to the Board the amount of any

8-24  compensation for subsistence and transportation that the

8-25  prevailing party would have otherwise been required to pay to the

8-26  Board pursuant to subsection 4.

8-27      Sec. 25.  1.  For the purposes of collective bargaining,

8-28  supplemental bargaining and other mutual aid or protection,

8-29  employees have the right to:

8-30      (a) Organize, form, join and assist employee organizations,

8-31  engage in collective bargaining and supplemental bargaining

8-32  through exclusive representatives and engage in other concerted

8-33  activities; and

8-34      (b) Refrain from engaging in any such activity.

8-35      2.  Collective bargaining and supplemental bargaining entail

8-36  a mutual obligation of the Executive Department and an exclusive

8-37  representative to meet at reasonable times and to bargain in good

8-38  faith with respect to:

8-39      (a) The terms and conditions of employment;

8-40      (b) The negotiation of an agreement;

8-41      (c) The resolution of any question arising under an

8-42  agreement; and

8-43      (d) The execution of a written contract incorporating the

8-44  provisions of an agreement, if requested by either party or

8-45  required pursuant to sections 4 to 50, inclusive, of this act.

9-1  3.  The provisions of this section must not be construed to

9-2  compel the Executive Department or an exclusive representative to

9-3  agree to a proposal or to make a concession.

9-4  Sec. 26.  1.  Except as otherwise provided in subsection 2,

9-5  the following subjects are not within the scope of collective

9-6  bargaining or supplemental bargaining pursuant to sections 4 to

9-7  50, inclusive, of this act and are reserved to the Executive

9-8  Department without negotiation:

9-9  (a) The right to hire, direct or assign an employee, except the

9-10  right to reassign an employee as a form of discipline;

9-11      (b) The right to determine the minimum qualifications for a

9-12  job or position and the nature and content of any examination

9-13  offered to applicants for that job or position;

9-14      (c) The right to determine the content of the workday,

9-15  including, without limitation, the amount of work that must be

9-16  performed, except for considerations of safety; and

9-17      (d) The right to take whatever action may be necessary to carry

9-18  out the responsibilities of the Executive Department in a situation

9-19  of emergency, including, without limitation, a riot, military action,

9-20  natural disaster or civil disorder.

9-21      2.  The Executive Department and an exclusive representative

9-22  may negotiate concerning:

9-23      (a) The procedures that the Executive Department will observe

9-24  in exercising the authority reserved to it pursuant to this section;

9-25  and

9-26      (b) The effect of the exercise of such authority by the

9-27  Executive Department.

9-28      Sec. 27.  1.  The Board shall, by regulation, establish

9-29  bargaining units on a statewide basis, including, without

9-30  limitation, the bargaining units described in subsection 2.

9-31      2.  The Board shall establish one bargaining unit for each of

9-32  the following occupational groups and each such bargaining unit

9-33  must include all supervisory employees at the working level of the

9-34  occupational group:

9-35      (a) Labor, maintenance, custodial and institutional employees,

9-36  including, without limitation, employees of penal and correctional

9-37  institutions who are not responsible for security at those

9-38  institutions.

9-39      (b) Administrative and clerical employees, including, without

9-40  limitation, paralegals and employees whose work involves general

9-41  office work, or keeping or examining records and accounts.

9-42      (c) Technical aides to professional employees, including,

9-43  without limitation, computer programmers, tax examiners,

9-44  conservation employees and crew supervisors.

10-1      (d) Professional employees, including, without limitation,

10-2  physical therapists and other employees in medical and other

10-3  professions related to health.  

10-4      (e) Employees, other than professional employees, who provide

10-5  health care and personal care, including, without limitation,

10-6  employees who care for children.

10-7      (f) Officers of the Nevada Highway Patrol who hold the rank

10-8  of sergeant or lower.

10-9      (g) Adult and youth correctional employees, including, without

10-10  limitation, classification caseworkers, group supervisors in

10-11  correctional institutions and forensic specialists.

10-12     (h) Employees, other than officers of the Nevada Highway

10-13  Patrol and adult and youth correctional employees, who have the

10-14  powers of a peace officer and whose work includes investigation,

10-15  the enforcement of statutes, ordinances or regulations, or the

10-16  preservation of public order, including, without limitation, all

10-17  such employees of the Public Utilities Commission of Nevada, the

10-18  Transportation Services Authority and the Taxicab Authority.

10-19     (i) Supervisory employees not otherwise included in other

10-20  bargaining units.

10-21     3.  This section does not prohibit the Board from including

10-22  within an occupational group employees other than those specified

10-23  for that group.

10-24     4.  The Board shall, by regulation, establish the exact

10-25  classifications of employees within each bargaining unit. The

10-26  Board may assign a new classification to a bargaining unit based

10-27  upon the similarity of the new classification to other

10-28  classifications within the bargaining unit.

10-29     5.  The Board shall not change an established bargaining unit

10-30  arbitrarily.

10-31     6.  As used in this section:

10-32     (a) “Professional employee” means an employee engaged in

10-33  work that:

10-34         (1) Is predominantly intellectual and varied in character as

10-35  opposed to routine mental, manual, mechanical or physical work;

10-36         (2) Involves the consistent exercise of discretion and

10-37  judgment in its performance;

10-38         (3) Is of such a character that the result accomplished or

10-39  produced cannot be standardized in relation to a given period; and

10-40         (4) Requires advanced knowledge in a field of science or

10-41  learning customarily acquired through a prolonged course of

10-42  specialized intellectual instruction and study in an institution of

10-43  higher learning, as distinguished from general academic

10-44  education, an apprenticeship or training in the performance of

10-45  routine mental or physical processes.

11-1      (b) “Supervisory employee” means an employee who has

11-2  authority to:

11-3          (1) Hire, transfer, suspend, lay off, recall, promote,

11-4  discharge, assign, reward or discipline other employees, or who

11-5  has the responsibility to direct such employees; or

11-6          (2) Adjust the grievances of other employees or effectively

11-7  recommend such an action, if the exercise of that authority

11-8  requires the use of independent judgment and is not of a routine

11-9  or clerical nature.

11-10     Sec. 28.  1.  If no employee organization is designated as the

11-11  exclusive representative of a bargaining unit and an employee

11-12  organization files with the Board a list of its membership showing

11-13  that the employee organization represents more than 50 percent of

11-14  the employees within the bargaining unit, the Board shall

11-15  designate the employee organization as the exclusive

11-16  representative of the bargaining unit without ordering an election.

11-17     2.  If the Board designates an employee organization as the

11-18  exclusive representative of a bargaining unit without ordering an

11-19  election pursuant to subsection 1 of this section or paragraph (a)

11-20  of subsection 2 of section 29 of this act, the Board shall:

11-21     (a) Without ordering an election, remove the employee

11-22  organization as the exclusive representative of the bargaining unit

11-23  and designate another employee organization as the exclusive

11-24  representative of the bargaining unit if, after June 30 and on or

11-25  before December 31 of an odd-numbered year:

11-26         (1) Another employee organization files with the Board a

11-27  list of its membership showing that it represents more than 50

11-28  percent of the employees within the bargaining unit; and

11-29         (2) The Board has not ordered an election pursuant to

11-30  paragraph (b) during that period; or

11-31     (b) Order an election to be conducted pursuant to section 30 of

11-32  this act if:

11-33         (1) After June 30 and on or before December 31 of an odd-

11-34  numbered year, a group of employees within the bargaining unit

11-35  files with the Board a written request for an election which

11-36  includes a list showing that more than 50 percent of the employees

11-37  within the bargaining unit have requested that an election be

11-38  conducted to change or discontinue representation;

11-39         (2) The Board has not, during that period, designated

11-40  another employee organization as the exclusive representative of

11-41  the bargaining unit pursuant to paragraph (a); and

11-42         (3) No other election to choose, change or discontinue

11-43  representation has been conducted within the bargaining unit

11-44  during the preceding 12 months.

12-1      Sec. 29.  1.  If no employee organization is designated as the

12-2  exclusive representative of a bargaining unit, the Board shall

12-3  order an election to be conducted within the bargaining unit

12-4  pursuant to section 30 of this act if:

12-5      (a) An employee organization files with the Board a written

12-6  request for an election which includes a list of its membership

12-7  showing that it represents at least 30 percent but not more than 50

12-8  percent of the employees within the bargaining unit; and

12-9      (b) No other election to choose, change or discontinue

12-10  representation has been conducted within the bargaining unit

12-11  during the preceding 12 months.

12-12     2.  If the Board designates an employee organization as the

12-13  exclusive representative of a bargaining unit based upon the

12-14  results of an election ordered pursuant to subsection 1 of this

12-15  section or paragraph (b) of subsection 2 of section 28 of this act,

12-16  the Board shall:

12-17     (a) Without ordering an election, remove the employee

12-18  organization as the exclusive representative of the bargaining unit

12-19  and designate another employee organization as the exclusive

12-20  representative of the bargaining unit if, after June 30 and on or

12-21  before December 31 of an odd-numbered year:

12-22         (1) Another employee organization files with the Board a

12-23  list of its membership showing that it represents more than 50

12-24  percent of the employees within the bargaining unit; and

12-25         (2) The Board has not ordered an election pursuant to

12-26  paragraph (b) during that period; or

12-27     (b) Order an election to be conducted pursuant to section 30 of

12-28  this act if:

12-29         (1) After June 30 and on or before December 31 of an odd-

12-30  numbered year:

12-31             (I) Another employee organization files with the Board a

12-32  written request for an election which includes a list of its

12-33  membership showing that the employee organization represents at

12-34  least 30 percent but not more than 50 percent of the employees

12-35  within the bargaining unit; or

12-36             (II) A group of employees within the bargaining unit

12-37  files with the Board a written request for an election which

12-38  includes a list showing that more than 50 percent of the employees

12-39  within the bargaining unit have requested that an election be

12-40  conducted to change or discontinue representation;

12-41         (2) The Board has not, during that period, designated

12-42  another employee organization as the exclusive representative of

12-43  the bargaining unit pursuant to paragraph (a); and

13-1          (3) No other election to choose, change or discontinue

13-2  representation has been conducted within the bargaining unit

13-3  during the preceding 12 months.

13-4      Sec. 30.  1.  If the Board orders an election within a

13-5  bargaining unit pursuant to section 28 or 29 of this act, the Board

13-6  shall order that each of the following be placed as a choice on the

13-7  ballot for the election:

13-8      (a) If applicable, the employee organization that requested the

13-9  election pursuant to section 29 of this act and the employee

13-10  organization that is presently designated as the exclusive

13-11  representative of the bargaining unit pursuant to section 28 or 29

13-12  of this act;

13-13     (b) Any other employee organization that, on or before the

13-14  date that is prescribed by the regulations adopted by the Board,

13-15  files with the Board a written request to be placed on the ballot for

13-16  the election and includes with the written request a list of its

13-17  membership showing that the employee organization represents at

13-18  least 20 percent of the employees within the bargaining unit; and

13-19     (c) A choice for “no representation.”

13-20     2.  If a ballot for an election contains more than two choices

13-21  and none of the choices on the ballot receives a majority of the

13-22  votes cast at the initial election, the Board shall order a runoff

13-23  election between the two choices on the ballot that received the

13-24  highest number of votes at the initial election.

13-25     3.  If the choice for “no representation” receives a majority of

13-26  the votes cast at the initial election or at any runoff election, the

13-27  Board shall designate the bargaining unit as being without

13-28  representation.

13-29     4.  If an employee organization receives a majority of the

13-30  votes cast at the initial election or at any runoff election, the

13-31  Board shall designate the employee organization as the exclusive

13-32  representative of the bargaining unit.

13-33     Sec. 31.  1.  The Board shall preside over all elections that

13-34  are conducted pursuant to sections 4 to 50, inclusive, of this act

13-35  and shall determine the eligibility requirements for employees to

13-36  vote in any such election.

13-37     2.  An employee organization that is placed as a choice on the

13-38  ballot for an election or any employee who is eligible to vote at an

13-39  election may file with the Board a written objection to the results

13-40  of the election. The objection must be filed not later than 10 days

13-41  after the date on which the notice of the results of the election is

13-42  given by the Board.

13-43     3.  In response to a written objection filed pursuant to

13-44  subsection 2 or upon its own motion, the Board may invalidate the

13-45  results of an election and order a new election if the Board finds

14-1  that any conduct or circumstances raise substantial doubt that the

14-2  results of the election are reliable.

14-3      Sec. 32.  1.  The Board may designate an employee

14-4  organization as the exclusive representative of more than one

14-5  bargaining unit if the employee organization meets the

14-6  requirements set forth in section 28 or 29 of this act to be

14-7  designated as the exclusive representative of each such bargaining

14-8  unit separately.

