This chapter may be cited as the Local
Government Employee-Management Relations Act.
(Added to NRS by 1969, 1376)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 288.025
to 288.075 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1969, 1376; A 1971, 1503; 1975, 918; 1981, 1868)
“Administrative
employee” means any employee whose primary duties consist of work
directly related to management policies, who customarily exercises
discretion and independent judgment and regularly assists an executive.
In addition, it includes the chief administrative officer, his deputy and
immediate assistants, department heads, their deputies and immediate
assistants, attorneys, appointed officials and others who are primarily
responsible for formulating and administering management policy and
programs.
(Added to NRS by 1971, 1509)
“Bargaining agent” means
an employee organization recognized by the local government employer as
the exclusive representative of all local government employees in the
bargaining unit for purposes of collective bargaining.
(Added to NRS by 1975, 917)
“Bargaining unit” means a
group of local government employees recognized by the local government
employer as having sufficient community of interest appropriate for
representation by an employee organization for the purpose of collective
bargaining.
(Added to NRS by 1975, 917)
“Board” means the Local Government
Employee-Management Relations Board.
(Added to NRS by 1969, 1376)
“Collective
bargaining” means a method of determining conditions of employment by
negotiation between representatives of the local government employer and
employee organizations, entailing a mutual obligation of the local
government employer and the representative of the local government
employees to meet at reasonable times and bargain in good faith with
respect to:
1. Wages, hours and other terms and conditions of employment;
2. The negotiation of an agreement;
3. The resolution of any question arising under a negotiated
agreement; or
4. The execution of a written contract incorporating any agreement
reached if requested by either party,
Ê but this obligation does not compel either party to agree to a proposal
or require the making of a concession.
(Added to NRS by 1975, 917)
“Commissioner” means the
Commissioner appointed by the Board.
(Added to NRS by 1981, 1867)
“Employee
organization” means an organization of any kind having as one of its
purposes improvement of the terms and conditions of employment of local
government employees.
(Added to NRS by 1969, 1376; A 1975, 918)
“Fact-finding” means the
formal procedure by which an investigation of a labor dispute is
conducted by one person, a panel or a board at which:
1. Evidence is presented; and
2. A written report is issued by the fact finder describing the
issues involved and setting forth recommendations for settlement which
may or may not be binding as provided in NRS 288.200 .
(Added to NRS by 1975, 917)
“Local
government employee” means any person employed by a local government
employer.
(Added to NRS by 1969, 1376)
“Local
government employer” means any political subdivision of this State or any
public or quasi-public corporation organized under the laws of this State
and includes, without limitation, counties, cities, unincorporated towns,
school districts, charter schools, hospital districts, irrigation
districts and other special districts.
(Added to NRS by 1969, 1377; A 1971, 1503; 2001, 3164 )
“Mediation” means assistance by
an impartial third party to reconcile differences between a local
government employer and a bargaining unit through interpretation,
suggestion and advice.
(Added to NRS by 1975, 917; A 1983, 180)
“Recognition” means the formal
acknowledgment by the local government employer that a particular
employee organization has the right to represent the local government
employees within a particular bargaining unit.
(Added to NRS by 1975, 917)
“Strike” means any concerted:
1. Stoppage of work, slowdown or interruption of operations by
employees of the State of Nevada or local government employees;
2. Absence from work by employees of the State of Nevada or local
government employees upon any pretext or excuse, such as illness, which
is not founded in fact; or
3. Interruption of the operations of the State of Nevada or any
local government employer by any employee organization.
(Added to NRS by 1969, 1377)
1. “Supervisory employee” means any individual having authority in
the interest of the employer to hire, transfer, suspend, lay off, recall,
promote, discharge, assign, reward or discipline other employees or
responsibility to direct them, to adjust their grievances or effectively
to recommend such action, if in connection with the foregoing, the
exercise of such authority is not of a merely routine or clerical nature,
but requires the use of independent judgment. The exercise of such
authority shall not be deemed to place the employee in supervisory
employee status unless the exercise of such authority occupies a
significant portion of the employee’s workday.
2. Nothing in this section shall be construed to mean that an
employee who has been given incidental administrative duties shall be
classified as a supervisory employee.
(Added to NRS by 1971, 1509; A 1975, 918)
LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD
1. The Local Government Employee-Management Relations Board is
hereby created, consisting of three members, broadly representative of
the public and not closely allied with any employee organization or local
government employer, not more than two of whom may be members of the same
political party. The term of office of each member is 4 years.
2. The Governor shall appoint the members of the Board.
(Added to NRS by 1969, 1380; A 1975, 919; 1977, 1183; 1981, 64;
1989, 1671)
1. The members of the Board shall annually elect one of their
number as Chairman and one as Vice Chairman. Any two members of the Board
constitute a quorum.
2. The Board may, within the limits of legislative appropriations:
(a) Appoint a Commissioner and a Secretary, who shall be in the
unclassified service of the State; and
(b) Employ such additional clerical personnel as may be necessary,
who shall be in the classified service of the State.