14-9      2.  If the Board designates an employee organization as the

14-10  exclusive representative of a bargaining unit pursuant to sections

14-11  4 to 50, inclusive, of this act:

14-12     (a) The employee organization shall be deemed to:

14-13         (1) Be a party to any collective bargaining agreement or

14-14  supplemental bargaining agreement then in effect between the

14-15  Executive Department and the bargaining unit; and

14-16         (2) Assume all the rights and privileges of the previous

14-17  exclusive representative under any such agreement, but the

14-18  employee organization shall not be deemed to assume any costs or

14-19  liabilities incurred by the previous exclusive representative for acts

14-20  that occurred while the previous exclusive representative served in

14-21  that capacity; and

14-22     (b) An officer of the Executive Department may not, pursuant

14-23  to NRS 281.129, withhold any amount of money from the salary or

14-24  wages of an employee within the bargaining unit to pay dues or

14-25  similar fees to an employee organization other than the employee

14-26  organization that is the exclusive representative of the bargaining

14-27  unit.

14-28     Sec. 33.  1.  Except as otherwise provided in subsection 2, an

14-29  exclusive representative shall:

14-30     (a) Act as the agent and exclusive representative of all

14-31  employees within each bargaining unit that it represents;  

14-32     (b) Meet with the Executive Department at reasonable times,

14-33  including, without limitation, meeting with the Executive

14-34  Department reasonably in advance of its budget-making process;

14-35  and

14-36     (c) In good faith and on behalf of each bargaining unit that it

14-37  represents, individually or collectively, negotiate with the

14-38  Executive Department concerning the terms and conditions of

14-39  employment for the employees within each bargaining unit that it

14-40  represents, including, without limitation, any terms and conditions

14-41  of employment that are within the scope of supplemental

14-42  bargaining pursuant to section 45 of this act.

14-43     2.  If an employee is within a bargaining unit that has an

14-44  exclusive representative, the employee has the right to present

14-45  grievances to the Executive Department at any time and to have

15-1  those grievances adjusted without the intervention of the exclusive

15-2  representative if:

15-3      (a) The exclusive representative is given an opportunity to be

15-4  present at any meetings or hearings related to the adjustment of

15-5  the grievance; and

15-6      (b) The adjustment of the grievance is not inconsistent with the

15-7  provisions of the collective bargaining agreement or any

15-8  supplemental bargaining agreement then in effect.

15-9      Sec. 34.  The Governor or a person designated by the

15-10  Governor shall, in good faith and on behalf of the Executive

15-11  Department, negotiate with the exclusive representative of each

15-12  bargaining unit concerning the terms and conditions of

15-13  employment for the employees within the bargaining unit,

15-14  including, without limitation, any terms and conditions of

15-15  employment that are within the scope of supplemental bargaining

15-16  pursuant to section 45 of this act.

15-17     Sec. 35.  1.  The Governor shall sign and enforce any

15-18  collective bargaining agreement reached by the Executive

15-19  Department and an exclusive representative on behalf of the

15-20  employees within a bargaining unit that it represents.

15-21     2.  Each collective bargaining agreement must be in writing,

15-22  must not authorize any conduct that would violate the provisions

15-23  of NRS 288.230 to 288.260, inclusive, and must include, without

15-24  limitation:

15-25     (a) A procedure to resolve grievances which applies to all

15-26  employees in the bargaining unit and which culminates in final

15-27  and binding arbitration; and

15-28     (b) A provision which provides that an officer of the Executive

15-29  Department may, upon written authorization by an employee

15-30  within the bargaining unit, withhold a sufficient amount of money

15-31  from the salary or wages of the employee pursuant to NRS

15-32  281.129 to pay dues or similar fees to the exclusive representative

15-33  of the bargaining unit.

15-34     Sec. 36.  In each even-numbered year, the Executive

15-35  Department and an exclusive representative shall begin

15-36  negotiations concerning a collective bargaining agreement not

15-37  sooner than January 1 of the even-numbered year and not later

15-38  than:

15-39     1.  March 15 of the even-numbered year or any later date in

15-40  that year which is set by agreement of the parties, if the exclusive

15-41  representative is designated by the Board as the exclusive

15-42  representative of the bargaining unit on or before March 1 of the

15-43  same even-numbered year; or

15-44     2.  July 15 of the even-numbered year or any later date in that

15-45  year which is set by agreement of the parties, if the exclusive

16-1  representative is designated by the Board as the exclusive

16-2  representative of the bargaining unit after March 1 of the same

16-3  even-numbered year.

16-4      Sec. 37.  1.  If the parties do not reach a collective

16-5  bargaining agreement through negotiation on or before July 31 of

16-6  the even-numbered year or any later date in that year which is set

16-7  by agreement of the parties, the Board shall appoint a mediator.

16-8      2.  The mediator shall bring the parties together as soon as

16-9  possible after his appointment and shall attempt to settle each

16-10  issue in dispute on or before August 15 of the even-numbered year

16-11  or any later date in that year which is set by the mediator or by

16-12  agreement of the parties.

16-13     3.  The mediator and the parties shall apply and follow the

16-14  procedures for mediation that are prescribed by the regulations

16-15  adopted by the Board. During mediation, the parties retain their

16-16  respective duties to negotiate in good faith.

16-17     4.  The Executive Department and the exclusive representative

16-18  shall each pay one-half of the cost of mediation.

16-19     Sec. 38.  1.  If the mediator determines that his services are

16-20  no longer helpful or if the parties do not reach a collective

16-21  bargaining agreement through mediation on or before August 15

16-22  of the even-numbered year or any later date in that year which is

16-23  set by the mediator or by agreement of the parties pursuant to

16-24  section 37 of this act, the mediator shall discontinue meditation

16-25  and the parties shall attempt to agree upon an impartial arbitrator.

16-26     2.  If the parties do not agree upon an impartial arbitrator

16-27  within 5 days after the date on which mediation is discontinued

16-28  pursuant to subsection 1 or on or before any later date in that year

16-29  which is set by agreement of the parties, the parties shall request

16-30  from the American Arbitration Association a list of seven potential

16-31  arbitrators. The parties shall select an arbitrator from this list by

16-32  alternately striking one name until the name of only one arbitrator

16-33  remains, and that arbitrator must hear the dispute in question.

16-34  The exclusive representative shall strike the first name.

16-35     3.  The arbitrator shall begin arbitration proceedings on or

16-36  before September 15 of the even-numbered year or any later date

16-37  in that year which is set by agreement of the parties.

16-38     4.  The arbitrator and the parties shall apply and follow the

16-39  procedures for arbitration that are prescribed by the regulations

16-40  adopted by the Board. During arbitration, the parties retain their

16-41  respective duties to negotiate in good faith.

16-42     5.  The arbitrator may administer oaths or affirmations, take

16-43  testimony and issue and seek enforcement of subpoenas in the

16-44  same manner as the Board pursuant to sections 23 and 24 of this

16-45  act and, except as otherwise provided in subsection 6, the

17-1  provisions of sections 23 and 24 of this act apply to subpoenas

17-2  issued by the arbitrator.

17-3      6.  The Executive Department and the exclusive representative

17-4  shall each pay one-half of the cost of arbitration, including,

17-5  without limitation, the fees and mileage and any compensation for

17-6  subsistence and transportation that a person is entitled to receive

17-7  pursuant to subsections 2 and 3 of section 24 of this act for

17-8  appearing before the arbitrator pursuant to a subpoena. The

17-9  provisions of subsections 4 and 5 of section 24 of this act do not

17-10  apply to a subpoena issued by the arbitrator.

17-11     Sec. 39.  1.  For each separate issue that is in dispute after

17-12  arbitration proceedings are held pursuant to section 38 of this act,

17-13  the arbitrator shall incorporate either the final offer of the

17-14  Executive Department or the final offer of the exclusive

17-15  representative into his decision. The arbitrator shall not revise or

17-16  amend the final offer of either party on any issue.

17-17     2.  To determine which final offers to incorporate into his

17-18  decision, the arbitrator shall assess the reasonableness of:

17-19     (a) The position of each party as to each issue in dispute; and

17-20     (b) The contractual terms and provisions contained in each

17-21  final offer.

17-22     3.  In assessing reasonableness pursuant to subsection 2, the

17-23  arbitrator shall:

17-24     (a) Compare the terms and conditions of employment for the

17-25  employees within the bargaining unit with the terms and

17-26  conditions of employment for other employees performing similar

17-27  services and for other employees generally:

17-28         (1) In public employment in comparable communities; and

17-29         (2) In private employment in comparable communities; and

17-30     (b) Consider, without limitation:

17-31         (1) The average consumer prices for goods and services;

17-32  and

17-33         (2) Such other factors as are normally or traditionally used

17-34  as part of collective bargaining, mediation, arbitration or other

17-35  methods of dispute resolution to determine the terms and

17-36  conditions of employment for employees in public or private

17-37  employment.

17-38     4.  The arbitrator shall render a written decision on or before

17-39  October 15 of the even-numbered year or on or before any later

17-40  date which is set by agreement of the parties and which is not later

17-41  than December 31 of the even-numbered year.

17-42     5.  Except as otherwise provided in sections 40, 43, 44 and 50

17-43  of this act, each provision that is included in a decision of the

17-44  arbitrator is final and binding upon the parties.

18-1      Sec. 40.  1.  Except as otherwise provided in this section,

18-2  after an arbitrator renders a decision pursuant to section 39 of this

18-3  act, the parties may agree to open or reopen negotiations

18-4  concerning any terms and conditions of employment, whether or

18-5  not such terms and conditions of employment were included in the

18-6  decision of the arbitrator, and may agree to revise or amend the

18-7  decision of the arbitrator.

18-8      2.  The provisions of any agreement by the parties to revise or

18-9  amend the decision of the arbitrator must be in writing.

18-10     3.  If the parties reach an agreement to revise or amend the

18-11  decision of the arbitrator before the date on which the decision of

18-12  the arbitrator must be submitted to the Governor and the Chief of

18-13  the Budget Division pursuant to section 41 of this act, the

18-14  provisions of that agreement:

18-15     (a) Shall be deemed to be incorporated into the decision of the

18-16  arbitrator; and

18-17     (b) Must be given effect over any conflicting provision in the

18-18  decision of the arbitrator.

18-19     4.  If the parties do not reach an agreement to revise or amend

18-20  the decision of the arbitrator before the date on which the decision

18-21  of the arbitrator must be submitted to the Governor and the Chief

18-22  of the Budget Division pursuant to section 41 of this act, the

18-23  parties shall submit the decision of the arbitrator to the Governor

18-24  and the Chief of the Budget Division without revision or

18-25  amendment.

18-26     Sec. 41.  1.  On or before December 31 of the even-

18-27  numbered year in which negotiations began, the parties shall

18-28  submit to the Governor and the Chief of the Budget Division:

18-29     (a) If arbitration was not required, the collective bargaining

18-30  agreement reached by the parties through negotiation; or

18-31     (b) If arbitration was required, the decision of the arbitrator

18-32  without revision or amendment or, if applicable, as revised or

18-33  amended by the parties pursuant to section 40 of this act. If so

18-34  submitted, the decision of the arbitrator without revision or

18-35  amendment or, if applicable, as revised or amended, shall be

18-36  deemed to be the collective bargaining agreement between the

18-37  parties.

18-38     2.  In the proposed executive budget which is prepared by the

18-39  Chief of the Budget Division pursuant to NRS 353.230 and which

18-40  is submitted to the Legislature pursuant to Section 2 of Article 4 of

18-41  the Constitution of this state, the Chief of the Budget Division and

18-42  the Governor shall include requests for appropriations from the

18-43  Legislature in amounts that are sufficient to give effect to each

18-44  provision of the collective bargaining agreement that requires

18-45  such an appropriation.

19-1      Sec. 42.  1.  If a provision of a collective bargaining

19-2  agreement does not require an appropriation from the Legislature

19-3  to be given effect, the provision:

19-4      (a) Becomes effective on July 1 of the odd-numbered year

19-5  following the even-numbered year in which negotiations began,

19-6  whether or not the Legislature makes any appropriation in a

19-7  regular or special session to give effect to any other provision of

19-8  the collective bargaining agreement; and

19-9      (b) Expires on June 30 of the next odd-numbered year.

19-10     2.  Except as otherwise provided in sections 43 and 44 of this

19-11  act, if a provision of the collective bargaining agreement requires

19-12  an appropriation from the Legislature to be given effect, the

19-13  provision:

19-14     (a) Becomes effective on July 1 of the odd-numbered year

19-15  following the even-numbered year in which negotiations began

19-16  only if the Legislature, at a regular session or any special session

19-17  that commences before that date, makes an appropriation that is

19-18  sufficient to give effect to the provision; and

19-19     (b) Expires on June 30 of the next odd-numbered year.

19-20     Sec. 43.  1.  During the regular session or any special

19-21  session of the Legislature that commences before July 1 of the

19-22  odd-numbered year following the even-numbered year in which

19-23  negotiations began, the parties may agree, in writing, to revise or

19-24  amend any provision of the collective bargaining agreement that

19-25  requires an appropriation from the Legislature to be given effect.

19-26     2.  If the parties agree to revise or amend such a provision, the

19-27  parties shall submit the revised or amended provision to the

19-28  Legislative Counsel with sufficiently detailed information to

19-29  enable the Legislative Counsel to prepare any necessary legislative

19-30  measures.

19-31     3.  If the Legislature, in a bill passed at the regular or special

19-32  session, expressly approves the provision as revised or amended

19-33  and makes an appropriation that is sufficient to give effect to the

19-34  provision as revised or amended, the provision as revised or

19-35  amended becomes effective and expires at the same time as other

19-36  provisions in the collective bargaining agreement.

19-37     Sec. 44.  1.  At any time after the Legislature makes an

19-38  appropriation that is sufficient to give effect to a provision in a

19-39  collective bargaining agreement, whether or not the provision has

19-40  become effective, the Legislature may, in a bill or concurrent

19-41  resolution passed at a regular or special session, suspend the

19-42  operation of the provision in whole or in part and for all or for

19-43  some of its unexpired term.

19-44     2.  If a provision is suspended pursuant to subsection 1, the

19-45  parties may agree, in writing during the regular or special session,

20-1  to revise or amend the suspended provision or any other provision

20-2  of the collective bargaining agreement for which an appropriation

20-3  has been made by the Legislature, whether or not such a provision

20-4  has been suspended.

20-5      3.  If the parties agree to revise or amend such a provision, the

20-6  parties shall submit the revised or amended provision to the

20-7  Legislative Counsel with sufficiently detailed information to

20-8  enable the Legislative Counsel to prepare any necessary legislative

20-9  measures.

20-10     4.  If the Legislature, in a bill passed at the regular or special

20-11  session, expressly approves the provision as revised or amended

20-12  and makes an appropriation that is sufficient to give effect to the

20-13  provision as revised or amended, the provision as revised or

20-14  amended becomes effective on the date set in the bill and expires

20-15  at the same time as other provisions in the collective bargaining

20-16  agreement.

20-17     Sec. 45.  1.  Except as otherwise provided in this section, if

20-18  any provision of a collective bargaining agreement is in effect

20-19  between the Executive Department and a bargaining unit

20-20  pursuant to sections 42, 43 and 44 of this act, the Executive

20-21  Department and the exclusive representative of the bargaining

20-22  unit may engage in supplemental bargaining concerning any

20-23  terms and conditions of employment which are peculiar to or

20-24  which uniquely affect fewer than all the employees within the

20-25  bargaining unit if such supplemental terms and conditions of

20-26  employment:

20-27     (a) Are not included in any provision of the collective

20-28  bargaining agreement then in effect between the Executive

20-29  Department and the bargaining unit; and

20-30     (b) Do not require an appropriation from the Legislature to be

20-31  given effect.

20-32     2.  The Executive Department and an exclusive representative

20-33  may engage in supplemental bargaining pursuant to subsection 1

20-34  for fewer than all the employees within two or more bargaining

20-35  units that the exclusive representative represents if the

20-36  requirements of subsection 1 are met for each such bargaining

20-37  unit.

20-38     3.  If the parties reach a supplemental bargaining agreement

20-39  pursuant to this section, the provisions of the supplemental

20-40  bargaining agreement:

20-41     (a) Must be in writing; and

20-42     (b) Shall be deemed to be incorporated into the provisions of

20-43  each collective bargaining agreement then in effect between the

20-44  Executive Department and the employees who are subject to the

20-45  supplemental bargaining agreement if the provisions of the

21-1  supplemental bargaining agreement do not conflict with the

21-2  provisions of the collective bargaining agreement.

21-3      4.  If any provision of the supplemental bargaining agreement

21-4  conflicts with any provision of the collective bargaining

21-5  agreement, the provision of the supplemental bargaining

21-6  agreement is void and the provision of the collective bargaining

21-7  agreement must be given effect.

21-8      5.  The provisions of the supplemental bargaining agreement

21-9  expire at the same time as the other provisions of the collective

21-10  bargaining agreement into which they are incorporated.

21-11     6.  The Executive Department and an exclusive representative

21-12  may not engage in supplemental bargaining pursuant to this

21-13  section:

21-14     (a) In an even-numbered year, on or after the date on which

21-15  the Executive Department and the exclusive representative begin

21-16  negotiations pursuant to section 36 of this act concerning a

21-17  collective bargaining agreement; and

21-18     (b) In the following odd-numbered year, before July 1.

21-19     7.  The Executive Department and an exclusive representative

21-20  may, during collective bargaining conducted pursuant to sections

21-21  36 to 44, inclusive, of this act, negotiate and include in a collective

21-22  bargaining agreement any terms and conditions of employment

21-23  that would otherwise be within the scope of supplemental

21-24  bargaining conducted pursuant to this section.

21-25     Sec. 46.  1.  Except as otherwise provided in NRS 284.013:

21-26     (a) If any provision of a collective bargaining agreement

21-27  conflicts with any provision of NRS or a special act, the provision

21-28  of the collective bargaining agreement is void and must not be

21-29  given effect, unless the Legislature expressly acknowledges the

21-30  conflict and approves the provision of the collective bargaining

21-31  agreement in a bill or concurrent resolution passed at a regular or

21-32  special session; and

21-33     (b) If any provision of a supplemental bargaining agreement

21-34  conflicts with any provision of NRS or a special act, the provision

21-35  of the supplemental bargaining agreement is void and must not be

21-36  given effect.

21-37     2.  If any provision of a collective bargaining agreement or

21-38  supplemental bargaining agreement conflicts with any rule or

21-39  regulation adopted by an employer, the provision of the collective

21-40  bargaining agreement or supplemental bargaining agreement

21-41  prevails and must be given effect.

21-42     3.  The provisions of a collective bargaining agreement or

21-43  supplemental bargaining agreement are severable. If any

21-44  provision of a collective bargaining agreement or supplemental

21-45  bargaining agreement is invalidated on its face or as applied, such

22-1  invalidity does not affect the other provisions of the agreement or

22-2  the application of those provisions if such other provisions can be

22-3  given effect without the invalidated provision.

22-4      Sec. 47.  1.  It is a prohibited practice for the Executive

22-5  Department or its designated representative willfully to:

22-6      (a) Refuse to engage in collective bargaining or otherwise fail

22-7  to bargain in good faith with an exclusive representative,

22-8  including, without limitation, refusing to engage in mediation or

22-9  arbitration.

22-10     (b) Interfere with, restrain or coerce an employee in the

22-11  exercise of any right guaranteed pursuant to sections 4 to 50,

22-12  inclusive, of this act.

22-13     (c) Dominate, interfere with or assist in the formation or

22-14  administration of an employee organization.

22-15     (d) Discriminate in regard to hiring, tenure or any terms and

22-16  conditions of employment to encourage or discourage membership

22-17  in an employee organization.

22-18     (e) Discharge or otherwise discriminate against an employee

22-19  because the employee has:

22-20         (1) Signed or filed an affidavit, petition or complaint or has

22-21  provided any information or given any testimony pursuant to

22-22  sections 4 to 50, inclusive, of this act; or

22-23         (2) Formed, joined or chosen to be represented by an

22-24  employee organization.

22-25     (f) Discriminate because of race, color, religion, sex, sexual

22-26  orientation, age, disability, national origin, or political or personal

22-27  reasons or affiliations.

22-28     (g) Deny rights accompanying a designation as an exclusive

22-29  representative.

22-30     2.  It is a prohibited practice for an employee organization or

22-31  its designated agent willfully to:

22-32     (a) When acting as an exclusive representative, refuse to

22-33  engage in collective bargaining or otherwise fail to bargain in

22-34  good faith with the Executive Department, including, without

22-35  limitation, refusing to engage in mediation or arbitration.

22-36     (b) Interfere with, restrain or coerce an employee in the

22-37  exercise of any right guaranteed pursuant to sections 4 to 50,

22-38  inclusive, of this act.

22-39     (c) Discriminate because of race, color, religion, sex, sexual

22-40  orientation, age, disability, national origin, or political or personal

22-41  reasons or affiliations.

22-42     Sec. 48.  1.  To establish that a party has committed a

22-43  prohibited practice in violation of section 47 of this act, the party

22-44  aggrieved by the practice must file a complaint with the Board and

23-1  must prove the allegations contained in the complaint at a hearing

23-2  conducted in accordance with:

23-3      (a) The provisions of chapter 233B of NRS that apply to a

23-4  contested case; and

23-5      (b) The regulations adopted by the Board.

23-6      2.  If the Board finds that the party accused in the complaint

23-7  has committed a prohibited practice, the Board:

23-8      (a) Shall order the party to cease and desist from engaging in

23-9  the prohibited practice; and

23-10     (b) May order any other affirmative relief that is necessary to

23-11  remedy the prohibited practice.

23-12     3.  The Board may petition the district court for enforcement

23-13  of its orders.

23-14     4.  Any order or decision issued by the Board pursuant to this

23-15  section concerning the merits of a complaint is a final decision in

23-16  a contested case and may be appealed pursuant to the provisions

23-17  of chapter 233B of NRS that apply to a contested case, except that

23-18  a party aggrieved by the order or decision of the Board must file a

23-19  petition for judicial review not later than 10 days after being

23-20  served with the order or decision of the Board.

23-21     Sec. 49.  1.  Except as otherwise provided by specific statute,

23-22  an employee organization and the Executive Department may sue

23-23  or be sued as an entity pursuant to sections 4 to 50, inclusive, of

23-24  this act.

23-25     2.  If any action or proceeding is brought by or against an

23-26  employee organization pursuant to sections 4 to 50, inclusive, of

23-27  this act, the district court for the county in which the employee

23-28  organization maintains its principal office or the county in which

23-29  the claim arose has jurisdiction over any claim brought pursuant

23-30  to sections 4 to 50, inclusive, of this act.

23-31     3.  A natural person and his assets are not subject to liability

23-32  for any judgment awarded pursuant to sections 4 to 50, inclusive,

23-33  of this act against the Executive Department or an employee

23-34  organization.

23-35     Sec. 50.  1.  Except as otherwise provided in this section, a

23-36  party may seek judicial review in the district court of the decision

23-37  of an arbitrator made pursuant to section 39 of this act based upon

23-38  jurisdictional grounds or upon the grounds that the decision:

23-39     (a) Was procured by fraud, collusion or other similar unlawful

23-40  means; or

23-41     (b) Was not supported by competent, material and substantial

23-42  evidence on the whole record and based upon the factors set forth

23-43  in section 39 of this act.

24-1      2.  If a party seeks judicial review pursuant to this section, the

24-2  district court may stay the contested portion of the decision of the

24-3  arbitrator until the court rules on the matter.

24-4      3.  The district court may affirm or reverse the contested

24-5  portion of the decision of the arbitrator, in whole or in part, but

24-6  the court may not remand the matter to the arbitrator or require

24-7  any additional fact-finding or decision making by the arbitrator.

24-8      4.  If the district court reverses any part of the contested

24-9  portion of the decision of the arbitrator, the court shall enter an

24-10  order invalidating that part of the decision of the arbitrator, and

24-11  that part of the decision of the arbitrator is void and must not be

24-12  given effect.

24-13     5.  A party may not seek judicial review of the decision of the

24-14  arbitrator pursuant to this section:

24-15     (a) In the same even-numbered year in which the decision of

24-16  the arbitrator was made; and

24-17     (b) In the following odd-numbered year, before July 1.

24-18     Sec. 51.  NRS 288.020 is hereby amended to read as follows:

24-19     288.020  As used in [this chapter,] NRS 288.020 to 288.280,

24-20  inclusive, unless the context otherwise requires, the words and terms

24-21  defined in NRS 288.025 to 288.075, inclusive, have the meanings

24-22  ascribed to them in those sections.

24-23     Sec. 52.  NRS 288.110 is hereby amended to read as follows:

24-24     288.110  1.  The Board may make rules governing:

24-25     (a) Proceedings before it;

24-26     (b) Procedures for fact-finding;

24-27     (c) The recognition of employee organizations; and

24-28     (d) The determination of bargaining units.

24-29     2.  The Board may hear and determine any complaint arising

24-30  out of the interpretation of, or performance under, the provisions of

24-31  [this chapter] NRS 288.020 to 288.280, inclusive, by any local

24-32  government employer, local government employee or employee

24-33  organization. The Board shall conduct a hearing within 90 days after

24-34  it decides to hear a complaint. The Board, after a hearing, if it finds

24-35  that the complaint is well taken, may order any person to refrain

24-36  from the action complained of or to restore to the party aggrieved

24-37  any benefit of which he has been deprived by that action. The Board

24-38  shall issue its decision within 120 days after the hearing on the

24-39  complaint is completed.

24-40     3.  Any party aggrieved by the failure of any person to obey an

24-41  order of the Board issued pursuant to subsection 2, or the Board at

24-42  the request of such a party, may apply to a court of competent

24-43  jurisdiction for a prohibitory or mandatory injunction to enforce the

24-44  order.