(Added to NRS by 1969, 1380; A 1979, 285)
1. Each member of the Board is entitled to receive a salary of not
more than $80, as fixed by the Board, for each day in which he is engaged
in the business of the Board.
2. While engaged in the business of the Board, each member and
employee of the Board is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally.
(Added to NRS by 1969, 1381; A 1977, 1365; 1981, 1979; 1985, 392;
1989, 1710)
1. The Board may make rules governing:
(a) Proceedings before it;
(b) Procedures for fact-finding;
(c) The recognition of employee organizations; and
(d) The determination of bargaining units.
2. The Board may hear and determine any complaint arising out of
the interpretation of, or performance under, the provisions of this
chapter by any local government employer, local government employee or
employee organization. The Board shall conduct a hearing within 90 days
after it decides to hear a complaint. The Board, after a hearing, if it
finds that the complaint is well taken, may order any person to refrain
from the action complained of or to restore to the party aggrieved any
benefit of which he has been deprived by that action. The Board shall
issue its decision within 120 days after the hearing on the complaint is
completed.
3. Any party aggrieved by the failure of any person to obey an
order of the Board issued pursuant to subsection 2, or the Board at the
request of such a party, may apply to a court of competent jurisdiction
for a prohibitory or mandatory injunction to enforce the order.
4. The Board may not consider any complaint or appeal filed more
than 6 months after the occurrence which is the subject of the complaint
or appeal.
5. The Board may decide without a hearing a contested matter:
(a) In which all of the legal issues have been previously decided
by the Board, if it adopts its previous decision or decisions as
precedent; or
(b) Upon agreement of all the parties.
6. The Board may award reasonable costs, which may include
attorneys’ fees, to the prevailing party.
(Added to NRS by 1969, 1381; A 1975, 919; 1977, 1366; 1987, 1435;
1989, 1671)
1. For the purpose of hearing and deciding appeals or complaints,
the Board may issue subpoenas requiring the attendance of witnesses
before it, together with all books, memoranda, papers and other documents
relative to the matters under investigation, administer oaths and take
testimony thereunder.
2. The district court in and for the county in which any hearing
is being conducted by the Board may compel the attendance of witnesses,
the giving of testimony and the production of books and papers as
required by any subpoena issued by the Board.
3. In case of the refusal of any witness to attend or testify or
produce any papers required by such subpoena, the Board may report to the
district court in and for the county in which the hearing is pending by
petition, setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in this chapter; and
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena before the Board in the hearing named in
the subpoena, or has refused to answer questions propounded to him in the
course of such hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the Board.
4. The court, upon petition of the Board, shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in such order, the time to be not more than 10 days
from the date of the order, and then and there show cause why he has not
attended or testified or produced the books or papers before the Board. A
certified copy of the order shall be served upon the witness. If it
appears to the court that the subpoena was regularly issued by the Board,
the court shall thereupon enter an order that the witness appear before
the Board at the time and place fixed in the order and testify or produce
the required books or papers, and upon failure to obey the order the
witness shall be dealt with as for contempt of court.
(Added to NRS by 1969, 1381)
Every hearing and determination of an appeal or
complaint by the Board is a contested case subject to the provisions of
law which govern the administrative decision and judicial review of such
cases.
(Added to NRS by 1969, 1382; A 1977, 64)
RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS
1. It is the right of every local government employee, subject to
the limitation provided in subsection 3, to join any employee
organization of his choice or to refrain from joining any employee
organization. A local government employer shall not discriminate in any
way among its employees on account of membership or nonmembership in an
employee organization.
2. The recognition of an employee organization for negotiation,
pursuant to this chapter, does not preclude any local government employee
who is not a member of that employee organization from acting for himself
with respect to any condition of his employment, but any action taken on
a request or in adjustment of a grievance shall be consistent with the
terms of an applicable negotiated agreement, if any.
3. A police officer, sheriff, deputy sheriff or other law
enforcement officer may be a member of an employee organization only if
such employee organization is composed exclusively of law enforcement
officers.
(Added to NRS by 1969, 1377)
1. Except as provided in subsection 4, every local government
employer shall negotiate in good faith through one or more
representatives of its own choosing concerning the mandatory subjects of
bargaining set forth in subsection 2 with the designated representatives
of the recognized employee organization, if any, for each appropriate
bargaining unit among its employees. If either party so requests,
agreements reached must be reduced to writing.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary
compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or
workweek.
(h) Total number of days’ work required of an employee in a work
year.
(i) Discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from
discrimination because of participation in recognized employee
organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this
chapter.
(o) Grievance and arbitration procedures for resolution of disputes
relating to interpretation or application of collective bargaining
agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Materials and supplies for classrooms.
(u) The policies for the transfer and reassignment of teachers.
(v) Procedures for reduction in workforce.