25-1      4.  The Board may not consider any complaint or appeal filed

25-2  more than 6 months after the occurrence which is the subject of the

25-3  complaint or appeal.

25-4      5.  The Board may decide without a hearing a contested matter:

25-5      (a) In which all of the legal issues have been previously decided

25-6  by the Board, if it adopts its previous decision or decisions as

25-7  precedent; or

25-8      (b) Upon agreement of all the parties.

25-9      6.  The Board may award reasonable costs, which may include

25-10  attorneys’ fees, to the prevailing party.

25-11     Sec. 53.  NRS 288.120 is hereby amended to read as follows:

25-12     288.120  1.  For the purpose of hearing and deciding appeals

25-13  or complaints, the Board may issue subpoenas requiring the

25-14  attendance of witnesses before it, together with all books,

25-15  memoranda, papers and other documents relative to the matters

25-16  under investigation, administer oaths and take testimony thereunder.

25-17     2.  The district court in and for the county in which any hearing

25-18  is being conducted by the Board may compel the attendance of

25-19  witnesses, the giving of testimony and the production of books and

25-20  papers as required by any subpoena issued by the Board.

25-21     3.  In case of the refusal of any witness to attend or testify or

25-22  produce any papers required by such a subpoena, the Board may

25-23  report to the district court in and for the county in which the hearing

25-24  is pending by petition, setting forth:

25-25     (a) That due notice has been given of the time and place of

25-26  attendance of the witness or the production of the books and papers;

25-27     (b) That the witness has been subpoenaed in the manner

25-28  prescribed in [this chapter;] NRS 288.020 to 288.280, inclusive; and

25-29     (c) That the witness has failed and refused to attend or produce

25-30  the papers required by subpoena before the Board in the hearing

25-31  named in the subpoena, or has refused to answer questions

25-32  propounded to him in the course of [such] the hearing,

25-33  and asking an order of the court compelling the witness to attend

25-34  and testify or produce the books or papers before the Board.

25-35     4.  The court, upon petition of the Board, shall enter an order

25-36  directing the witness to appear before the court at a time and place

25-37  to be fixed by the court in [such] the order, the time to be not more

25-38  than 10 days [from] after the date of the order, and then and there

25-39  show cause why he has not attended or testified or produced the

25-40  books or papers before the Board. A certified copy of the order

25-41  [shall] must be served upon the witness. If it appears to the court

25-42  that the subpoena was regularly issued by the Board, the court shall

25-43  thereupon enter an order that the witness appear before the Board at

25-44  the time and place fixed in the order and testify or produce the

26-1  required books or papers, and upon failure to obey the order , the

26-2  witness [shall] must be dealt with as for contempt of court.

26-3      Sec. 54.  NRS 288.140 is hereby amended to read as follows:

26-4      288.140  1.  It is the right of every local government

26-5  employee, subject to the limitation provided in subsection 3, to join

26-6  any employee organization of his choice or to refrain from joining

26-7  any employee organization. A local government employer shall not

26-8  discriminate in any way among its employees on account of

26-9  membership or nonmembership in an employee organization.

26-10     2.  The recognition of an employee organization for negotiation,

26-11  pursuant to [this chapter,] NRS 288.020 to 288.280, inclusive, does

26-12  not preclude any local government employee who is not a member

26-13  of that employee organization from acting for himself with respect

26-14  to any condition of his employment, but any action taken on a

26-15  request or in adjustment of a grievance [shall] must be consistent

26-16  with the terms of an applicable negotiated agreement, if any.

26-17     3.  A police officer, sheriff, deputy sheriff or other law

26-18  enforcement officer may be a member of an employee organization

26-19  only if [such] the employee organization is composed exclusively of

26-20  law enforcement officers.

26-21     Sec. 55.  NRS 288.150 is hereby amended to read as follows:

26-22     288.150  1.  Except as otherwise provided in subsection 4,

26-23  every local government employer shall negotiate in good faith

26-24  through one or more representatives of its own choosing concerning

26-25  the mandatory subjects of bargaining set forth in subsection 2 with

26-26  the designated representatives of the recognized employee

26-27  organization, if any, for each appropriate bargaining unit among its

26-28  employees. If either party so requests, agreements reached must be

26-29  reduced to writing.

26-30     2.  The scope of mandatory bargaining is limited to:

26-31     (a) Salary or wage rates or other forms of direct monetary

26-32  compensation.

26-33     (b) Sick leave.

26-34     (c) Vacation leave.

26-35     (d) Holidays.

26-36     (e) Other paid or nonpaid leaves of absence.

26-37     (f) Insurance benefits.

26-38     (g) Total hours of work required of an employee on each

26-39  workday or workweek.

26-40     (h) Total number of days’ work required of an employee in a

26-41  work year.

26-42     (i) Discharge and disciplinary procedures.

26-43     (j) Recognition clause.

26-44     (k) The method used to classify employees in the bargaining

26-45  unit.

27-1      (l) Deduction of dues for the recognized employee organization.

27-2      (m) Protection of employees in the bargaining unit from

27-3  discrimination because of participation in recognized employee

27-4  organizations consistent with the provisions of [this chapter.] NRS

27-5  288.020 to 288.280, inclusive.

27-6      (n) No-strike provisions consistent with the provisions of [this

27-7  chapter.] NRS 288.020 to 288.280, inclusive.

27-8      (o) Grievance and arbitration procedures for resolution of

27-9  disputes relating to interpretation or application of collective

27-10  bargaining agreements.

27-11     (p) General savings clauses.

27-12     (q) Duration of collective bargaining agreements.

27-13     (r) Safety of the employee.

27-14     (s) Teacher preparation time.

27-15     (t) Materials and supplies for classrooms.

27-16     (u) The policies for the transfer and reassignment of teachers.

27-17     (v) Procedures for reduction in workforce.

27-18     3.  Those subject matters which are not within the scope of

27-19  mandatory bargaining and which are reserved to the local

27-20  government employer without negotiation include:

27-21     (a) Except as otherwise provided in paragraph (u) of subsection

27-22  2, the right to hire, direct, assign or transfer an employee, but

27-23  excluding the right to assign or transfer an employee as a form of

27-24  discipline.

27-25     (b) The right to reduce in force or lay off any employee because

27-26  of lack of work or lack of money, subject to paragraph (v) of

27-27  subsection 2.

27-28     (c) The right to determine:

27-29         (1) Appropriate staffing levels and work performance

27-30  standards, except for safety considerations;

27-31         (2) The content of the workday, including , without

27-32  limitation , workload factors, except for safety considerations;

27-33         (3) The quality and quantity of services to be offered to the

27-34  public; and

27-35         (4) The means and methods of offering those services.

27-36     (d) Safety of the public.

27-37     4.  Notwithstanding the provisions of any collective bargaining

27-38  agreement negotiated pursuant to [this chapter,] NRS 288.020 to

27-39  288.280, inclusive, a local government employer is entitled to take

27-40  whatever actions may be necessary to carry out its responsibilities in

27-41  situations of emergency such as a riot, military action, natural

27-42  disaster or civil disorder. Those actions may include the suspension

27-43  of any collective bargaining agreement for the duration of the

27-44  emergency. Any action taken under the provisions of this subsection

27-45  must not be construed as a failure to negotiate in good faith.

28-1      5.  The provisions of [this chapter,] NRS 288.020 to 288.280,

28-2  inclusive, including , without limitation , the provisions of this

28-3  section, recognize and declare the ultimate right and responsibility

28-4  of the local government employer to manage its operation in the

28-5  most efficient manner consistent with the best interests of all its

28-6  citizens, its taxpayers and its employees.

28-7      6.  This section does not preclude, but [this chapter does] NRS

28-8  288.020 to 288.280, inclusive, do not require , the local government

28-9  employer to negotiate subject matters enumerated in subsection 3

28-10  which are outside the scope of mandatory bargaining. The local

28-11  government employer shall discuss subject matters outside the scope

28-12  of mandatory bargaining , but it is not required to negotiate those

28-13  matters.

28-14     7.  Contract provisions presently existing in signed and ratified

28-15  agreements as of May 15, 1975, at 12 p.m. remain negotiable.

28-16     Sec. 56.  NRS 288.155 is hereby amended to read as follows:

28-17     288.155  Agreements entered into between local government

28-18  employers and employee organizations pursuant to [this chapter]

28-19  NRS 288.020 to 288.280, inclusive, may extend beyond the term of

28-20  office of any member or officer of the local government employer.

28-21     Sec. 57.  NRS 288.180 is hereby amended to read as follows:

28-22     288.180  1.  Whenever an employee organization desires to

28-23  negotiate concerning any matter which is subject to negotiation

28-24  pursuant to [this chapter,] NRS 288.020 to 288.280, inclusive, it

28-25  shall give written notice of that desire to the local government

28-26  employer. If the subject of negotiation requires the budgeting of

28-27  money by the local government employer, the employee

28-28  organization shall give notice on or before February 1.

28-29     2.  Following the notification provided for in subsection 1, the

28-30  employee organization or the local government employer may

28-31  request reasonable information concerning any subject matter

28-32  included in the scope of mandatory bargaining which it deems

28-33  necessary for and relevant to the negotiations. The information

28-34  requested must be furnished without unnecessary delay. The

28-35  information must be accurate, and must be presented in a form

28-36  responsive to the request and in the format in which the records

28-37  containing it are ordinarily kept. If the employee organization

28-38  requests financial information concerning a metropolitan police

28-39  department, the local government employers which form that

28-40  department shall furnish the information to the employee

28-41  organization.

28-42     3.  The parties shall promptly commence negotiations. As the

28-43  first step, the parties shall discuss the procedures to be followed if

28-44  they are unable to agree on one or more issues.

29-1      4.  This section does not preclude, but [this chapter does] NRS

29-2  288.020 to 288.280, inclusive, do not require, informal discussion

29-3  between an employee organization and a local government

29-4  employer of any matter which is not subject to negotiation or

29-5  contract [under this chapter.] pursuant to NRS 288.020 to 288.280,

29-6  inclusive. Any such informal discussion is exempt from all

29-7  requirements of notice or time schedule.

29-8      Sec. 58.  NRS 288.210 is hereby amended to read as follows:

29-9      288.210  1.  For the purpose of investigating disputes, the fact

29-10  finder may issue subpoenas requiring the attendance of witnesses

29-11  before him, together with all books, memoranda, papers and other

29-12  documents relative to the matters under investigation, administer

29-13  oaths and take testimony thereunder.

29-14     2.  The district court in and for the county in which any

29-15  investigation is being conducted by a fact finder may compel the

29-16  attendance of witnesses, the giving of testimony and the production

29-17  of books and papers as required by any subpoena issued by the fact

29-18  finder.

29-19     3.  In case of the refusal of any witness to attend or testify or

29-20  produce any papers required by such a subpoena, the fact finder

29-21  may report to the district court in and for the county in which the

29-22  investigation is pending by petition, setting forth:

29-23     (a) That due notice has been given of the time and place of

29-24  attendance of the witness or the production of the books and papers;

29-25     (b) That the witness has been subpoenaed in the manner

29-26  prescribed in [this chapter;] NRS 288.020 to 288.280, inclusive;

29-27     (c) That the witness has failed and refused to attend or produce

29-28  the papers required by subpoena before the fact finder in the

29-29  investigation named in the subpoena, or has refused to answer

29-30  questions propounded to him in the course of [such] the

29-31  investigation,

29-32  and asking an order of the court compelling the witness to attend

29-33  and testify or produce the books or papers before the fact finder.

29-34     4.  The court, upon petition of the fact finder, shall enter an

29-35  order directing the witness to appear before the court at a time and

29-36  place to be fixed by the court in [such] the order, the time to be not

29-37  more than 10 days [from] after the date of the order, and then and

29-38  there show cause why he has not attended or testified or produced

29-39  the books or papers before the fact finder. A certified copy of the

29-40  order [shall] must be served upon the witness. If it appears to the

29-41  court that the subpoena was regularly issued by the fact finder, the

29-42  court shall thereupon enter an order that the witness appear before

29-43  the fact finder at the time and place fixed in the order and testify or

29-44  produce the required books or papers, and upon failure to obey the

30-1  order , the witness [shall] must be dealt with as for contempt of

30-2  court.

30-3      Sec. 59.  NRS 288.220 is hereby amended to read as follows:

30-4      288.220  The following proceedings, required by or pursuant to

30-5  [this chapter,] NRS 288.020 to 288.280, inclusive, are not subject to

30-6  any provision of NRS which requires a meeting to be open or

30-7  public:

30-8      1.  Any negotiation or informal discussion between a local

30-9  government employer and an employee organization or employees

30-10  as [individuals,] natural persons, whether conducted by the

30-11  governing body or through a representative or representatives.

30-12     2.  Any meeting of a mediator with either party or both parties

30-13  to a negotiation.

30-14     3.  Any meeting or investigation conducted by a fact finder.

30-15     4.  Any meeting of the governing body of a local government

30-16  employer with its management representative or representatives.

30-17     5.  Deliberations of the Board toward a decision on a complaint,

30-18  appeal or petition for declaratory relief.

30-19     Sec. 60.  NRS 288.270 is hereby amended to read as follows:

30-20     288.270  1.  It is a prohibited practice for a local government

30-21  employer or its designated representative willfully to:

30-22     (a) Interfere, restrain or coerce any employee in the exercise of

30-23  any right guaranteed [under this chapter.] pursuant to NRS 288.020

30-24  to 288.280, inclusive.

30-25     (b) Dominate, interfere or assist in the formation or

30-26  administration of any employee organization.

30-27     (c) Discriminate in regard to hiring, tenure or any term or

30-28  condition of employment to encourage or discourage membership in

30-29  any employee organization.

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

30-31  because he has signed or filed an affidavit, petition or complaint or

30-32  given any information or testimony [under this chapter,] pursuant to

30-33  NRS 288.020 to 288.280, inclusive, or because he has formed,

30-34  joined or chosen to be represented by any employee organization.

30-35     (e) Refuse to bargain collectively in good faith with the

30-36  exclusive representative as required in NRS 288.150. Bargaining

30-37  collectively includes the entire bargaining process, including

30-38  mediation and fact-finding, provided for in [this chapter.] NRS

30-39  288.020 to 288.280, inclusive.

30-40     (f) Discriminate because of race, color, religion, sex, sexual

30-41  orientation, age, [physical or visual handicap,] disability or national

30-42  origin , or because of political or personal reasons or affiliations.

30-43     (g) Fail to provide the information required by NRS 288.180.

30-44     2.  It is a prohibited practice for a local government employee

30-45  or for an employee organization or its designated agent willfully to:

31-1      (a) Interfere with, restrain or coerce any employee in the

31-2  exercise of any right guaranteed [under this chapter.] pursuant to

31-3  NRS 288.020 to 288.280, inclusive.

31-4      (b) Refuse to bargain collectively in good faith with the local

31-5  government employer, if it is an exclusive representative, as

31-6  required in NRS 288.150. Bargaining collectively includes the entire

31-7  bargaining process, including mediation and fact-finding, provided

31-8  for in [this chapter.] NRS 288.020 to 288.280, inclusive.

31-9      (c) Discriminate because of race, color, religion, sex, sexual

31-10  orientation, age, [physical or visual handicap,] disability or national

31-11  origin , or because of political or personal reasons or affiliations.

31-12     (d) Fail to provide the information required by NRS 288.180.

31-13     Sec. 61.  NRS 62.1266 is hereby amended to read as follows:

31-14     62.1266  1.  The board of county commissioners may provide

31-15  for the appointment of one or more probation officers and assistant

31-16  probation officers and such other employees as may be necessary to

31-17  carry out the duties of the department.

31-18     2.  Probation officers, assistant probation officers and other

31-19  employees authorized pursuant to this section are employees of the

31-20  county, subject to the provisions of the merit personnel system

31-21  unless exempt pursuant to NRS 245.216, and are local government

31-22  employees for the purposes of [chapter 288 of NRS.] NRS 288.020

31-23  to 288.280, inclusive. Probation officers, assistant probation officers

31-24  and other employees hired before the effective date of the ordinance

31-25  establishing the department may be dismissed only for cause.

31-26     3.  All information obtained in the discharge of duty by a

31-27  probation officer, assistant probation officer or other employee of

31-28  the department is privileged and must not be disclosed to any person

31-29  other than the director of the department, the judges and the

31-30  employees of the judicial district, such officers, employees and

31-31  agents of the district court as the judges of the judicial district direct

31-32  and other persons entitled pursuant to this chapter to receive that

31-33  information, unless otherwise authorized by the director of the

31-34  department.

31-35     Sec. 62.  NRS 245.210 is hereby amended to read as follows:

31-36     245.210  1.  The board of county commissioners of each of the

31-37  several counties shall, by ordinance or agreement pursuant to

31-38  [chapter 288 of NRS,] NRS 288.020 to 288.280, inclusive, provide

31-39  for annual, sick and disability leave for elected and appointed

31-40  county officers and county employees. The provisions of such an

31-41  ordinance or agreement may be more restrictive but not more

31-42  extensive than the provisions set forth in this section.

31-43     2.  The ordinance or agreement must include provisions in

31-44  substance as follows:

32-1      (a) A provision that all elected and appointed officers and

32-2  employees are entitled to annual leave with pay of 1 1/4 working

32-3  days for each month of service, which may be cumulative from year

32-4  to year not to exceed 30 working days.

32-5      (b) A provision that the board of county commissioners may by

32-6  order provide for additional annual leave for long-term appointed

32-7  officers and employees and for prorated annual leave for part-time

32-8  employees.

32-9      (c) A provision that if an appointed officer or employee dies and

32-10  was entitled to accumulated annual leave under the provisions of the

32-11  ordinance, the heirs of the deceased officer or employee who are

32-12  given priority to succeed to his assets under the laws of intestate

32-13  succession of this state, or the executor or administrator of his

32-14  estate, upon submitting satisfactory proof to the board of county

32-15  commissioners of their entitlement, are entitled to be paid an amount

32-16  of money equal to the number of days earned or accrued annual

32-17  leave multiplied by the daily salary or wages of the deceased officer

32-18  or employee.

32-19     (d) A provision that an elected county officer must not be paid

32-20  for accumulated annual leave upon termination of his service.

32-21     (e) A provision that during the first 6 months of employment of

32-22  any appointed officer or employee, annual leave accrues as provided

32-23  in paragraph (a), but annual leave must not be taken during this

32-24  period.

32-25     (f) A provision that an appointed officer or employee must not

32-26  be paid for accumulated annual leave upon termination of

32-27  employment unless he has been employed for 6 months or more.

32-28     (g) A provision that all elected and appointed officers and

32-29  employees are entitled to sick and disability leave with pay of 1 1/4

32-30  working days for each month of service, which may be cumulative

32-31  from year to year.

32-32     (h) A provision that the board of county commissioners may by

32-33  order provide for additional sick and disability leave for long-term

32-34  employees and for prorated sick and disability leave for part-time

32-35  employees.

32-36     (i) A provision that any appointed officer or employee may be

32-37  granted a leave of absence without pay.

32-38     3.  Such an ordinance or agreement may include a provision

32-39  that upon termination of employment, retirement or death , all

32-40  elected and appointed officers and employees are entitled to

32-41  payment for their unused sick leave at their rate of salary at the time

32-42  of termination, retirement or death.

32-43     4.  Such an ordinance or agreement may include a provision

32-44  that elected and appointed county officers and employees may

32-45  donate portions of their accumulated annual and sick leave to other

33-1  elected and appointed county officers and employees. If such a

33-2  provision is adopted, donated time must be converted into money at

33-3  the hourly rate of salary of the donor and the money must be

33-4  converted into sick leave at the hourly rate of salary of the recipient.

33-5      Sec. 63.  NRS 245.211 is hereby amended to read as follows:

33-6      245.211  1.  The board of county commissioners of any county

33-7  may establish, by contract or otherwise, and administer a disability

33-8  pension plan or disability insurance program for the benefit of the

33-9  county sheriff, any sheriff’s deputy or fireman who is disabled, to

33-10  any degree, by an injury arising out of and in the course of his

33-11  employment.

33-12     2.  The board of county commissioners may adopt ordinances,

33-13  rules, regulations, policies and procedures necessary to establish and

33-14  administer the plan or program specified in subsection 1.

33-15     3.  If a county elects to consider implementation of a plan or

33-16  program specified in subsection 1, or to change the benefits

33-17  provided by an existing plan or program, the persons affected by the

33-18  proposed plan or program, or proposed change, may negotiate with

33-19  the county concerning the nature and extent of [such] the proposed

33-20  plan, program or change. [Chapter 288 of NRS applies] The

33-21  provisions of NRS 288.020 to 288.280, inclusive, apply to

33-22  negotiations for this purpose.

33-23     4.  The plan or program authorized by this section must be

33-24  supplemental or in addition to and not in conflict with the coverage,

33-25  compensation, benefits or procedure established by or adopted

33-26  pursuant to chapters 616A to 616D, inclusive, or chapter 617 of

33-27  NRS.

33-28     5.  The benefits provided for in this section are supplemental to

33-29  other benefits an employee is entitled to receive on account of the

33-30  same disability. In no event [shall] may the benefits provided for in

33-31  this section, when added to benefits provided for or purchased by

33-32  the expenditure of public money, exceed the maximum amount of

33-33  benefits an employee is entitled to receive if he has been a member

33-34  of the department or agency for 10 years or more.

33-35     Sec. 64.  NRS 245.215 is hereby amended to read as follows:

33-36     245.215  1.  The board of county commissioners shall adopt

33-37  regulations for any merit personnel system established pursuant to

33-38  the provisions of NRS 245.213 to 245.216, inclusive. The

33-39  regulations must provide:

33-40     (a) For the classification of all county positions, not exempt

33-41  from the merit personnel system, based on the duties, authority and

33-42  responsibility of each position, with adequate provision for

33-43  reclassification of any position whatsoever whenever warranted by

33-44  changed circumstances.

34-1      (b) A pay plan for all county employees, including exempt

34-2  employees other than elected officers that are covered in other

34-3  provisions of NRS or by special legislative act.

34-4      (c) Policies and procedures for regulating reduction in force and

34-5  the removal of employees.

34-6      (d) Hours of work, attendance regulations and provisions for

34-7  sick and vacation leave.

34-8      (e) Policies and procedures governing persons holding

34-9  temporary or provisional appointments.

34-10     (f) Policies and procedures governing relationships with

34-11  employees and employee organizations.

34-12     (g) Policies concerning employee training and development.

34-13     (h) Grievance procedures.

34-14     (i) Other policies and procedures necessary for the

34-15  administration of a merit personnel system.

34-16     2.  Regulations adopted pursuant to this section for a merit

34-17  personnel system established by a board of county commissioners

34-18  pursuant to subsection 2 of NRS 245.213 must not exempt any

34-19  employees other than those who are specifically exempted from

34-20  such a merit personnel system pursuant to NRS 245.216.

34-21     3.  In the event of a conflict between the policies and

34-22  procedures adopted pursuant to this section and the provisions of a

34-23  collective bargaining agreement entered into pursuant to [chapter

34-24  288 of NRS,] NRS 288.020 to 288.280, inclusive, the provisions of

34-25  the agreement prevail.

34-26     Sec. 65.  NRS 268.406 is hereby amended to read as follows:

34-27     268.406  1.  The governing board of any incorporated city may

34-28  establish, by contract or otherwise, and administer a disability

34-29  pension plan or disability insurance program for the benefit of any

34-30  city police officer or fireman who is disabled, to any degree, by an

34-31  injury arising out of and in the course of his employment.

34-32     2.  The governing board may adopt ordinances, rules,

34-33  regulations, policies and procedures necessary to establish and

34-34  administer the plan or program specified in subsection 1.

34-35     3.  If an incorporated city elects to consider implementation of a

34-36  plan or program specified in subsection 1 or to change the benefits

34-37  provided by an existing plan or program, the persons affected by the

34-38  proposed plan or program, or proposed change, may negotiate with

34-39  the city concerning the nature and extent of [such] the proposed

34-40  plan, program or change. [Chapter 288 of NRS applies] The

34-41  provisions of NRS 288.020 to 288.280, inclusive, apply to

34-42  negotiations for this purpose.

34-43     4.  The plan or program authorized by this section must be

34-44  supplemental or in addition to and not in conflict with the coverage,

34-45  compensation, benefits or procedure established by or adopted

35-1  pursuant to chapters 616A to 616D, inclusive, or chapter 617 of

35-2  NRS.

35-3      5.  The benefits provided for in this section are supplemental to

35-4  other benefits an employee is entitled to receive on account of the

35-5  same disability. In no event [shall] may the benefits provided for in

35-6  this section, when added to benefits provided for or purchased by

35-7  the expenditure of public money, exceed the maximum amount of

35-8  benefits an employee is entitled to receive if he has been a member

35-9  of the department or agency for 10 years or more.

35-10     Sec. 66.  NRS 280.305 is hereby amended to read as follows:

35-11     280.305  1.  The committee may establish, by contract or

35-12  otherwise, and administer a disability pension plan or disability

35-13  insurance program for the benefit of any police officer of the

35-14  department who is disabled, to any degree, by an injury arising out

35-15  of and in the course of his employment. The cost of the plan or

35-16  program may be charged, in whole or in part, against the annual

35-17  operating budget for the department.

35-18     2.  The committee may adopt rules, policies and procedures

35-19  necessary to establish and administer the plan or program specified

35-20  in subsection 1.

35-21     3.  If the committee elects to consider implementation of a plan

35-22  or program specified in subsection 1, or to change the benefits

35-23  provided by an existing plan or program, the persons affected by the

35-24  proposed plan or program, or proposed change, may negotiate with:

35-25     (a) The committee or two or more persons designated by it; and

35-26     (b) The sheriff or a person designated by him,

35-27  concerning the nature and extent of the plan, program or change.

35-28  [Chapter 288 of NRS applies] The provisions of NRS 288.020 to

35-29  288.280, inclusive, apply to negotiations for this purpose.

35-30     4.  The plan or program authorized by this section must be

35-31  supplemental or in addition to and not in conflict with the coverage,

35-32  compensation, benefits or procedure established by or adopted

35-33  pursuant to chapters 616A to 616D, inclusive, or chapter 617 of

35-34  NRS.

35-35     5.  The benefits provided for in this section are supplemental to

35-36  other benefits an employee is entitled to receive on account of the

35-37  same disability. In no event may the benefits provided for in this

35-38  section, when added to benefits provided for or purchased by the

35-39  expenditure of public money, exceed the maximum amount of

35-40  benefits an employee is entitled to receive if he has been a member

35-41  of the department or agency for 10 years or more.

35-42     Sec. 67.  NRS 280.320 is hereby amended to read as follows:

35-43     280.320  1.  A department is a local government employer for

35-44  the purpose of [the Local Government Employee-Management

36-1  Relations Act] NRS 288.020 to 288.280, inclusive, and a public

36-2  employer for the purpose of the Public Employees’ Retirement Act.

36-3      2.  In negotiations arising [under] pursuant to the provisions of

36-4  [chapter 288 of NRS:] NRS 288.020 to 288.280, inclusive:

36-5      (a) The committee or two or more persons designated by it; and

36-6      (b) The sheriff or a person designated by him,

36-7  shall represent the department.

36-8      3.  In negotiations arising [under] pursuant to the provisions of

36-9  [chapter 288 of NRS,] NRS 288.020 to 288.280, inclusive, a school

36-10  police unit must be considered a separate bargaining unit.

36-11     Sec. 68.  Chapter 344 of NRS is hereby amended by adding

36-12  thereto a new section to read as follows:

36-13     1.  The Superintendent may negotiate and make agreements

36-14  with any group or organization that represents compositors,

36-15  bindery operators, pressmen and assistants concerning the terms

36-16  and conditions of employment for those employees.

36-17     2.  As used in this section, “terms and conditions of

36-18  employment” has the meaning ascribed to it in section 17 of this

36-19  act.

36-20     Sec. 69.  NRS 344.080 is hereby amended to read as follows:

36-21     344.080  1.  The Superintendent shall employ such

36-22  compositors, assistant compositors, bindery operators, assistant

36-23  bindery operators, pressmen and assistant pressmen as the exigency

36-24  of the work from time to time requires, and he may at any time

36-25  discharge those employees. He shall not, at any time, employ more

36-26  compositors, assistant compositors, bindery operators, assistant

36-27  bindery operators, pressmen and assistant pressmen than the

36-28  necessities of the Division may require.

36-29     2.  [The] Except as otherwise provided in NRS 284.013 and

36-30  section 68 of this act, the compensation of the compositors,

36-31  assistant compositors, bindery operators, assistant bindery operators,

36-32  pressmen and assistant pressmen must be fixed by the Department

36-33  of Personnel, but these employees are not entitled to receive a

36-34  higher rate of wages than is recognized by the employing printers of

36-35  the State of Nevada or than the nature of the employment may

36-36  require.

36-37     3.  All employees of the Division other than compositors,

36-38  assistant compositors, bindery operators, assistant bindery operators,

36-39  pressmen and assistant pressmen must be in the classified service of

36-40  the State.

36-41     Sec. 70.  NRS 353.230 is hereby amended to read as follows:

36-42     353.230  1.  The Chief shall review the estimates, altering,

36-43  revising, increasing or decreasing the items of the estimates as he

36-44  may deem necessary in view of the needs of the various

36-45  departments, institutions and agencies in the Executive Department

37-1  of the State Government and the total anticipated income of the

37-2  State Government and of the various departments, institutions and

37-3  agencies of the Executive Department during the next fiscal year. In

37-4  performing the duties required by this subsection, the Chief shall use

37-5  the projections and estimates prepared by the Economic Forum

37-6  pursuant to NRS 353.228.

37-7      2.  The Chief shall meet with a fiscal analyst of the Legislative

37-8  Counsel Bureau or his designated representative and personnel of

37-9  the various departments, institutions and agencies of the Executive

37-10  Department to discuss:

37-11     (a) The budgetary requests of each department, institution and

37-12  agency; and

37-13     (b) The budgetary recommendations of the budget division for

37-14  each department, institution and agency,

37-15  for the next 2 fiscal years. The Chief shall allow the fiscal analyst of

37-16  the Legislative Counsel Bureau or his designated representative full

37-17  access to all materials connected with the review.

37-18     3.  The Chief shall then prepare a final version of the proposed

37-19  budget, in accordance with section 41 of this act and NRS 353.150

37-20  to 353.246, inclusive, and shall deliver it to the Governor. The final

37-21  version of the proposed budget must include any requests for

37-22  appropriations that are required pursuant to section 41 of this act

37-23  and the adjusted base budget for each department, institution and

37-24  agency of the Executive Department, the costs for continuing each

37-25  program at the current level of service and the costs, if any, for new

37-26  programs, recommended enhancements of existing programs or

37-27  reductions for the departments, institutions and agencies of the

37-28  Executive Department for the next 2 fiscal years. All projections of

37-29  revenue and any other information concerning future state revenue

37-30  contained in the proposed budget must be based upon the

37-31  projections and estimates prepared by the Economic Forum pursuant

37-32  to NRS 353.228.

37-33     4.  The Governor shall include in the proposed budget any

37-34  requests for appropriations that are required pursuant to section

37-35  41 of this act and shall, not later than 14 calendar days before the

37-36  commencement of the regular legislative session, submit the

37-37  proposed budget to the Director of the Legislative Counsel Bureau

37-38  for transmittal to the Legislature. The Governor shall simultaneously

37-39  submit, as a separate document:

37-40     (a) An analysis of any new programs or enhancements of

37-41  existing programs being recommended; and

37-42     (b) Any increase in or new revenues which are being

37-43  recommended in the proposed budget.

37-44  The document must specify the total cost by department, institution

37-45  or agency of new programs or enhancements, but need not itemize

38-1  the specific costs. All projections of revenue and any other

38-2  information concerning future state revenue contained in the

38-3  document must be based upon the projections and estimates

38-4  prepared by the Economic Forum pursuant to NRS 353.228.

38-5      5.  On or before the 19th calendar day of the regular legislative

38-6  session, the Governor shall submit to the Legislative Counsel

38-7  recommendations for each legislative measure which will be

38-8  necessary to carry out the final version of the proposed budget or to

38-9  carry out the Governor’s legislative agenda. These

38-10  recommendations must contain sufficient detailed information to

38-11  enable the Legislative Counsel to prepare the necessary legislative

38-12  measures.

38-13     6.  During the consideration of the general appropriation bill

38-14  and any special appropriation bills and bills authorizing budgeted

38-15  expenditures by the departments, institutions and agencies operating

38-16  on money designated for specific purposes by the Constitution or

38-17  otherwise, drafted at the request of the Legislature upon the

38-18  recommendations submitted by the Governor with the proposed

38-19  budget, the Governor or his representative [have] has the right to

38-20  appear before and be heard by the appropriation committees of the

38-21  Legislature in connection with the appropriation bill or bills, and to

38-22  render any testimony, explanation or assistance required of him.

38-23     Sec. 71.  NRS 354.6241 is hereby amended to read as follows:

38-24     354.6241  1.  The statement required by paragraph (a) of

38-25  subsection 5 of NRS 354.624 must indicate for each fund set forth

38-26  in that paragraph:

38-27     (a) Whether the fund is being used in accordance with the

38-28  provisions of this chapter.

38-29     (b) Whether the fund is being administered in accordance with

38-30  generally accepted accounting procedures.

38-31     (c) Whether the reserve in the fund is limited to an amount that

38-32  is reasonable and necessary to carry out the purposes of the fund.

38-33     (d) The sources of revenues available for the fund during the

38-34  fiscal year, including transfers from any other funds.

38-35     (e) The statutory and regulatory requirements applicable to the

38-36  fund.

38-37     (f) The balance and retained earnings of the fund.

38-38     2.  Except as otherwise provided in NRS 354.59891, to the

38-39  extent that the reserve in any fund set forth in paragraph (a) of

38-40  subsection 5 of NRS 354.624 exceeds the amount that is reasonable

38-41  and necessary to carry out the purposes for which the fund was

38-42  created, the reserve may be expended by the local government

38-43  pursuant to the provisions of [chapter 288 of NRS.] NRS 288.020 to

38-44  288.280, inclusive.

 

39-1      Sec. 72.  NRS 354.695 is hereby amended to read as follows:

39-2      354.695  1.  As soon as practicable after taking over the

39-3  management of a local government, the Department shall, with the

39-4  approval of the Committee:

39-5      (a) Establish and implement a management policy and a

39-6  financing plan for the local government;

39-7      (b) Provide for the appointment of a financial manager for the

39-8  local government who is qualified to manage the fiscal affairs of the

39-9  local government;

39-10     (c) Provide for the appointment of any other persons necessary to

39-11  enable the local government to provide the basic services for which

39-12  it was created in the most economical and efficient manner possible;

39-13     (d) Establish an accounting system and separate accounts in a

39-14  bank or credit union, if necessary, to receive and expend all money

39-15  and assets of the local government;

39-16     (e) Impose such hiring restrictions as deemed necessary after

39-17  considering the recommendations of the financial manager;

39-18     (f) Negotiate and approve all contracts entered into by or on

39-19  behalf of the local government before execution and enter into such

39-20  contracts on behalf of the local government as the Department deems

39-21  necessary;

39-22     (g) Negotiate and approve all collective bargaining contracts to

39-23  be entered into by the local government, except issues submitted to a

39-24  fact finder whose findings and recommendations are final and

39-25  binding pursuant to the provisions of [the Local Government

39-26  Employee-Management Relations Act;] NRS 288.020 to 288.280,

39-27  inclusive;

39-28     (h) Approve all expenditures of money from any fund or account

39-29  and all transfers of money from one fund to another;

39-30     (i) Employ such technicians as are necessary for the

39-31  improvement of the financial condition of the local government;

39-32     (j) Meet with the creditors of the local government and formulate

39-33  a debt liquidation program;

39-34     (k) Approve the issuance of bonds or other forms of

39-35  indebtedness by the local government;

39-36     (l) Discharge any of the outstanding debts and obligations of the

39-37  local government; and

39-38     (m) Take any other actions necessary to ensure that the local

39-39  government provides the basic services for which it was created in

39-40  the most economical and efficient manner possible.

39-41     2.  The Department may provide for reimbursement from the

39-42  local government for the expenses the Department incurs in

39-43  managing the local government. If such reimbursement is not

39-44  possible, the Department may request an allocation by the Interim

40-1  Finance Committee from the Contingency Fund pursuant to NRS

40-2  353.266, 353.268 and 353.269.

40-3      3.  The governing body of a local government which is being

40-4  managed by the Department pursuant to this section may make

40-5  recommendations to the Department or the financial manager

40-6  concerning the management of the local government.

40-7      4.  Each state agency, board, department, commission,

40-8  committee or other entity of the State shall provide such technical

40-9  assistance concerning the management of the local government as is

40-10  requested by the Department.

40-11     5.  The Department may delegate any of the powers and duties

40-12  imposed by this section to the financial manager appointed pursuant

40-13  to paragraph (b) of subsection 1.

40-14     6.  Except as otherwise provided in NRS 354.723 and 450.760,

40-15  once the Department has taken over the management of a local

40-16  government pursuant to the provisions of subsection 1, that

40-17  management may only be terminated pursuant to NRS 354.725.

40-18     Sec. 73.  NRS 386.365 is hereby amended to read as follows:

40-19     386.365  1.  Except as otherwise provided in subsection 3,

40-20  each board of trustees in any county having a population of 100,000

40-21  or more shall give 15 days’ notice of its intention to adopt, repeal or

40-22  amend a policy or regulation of the board concerning any of the

40-23  subjects set forth in subsection 4. The notice must:

40-24     (a) Include a description of the subject or subjects involved and

40-25  must state the time and place of the meeting at which the matter will

40-26  be considered by the board; and

40-27     (b) Be mailed to the following persons from each of the schools

40-28  affected:

40-29         (1) The principal;

40-30         (2) The president of the parent-teacher association or similar

40-31  body; and

40-32         (3) The president of the classroom teachers’ organization or

40-33  other collective bargaining agent.

40-34  A copy of the notice and of the terms of each proposed policy or

40-35  regulation, or change in a policy or regulation, must be made

40-36  available for inspection by the public in the office of the

40-37  superintendent of schools of the school district at least 15 days

40-38  before its adoption.

40-39     2.  All persons interested in a proposed policy or regulation or

40-40  change in a policy or regulation must be afforded a reasonable

40-41  opportunity to submit data, views or arguments, orally or in writing.

40-42  The board of trustees shall consider all written and oral submissions

40-43  respecting the proposal or change before taking final action.

40-44     3.  Emergency policies or regulations may be adopted by the

40-45  board upon its own finding that an emergency exists.

41-1      4.  This section applies to policies and regulations concerning:

41-2      (a) Attendance rules;

41-3      (b) Zoning;

41-4      (c) Grading;

41-5      (d) District staffing patterns;

41-6      (e) Curriculum and program;

41-7      (f) Pupil discipline; and

41-8      (g) Personnel, except with respect to dismissals and refusals to

41-9  reemploy covered by contracts entered into [as a result of the Local

41-10  Government Employee-Management Relations Act,] pursuant to

41-11  the provisions of NRS 288.020 to 288.280, inclusive, as provided in

41-12  NRS 391.3116.

41-13     Sec. 74.  NRS 386.595 is hereby amended to read as follows:

41-14     386.595  1.  All employees of a charter school shall be deemed

41-15  public employees.

41-16     2.  Except as otherwise provided in this subsection, the

41-17  provisions of the collective bargaining agreement entered into by the

41-18  board of trustees of the school district in which the charter school is

41-19  located apply to the terms and conditions of employment of

41-20  employees of the charter school who are on a leave of absence from

41-21  the school district pursuant to subsection 5, including, without

41-22  limitation, any provisions relating to representation by the employee

41-23  organization that is a party to the collective bargaining agreement of

41-24  the school district in a grievance proceeding or other dispute arising

41-25  out of the agreement. The provisions of the collective bargaining

41-26  agreement apply to each employee for the first 3 years that he is on

41-27  a leave of absence from the school district. After the first 3 years

41-28  that the employee is on a leave of absence:

41-29     (a) If he is subsequently reassigned by the school district

41-30  pursuant to subsection 5, he is covered by the collective bargaining

41-31  agreement of the school district.

41-32     (b) If he continues his employment with the charter school, he is

41-33  covered by the collective bargaining agreement of the charter

41-34  school, if applicable.

41-35     3.  Except as otherwise provided in subsection 2, the governing

41-36  body of a charter school may make all employment decisions with

41-37  regard to its employees pursuant to NRS 391.311 to 391.3197,

41-38  inclusive, unless a collective bargaining agreement entered into by

41-39  the governing body pursuant to [chapter 288 of] NRS 288.020 to

41-40  288.280, inclusive, contains separate provisions relating to the

41-41  discipline of licensed employees of a school.

41-42     4.  Except as otherwise provided in this subsection, if the

41-43  written charter of a charter school is revoked or if a charter school

41-44  ceases to operate as a charter school, the employees of the charter

41-45  school must be reassigned to employment within the school district

42-1  in accordance with the applicable collective bargaining agreement.

42-2  A school district is not required to reassign an employee of a charter

42-3  school pursuant to this subsection if the employee:

42-4      (a) Was not granted a leave of absence by the school district to

42-5  teach at the charter school pursuant to subsection 5; or

42-6      (b) Was granted a leave of absence by the school district and did

42-7  not submit a written request to return to employment with the school

42-8  district in accordance with subsection 5.

42-9      5.  The board of trustees of a school district that is a sponsor of

42-10  a charter school shall grant a leave of absence, not to exceed 6 years,

42-11  to any employee who is employed by the board of trustees who

42-12  requests such a leave of absence to accept employment with the

42-13  charter school. After the first school year in which an employee is

42-14  on a leave of absence, he may return to his former teaching position

42-15  with the board of trustees. After the third school year, an employee

42-16  who is on a leave of absence may submit a written request to the

42-17  board of trustees to return to a comparable teaching position with

42-18  the board of trustees. After the sixth school year, an employee shall

42-19  either submit a written request to return to a comparable teaching

42-20  position or resign from the position for which his leave was granted.

42-21  The board of trustees shall grant a written request to return to a

42-22  comparable position pursuant to this subsection even if the return of

42-23  the employee requires the board of trustees to reduce the existing

42-24  workforce of the school district. The board of trustees may require

42-25  that a request to return to a teaching position submitted pursuant to

42-26  this subsection be submitted at least 90 days before the employee

42-27  would otherwise be required to report to duty.

42-28     6.  An employee who is on a leave of absence from a school

42-29  district pursuant to this section shall contribute to and be eligible for

42-30  all benefits for which he would otherwise be entitled, including,

42-31  without limitation, participation in the Public Employees’

42-32  Retirement System and accrual of time for the purposes of leave and

42-33  retirement. The time during which such an employee is on leave of

42-34  absence and employed in a charter school does not count toward the

42-35  acquisition of permanent status with the school district.

42-36     7.  Upon the return of a teacher to employment in the school

42-37  district, he is entitled to the same level of retirement, salary and any

42-38  other benefits to which he would otherwise be entitled if he had not

42-39  taken a leave of absence to teach in a charter school.

42-40     8.  An employee of a charter school who is not on a leave of

42-41  absence from a school district is eligible for all benefits for which he

42-42  would be eligible for employment in a public school, including,

42-43  without limitation, participation in the Public Employees’

42-44  Retirement System.

42-45     9.  For all employees of a charter school:

43-1      (a) The compensation that a teacher or other school employee

43-2  would have received if he were employed by the school district must

43-3  be used to determine the appropriate levels of contribution required

43-4  of the employee and employer for purposes of the Public

43-5  Employees’ Retirement System.

43-6      (b) The compensation that is paid to a teacher or other school

43-7  employee that exceeds the compensation that he would have

43-8  received if he were employed by the school district must not be

43-9  included for the purposes of calculating future retirement benefits of

43-10  the employee.

43-11     10.  If the board of trustees of a school district in which a

43-12  charter school is located manages a plan of group insurance for its

43-13  employees, the governing body of the charter school may negotiate

43-14  with the board of trustees to participate in the same plan of group

43-15  insurance that the board of trustees offers to its employees. If the

43-16  employees of the charter school participate in the plan of group

43-17  insurance managed by the board of trustees, the governing body of

43-18  the charter school shall:

43-19     (a) Ensure that the premiums for that insurance are paid to the

43-20  board of trustees; and

43-21     (b) Provide, upon the request of the board of trustees, all

43-22  information that is necessary for the board of trustees to provide the

43-23  group insurance to the employees of the charter school.

43-24     Sec. 75.  NRS 391.180 is hereby amended to read as follows:

43-25     391.180  1.  As used in this section, “employee” means any

43-26  employee of a school district or charter school in this state.

43-27     2.  A school month in any public school in this state consists of

43-28  4 weeks of 5 days each.

43-29     3.  Nothing contained in this section prohibits the payment of

43-30  employees’ compensation in 12 equal monthly payments for 9 or

43-31  more months’ work.

43-32     4.  The per diem deduction from the salary of an employee

43-33  because of absence from service for reasons other than those

43-34  specified in this section is that proportion of the yearly salary which

43-35  is determined by the ratio between the duration of the absence and

43-36  the total number of contracted workdays in the year.

43-37     5.  Boards of trustees shall either prescribe by regulation or

43-38  negotiate pursuant to [chapter 288 of NRS,] NRS 288.020 to

43-39  288.280, inclusive, with respect to sick leave, accumulation of sick

43-40  leave, payment for unused sick leave, sabbatical leave, personal

43-41  leave, professional leave, military leave and such other leave as they

43-42  determine to be necessary or desirable for employees. In addition,

43-43  boards of trustees may either prescribe by regulation or negotiate

43-44  pursuant to [chapter 288 of] NRS 288.020 to 288.280, inclusive,

43-45  with respect to the payment of unused sick leave to licensed teachers

44-1  in the form of purchase of service pursuant to subsection 3 of NRS

44-2  286.300. The amount of service so purchased must not exceed the

44-3  number of hours of unused sick leave or 1 year, whichever is less.

44-4      6.  The salary of any employee unavoidably absent because of

44-5  personal illness or accident, or because of serious illness, accident or

44-6  death in the family, may be paid up to the number of days of sick

44-7  leave accumulated by the employee. An employee may not be

44-8  credited with more than 15 days of sick leave in any 1 school year.

44-9  Except as otherwise provided in this subsection, if an employee

44-10  takes a position with another school district or charter school, all

44-11  sick leave that he has accumulated must be transferred from his

44-12  former school district or charter school to his new school district or

44-13  charter school. The amount of sick leave so transferred may not

44-14  exceed the maximum amount of sick leave which may be carried

44-15  forward from one year to the next according to the applicable

44-16  negotiated agreement or the policy of the district or charter school

44-17  into which the employee transferred. Unless the applicable

44-18  negotiated agreement or policy of the employing district or charter

44-19  school provides otherwise, such an employee:

44-20     (a) Shall first use the sick leave credited to the employee from

44-21  the district or charter school into which he transferred before using

44-22  any of the transferred leave; and

44-23     (b) Is not entitled to compensation for any sick leave transferred

44-24  pursuant to this subsection.

44-25     7.  Subject to the provisions of subsection 8:

44-26     (a) If an intermission of less than 6 days is ordered by the board

44-27  of trustees of a school district or the governing body of a charter

44-28  school for any good reason, no deduction of salary may be made

44-29  therefor.

44-30     (b) If, on account of sickness, epidemic or other emergency in

44-31  the community, a longer intermission is ordered by the board of

44-32  trustees of a school district, the governing body of a charter school

44-33  or a board of health and the intermission or closing does not exceed

44-34  30 days at any one time, there may be no deduction or

44-35  discontinuance of salaries.

44-36     8.  If the board of trustees of a school district or the governing

44-37  body of a charter school orders an extension of the number of days

44-38  of school to compensate for the days lost as the result of an

44-39  intermission because of those reasons contained in paragraph (b) of

44-40  subsection 7, an employee may be required to render his services to

44-41  the school district or charter school during that extended period. If

44-42  the salary of the employee was continued during the period of

44-43  intermission as provided in subsection 7, the employee is not

44-44  entitled to additional compensation for services rendered during the

44-45  extended period.

45-1      9.  If any subject referred to in this section is included in an

45-2  agreement or contract negotiated by:

45-3      (a) The board of trustees of a school district pursuant to [chapter

45-4  288 of NRS;] NRS 288.020 to 288.280, inclusive; or

45-5      (b) The governing body of a charter school pursuant to

45-6  NRS 386.595,

45-7  the provisions of the agreement or contract regarding that subject

45-8  supersede any conflicting provisions of this section or of a

45-9  regulation of the board of trustees.

45-10     Sec. 76.  NRS 391.3116 is hereby amended to read as follows:

45-11     391.3116  The provisions of NRS 391.311 to 391.3197,

45-12  inclusive, do not apply to a teacher, administrator, or other licensed

45-13  employee who has entered into a contract with the board negotiated

45-14  pursuant to [chapter 288 of] NRS 288.020 to 288.280, inclusive, if

45-15  the contract contains separate provisions relating to the board’s right

45-16  to dismiss or refuse to reemploy the employee or demote an

45-17  administrator.

45-18     Sec. 77.  Section 11 of the Elko Convention and Visitors

45-19  Authority, being chapter 227, Statutes of Nevada 1975, as last

45-20  amended by chapter 564, Statutes of Nevada 1989, at page 1197, is

45-21  hereby amended to read as follows:

45-22     Sec. 11.  1.  The Board shall submit its proposed annual

45-23  budget for the Authority in the manner set forth in NRS

45-24  354.470 to 354.626, inclusive.

45-25     2.  In addition to powers elsewhere conferred, the Board,

45-26  on behalf of the Authority, may:

45-27     (a) Establish, construct, purchase, lease, enter into a lease

45-28  purchase agreement respecting, acquire by gift, grant,

45-29  bequest, devise or otherwise, reconstruct, improve, extend,

45-30  better, alter, repair, equip, furnish, regulate, maintain, operate

45-31  and manage convention, exhibit and auditorium facilities,

45-32  including personal property and real property, appurtenant

45-33  thereto or used in connection therewith, and every estate,

45-34  interest and right, legal or equitable, therein.

45-35     (b) Insure or provide for the insurance of any facility and

45-36  of the Board and its officers, employees and agents against

45-37  such risks and hazards as the Board may deem advisable,

45-38  without thereby waiving any immunity granted by law.

45-39     (c) Arrange or contract for the furnishing by any person

45-40  or agency, public or private, of services, privileges, works,

45-41  food, beverages, alcoholic beverages or facilities for or in

45-42  connection with a facility, hire and retain officers, agents and

45-43  employees, including a fiscal adviser, engineers, attorneys or

45-44  other professional or specialized personnel.

46-1      (d) Direct the Board of County Commissioners or the

46-2  Board of Supervisors of the City of Elko, and the governing

46-3  body of any other political subdivision within the boundaries

46-4  of the Authority, with the concurrence of that board or body,

46-5  to acquire by the exercise of the power of eminent domain

46-6  any real property which the Board deems necessary for its

46-7  purposes, after the adoption by the Board of a resolution

46-8  declaring such an acquisition necessary for its purposes. This

46-9  power must be exercised in the manner provided by any

46-10  applicable statutory provisions and laws of the State of

46-11  Nevada. Title to property so acquired must be taken in the

46-12  name of the Authority.

46-13     (e) Sell, lease, exchange, transfer, assign or otherwise

46-14  dispose of any real or personal property, or any interest

46-15  therein acquired for the purpose of this act, including the

46-16  lease of any facility acquired by the Authority which is to be

46-17  operated and maintained as a public project and convention,

46-18  auditorium or exhibit facility.

46-19     (f) Fix, and from time to time increase or decrease, rates,

46-20  tolls, rents or charges for services or facilities furnished in

46-21  connection with any facility and take such action as necessary

46-22  or desirable to effect their collection.

46-23     (g) Receive, control, invest and order the expenditure of

46-24  money pertaining to any facility or related properties,

46-25  including , but not limited to , annual grants from the Federal

46-26  Government, the State, the County and incorporated cities in

46-27  the County for capital improvements for facilities.

46-28     (h) Enter into contracts, leases or other arrangements for

46-29  commercial advertising purposes with any person or

46-30  government.

46-31     (i) Exercise all or any part or combination of the powers

46-32  granted in this act to the Authority, except as otherwise

46-33  provided in this act.

46-34     (j) Sue and be sued.

46-35     (k) Perform other acts necessary, convenient, desirable or

46-36  appropriate to carry out the purposes and provisions of this

46-37  act.

46-38     (l) Engage in the sale and dispensing of alcoholic

46-39  beverages in connection with activities conducted in

46-40  connection with the facility, operate a bar in connection

46-41  therewith and obtain all necessary licenses and permits and

46-42  provide any bonds or security necessary or advisable.

46-43     (m) Engage in the preparation, sale, serving and

46-44  dispensing of food and beverages in connection with the

46-45  facilities and activities conducted in connection therewith.

47-1      (n) Provide security for all authorized facilities and

47-2  activities by means of security guards, burglar alarm systems,

47-3  fire alarm systems and other modern methods of protection

47-4  and detection, with all materials, supplies and equipment

47-5  incidental thereto.

47-6      (o) Use or make available all facilities of the Authority or

47-7  any portion thereof for any event, activity, meeting,

47-8  convention, entertainment, promotions, party or other purpose

47-9  approved by the Board, with or without charge, as determined

47-10  by the Board.

47-11     (p) Sell, or cause to be sold, promotional items.

47-12     3.  The Board, in addition to the other powers conferred

47-13  upon it, may:

47-14     (a) Set aside a fund in an amount which it considers

47-15  necessary, which may be expended in the discretion of the

47-16  Board for the purpose of promoting or attracting conventions,

47-17  meetings and like gatherings which will utilize the facilities

47-18  of the Authority. Such an expenditure shall be deemed to be

47-19  made for a public purpose.

47-20     (b) Solicit and promote tourism generally, individually

47-21  and through annual grants to chambers of commerce,

47-22  convention authorities and other convention-generating

47-23  entities, and further promote generally the use of its facilities,

47-24  pursuant to lease agreements, by organized groups or by the

47-25  general public for the holding of conventions, expositions,

47-26  trade shows, entertainment, sporting events, cultural activities

47-27  or similar uses reasonably calculated to produce revenue for

47-28  the Authority, and to enhance the general economy. Such

47-29  promotion may include advertising the facilities under control

47-30  of the Board and the resources of the community or area,

47-31  including , without restriction , tourist accommodations,

47-32  transportation, entertainment and climate.

47-33     (c) Enter into contracts for advertising and pay the cost

47-34  thereof, including reasonable commissions.

47-35     (d) Authorize the expenditure of money subject to its

47-36  control and derived from any source within its jurisdiction

47-37  and authority, regardless of any purported limitations thereon

47-38  incident to any transfer or remittance to the Board of the

47-39  proceeds of any license tax or other money collected by any

47-40  political subdivision, but subject to all valid contractual or

47-41  statutory restrictions which may apply to any such money or

47-42  remittances or to the use or disposition thereof.

47-43     (e) Borrow money or accept contributions, grants or other

47-44  financial assistance from the Federal Government or any

47-45  agency or instrumentality thereof, for use in furtherance of

48-1  any of the authorized purposes of the Authority and meet and

48-2  comply with any conditions imposed thereon, which are

48-3  within the authority or discretion of the Board.

48-4      (f) Appoint an Executive Director, the Authority

48-5  Treasurer, the Auditor for the Authority, assistants to officers

48-6  and establish such other offices and appoint such other

48-7  officers as it deems necessary. All appointive officers serve at

48-8  the pleasure of the Board and shall perform such duties as

48-9  may be designated by the Board and are entitled to receive a

48-10  salary set by the Board. The Board shall, by agreement

48-11  pursuant to [chapter 288 of NRS,] NRS 288.020 to 288.280,

48-12  inclusive, or by resolution, set the annual, sick and disability

48-13  leave, salary or wages, pensions, insurance and other benefits

48-14  for appointed and hired Authority officers and employees.

48-15     4.  Any contracts, leases, franchises or other transactions

48-16  authorized or executed by the Board are not affected by the

48-17  fact that the term of office of any or all of its members may

48-18  expire before completion of the transaction authorized.

48-19     5.  When any member of the Board or officer or

48-20  employee of the Authority travels for the transaction of

48-21  business of the Authority, the Board may pay him the actual

48-22  expenses necessary for such travel, including travel expenses,

48-23  room, board, gratuities, car rental, telephone, taxi fares and

48-24  any other expense reasonably incurred in connection with

48-25  such travel. Travel fares must be the amount charged by

48-26  public conveyance unless the Board determines that travel by

48-27  private conveyance is more economical, or travel by public

48-28  conveyance is impractical or unavoidable over any of the

48-29  routes to be traveled. The Board may allow for traveling by

48-30  private conveyance an amount not to exceed the maximum

48-31  allowance per mile for travel by private conveyance by state

48-32  officers and employees specified in NRS 281.160.

48-33     Sec. 78.  Section 29 of the Airport Authority Act for Washoe

48-34  County, being chapter 474, Statutes of Nevada 1977, as last

48-35  amended by chapter 155, Statutes of Nevada 1991, at page 293, is

48-36  hereby amended to read as follows:

48-37     Sec. 29.  The Authority, by action of the Board, may

48-38  adopt its own plan of civil service to be administered by the

48-39  Board. The plan must include, but need not be limited to, the

48-40  following provisions:

48-41     1.  Entry into the service on the basis of open

48-42  competition.

48-43     2.  Service, promotions and remuneration on the basis of

48-44  merit, efficiency and fitness.

48-45     3.  Classifications of the positions in the service.

49-1      4.  The rating of candidates on the basis of publicly

49-2  announced competitive examinations and the maintenance of

49-3  lists of eligible candidates.

49-4      5.  Employment of candidates from the eligible lists in

49-5  the highest qualified rating.

49-6      6.  Probationary periods not to exceed 12 months.

49-7      7.  Disciplinary action, suspension or discharge of

49-8  employees for cause only with the right of notice and review.

49-9      8.  Schedules of compensation and increases in pay

49-10  prepared by the Board.

49-11     9.  Promotion on the basis of ascertained merit, seniority

49-12  in service and competitive examinations.

49-13     10.  Provision for keeping service records on all

49-14  employees.

49-15     11.  Regulations for hours of work, attendance, holidays,

49-16  leaves of absence and transfers.

49-17     12.  Procedures for layoffs, discharge, suspension,

49-18  discipline and reinstatement.

49-19     13.  The exemption from civil service of managers,

49-20  supervisors, except those supervisors covered by an

49-21  agreement negotiated pursuant to [chapter 288 of NRS,] NRS

49-22  288.020 to 288.280, inclusive, deputy directors, the Executive

49-23  Director, persons employed to render professional, scientific,

49-24  technical or expert service, persons providing services of a

49-25  temporary or exceptional character, persons employed on

49-26  projects paid from the proceeds of bonds issued by the

49-27  Authority and persons employed for a period of less than 3

49-28  months in any 12‑month period.

49-29     14.  Review by the Board, at the request of the employee

49-30  in question and after notice and hearing, of any disciplinary

49-31  action, suspension or discharge of any employee, which

49-32  action, suspension or discharge may be affirmed, modified or

49-33  reversed by the Board. The decision of the Board is a final

49-34  decision in a contested case for the purpose of judicial

49-35  review. An employee may appeal the decision of the Board to

49-36  a district court within the time limits and in the manner

49-37  provided by law for the appeal of administrative decisions of

49-38  state agencies.

49-39     Sec. 79.  Section 2.330 of the Charter of Carson City, being

49-40  chapter 690, Statutes of Nevada 1979, at page 1857, is hereby

49-41  amended to read as follows:

49-42  Sec. 2.330  Employees: Merit personnel system.

49-43     1.  The Board of Supervisors shall establish a merit

49-44  personnel system for all employees of Carson City except

49-45  those exempted under the provisions of subsection 4.

50-1      2.  The Board of Supervisors shall administer this section

50-2  through the adoption of appropriate regulations which shall

50-3  provide for:

50-4      (a) The classification of all positions, not exempt from the

50-5  merit personnel system, based on the duties, authority and

50-6  responsibility of each position, with adequate provision for

50-7  reclassification of any position whatsoever whenever

50-8  warranted by changed circumstances.

50-9      (b) A pay plan for all employees, including exempt

50-10  employees other than elected officers that are covered in

50-11  NRS 245.043.

50-12     (c) Policies and procedures for regulating reduction in

50-13  force and the removal of employees.

50-14     (d) Hours of work, attendance regulations and provisions

50-15  for sick and vacation leave.

50-16     (e) Policies and procedures governing persons holding

50-17  temporary or provisional appointments.

50-18     (f) Policies and procedures governing relationships with

50-19  employees and employee organizations.

50-20     (g) Policies concerning employee training and

50-21  development.

50-22     (h) Grievance procedures.

50-23     (i) Other policies and procedures necessary for the

50-24  administration of a merit personnel system.

50-25     3.  In the event of a conflict between the policies and

50-26  procedures adopted pursuant to this section and the provisions

50-27  of a collective bargaining agreement entered into pursuant to

50-28  [chapter 288 of NRS,] NRS 288.020 to 288.280, inclusive,

50-29  the provisions of the agreement prevail.

50-30     4.  There are exempted from the provisions of this

50-31  section:

50-32     (a) The manager and all department heads, elected or

50-33  appointed;

50-34     (b) All deputy district attorneys;

50-35     (c) Not more than five supervisory deputy sheriffs; and

50-36     (d) No more than two deputies each in the offices of the

50-37  Clerk, the Treasurer, the Recorder, the Assessor, and any

50-38  other department created by this charter or by ordinance.

50-39     Sec. 80.  Section 9.030 of the Charter of the City of North Las

50-40  Vegas, being chapter 324, Statutes of Nevada 1987, at page 744, is

50-41  hereby amended to read as follows:

50-42  Sec. 9.030  Collective bargaining.

50-43     1.  The city council shall recognize employee

50-44  organizations for the purpose of collective bargaining

51-1  pursuant to [chapter 288 of NRS.] NRS 288.020 to 288.280,

51-2  inclusive.

51-3      2.  The city manager is responsible for and shall direct all

51-4  collective bargaining with recognized employee

51-5  organizations. The city manager may designate any

51-6  administrative officer subject to his direction and supervision

51-7  as his representative for the purpose of those negotiations.

51-8      3.  Any agreement resulting from those negotiations must

51-9  be ratified by the city council before it is effective.

51-10     Sec. 81.  NRS 288.010 is hereby repealed.

51-11     Sec. 82.  As soon as practicable on or before July 1, 2003, the

51-12  members of the Board for Labor Relations for State Employees

51-13  must be appointed as follows:

51-14     1.  One member appointed by the Governor to an initial term

51-15  that begins on July 1, 2003, and ends on June 30, 2005.

51-16     2.  One member appointed by the Speaker of the Assembly to

51-17  an initial term that begins on July 1, 2003, and ends on June 30,

51-18  2006.

51-19     3.  One member appointed by the Majority Leader of the Senate

51-20  to an initial term that begins on July 1, 2003, and ends on June 30,

51-21  2007.

51-22     Sec. 83.  Notwithstanding any other provision of this act, an

51-23  employee organization may not be designated as the exclusive

51-24  representative of a bargaining unit pursuant to section 28 or 29 of

51-25  this act before October 1, 2003.

51-26     Sec. 84.  This act becomes effective on July 1, 2003.

 

51-27  TEXT OF REPEALED SECTION

 

51-28     288.010  Short title. This chapter may be cited as the Local

51-29   Government Employee-Management Relations Act.

 

51-30  H