3. Those subject matters which are not within the scope of
mandatory bargaining and which are reserved to the local government
employer without negotiation include:
(a) Except as otherwise provided in paragraph (u) of subsection 2,
the right to hire, direct, assign or transfer an employee, but excluding
the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of
lack of work or lack of money, subject to paragraph (v) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance
standards, except for safety considerations;
(2) The content of the workday, including without limitation
workload factors, except for safety considerations;
(3) The quality and quantity of services to be offered to
the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. Notwithstanding the provisions of any collective bargaining
agreement negotiated pursuant to this chapter, a local government
employer is entitled to take whatever actions may be necessary to carry
out its responsibilities in situations of emergency such as a riot,
military action, natural disaster or civil disorder. Those actions may
include the suspension of any collective bargaining agreement for the
duration of the emergency. Any action taken under the provisions of this
subsection must not be construed as a failure to negotiate in good faith.
5. The provisions of this chapter, including without limitation
the provisions of this section, recognize and declare the ultimate right
and responsibility of the local government employer to manage its
operation in the most efficient manner consistent with the best interests
of all its citizens, its taxpayers and its employees.
6. This section does not preclude, but this chapter does not
require the local government employer to negotiate subject matters
enumerated in subsection 3 which are outside the scope of mandatory
bargaining. The local government employer shall discuss subject matters
outside the scope of mandatory bargaining but it is not required to
negotiate those matters.
7. Contract provisions presently existing in signed and ratified
agreements as of May 15, 1975, at 12 p.m. remain negotiable.
(Added to NRS by 1969, 1377; A 1971, 1503; 1975, 919; 1983, 1622;
1987, 743, 1496, 1607; 1989, 1165)
Agreements entered into between local
government employers and employee organizations pursuant to this chapter
may extend beyond the term of office of any member or officer of the
local government employer.
(Added to NRS by 1975, 40)
1. An employee organization may apply to a local government
employer for recognition by presenting:
(a) A copy of its constitution and bylaws, if any;
(b) A roster of its officers, if any, and representatives; and
(c) A pledge in writing not to strike against the local government
employer under any circumstances.
Ê A local government employer shall not recognize as representative of
its employees any employee organization which has not adopted, in a
manner valid under its own rules, the pledge required by paragraph (c).
2. If an employee organization, at or after the time of its
application for recognition, presents a verified membership list showing
that it represents a majority of the employees in a bargaining unit, and
if the employee organization is recognized by the local government
employer, it shall be the exclusive bargaining agent of the local
government employees in that bargaining unit.
3. A local government employer may withdraw recognition from an
employee organization which:
(a) Fails to present a copy of each change in its constitution or
bylaws, if any, or to give notice of any change in the roster of its
officers, if any, and representatives;
(b) Disavows its pledge not to strike against the local government
employer under any circumstances;
(c) Ceases to be supported by a majority of the local government
employees in the bargaining unit for which it is recognized; or
(d) Fails to negotiate in good faith with the local government
employer,
Ê if it first receives the written permission of the Board.
4. If the Board in good faith doubts whether any employee
organization is supported by a majority of the local government employees
in a particular bargaining unit, it may conduct an election by secret
ballot upon the question. Subject to judicial review, the decision of the
Board is binding upon the local government employer and all employee
organizations involved.
5. The parties may agree in writing, without appealing to the
Board, to hold a representative election to determine whether an employee
organization represents the majority of the local government employees in
a bargaining unit. Participation by the Board and its staff in an agreed
election is subject to the approval of the Board.
(Added to NRS by 1969, 1378; A 1971, 1504; 1975, 921; 1977, 1366;
1983, 1624)
Each local government employer shall,
on or before November 30 of each year, file with the Board a list of all
employee organizations recognized by the employer and a description of
the bargaining unit for each employee organization.
(Added to NRS by 1989, 1669)
1. Each employee organization recognized by a local government
employer in this State shall file a report with the Board during November
of each year.
2. The report required by this section shall include:
(a) The full name of the employee organization.
(b) The name of each local government employer which recognizes the
employee organization.
(c) The names of the officers of the employee organization.
(d) The total number of persons in each bargaining unit represented
by the employee organization.
(e) Copies of all changes in the employee organization’s
constitution or bylaws adopted during the preceding year.
(f) The name, address and telephone number of the person designated
by the employee organization to receive communications from the Board on
business relating to the employee organization.
(g) A copy of any collective bargaining agreement in effect between
the organization and the local government employer.
3. An employee organization which has not previously been
recognized by a local government employer shall file the information
required by this section within 30 days after recognition.
(Added to NRS by 1979, 284)
1. Each local government employer which has recognized one or more
employee organizations shall determine, after consultation with the
recognized organization or organizations, which group or groups of its
employees constitute an appropriate unit or units for negotiating. The
primary criterion for that determination must be the community of
interest among the employees concerned.
2. A principal, assistant principal or other school administrator
below the rank of superintendent, associate superintendent or assistant
superintendent shall not be a member of the same bargaining unit with
public school teachers unless the school district employs fewer than five
principals but may join with other officials of the same specified ranks
to negotiate as a separate bargaining unit.
3. A head of a department of a local government, an administrative
employee or a supervisory employee must not be a member of the same
bargaining unit as the employees under his direction. Any dispute between
the parties as to whether an employee is a supervisor must be submitted
to the Board. An employee organization which is negotiating on behalf of
two or more bargaining units consisting of firefighters or police
officers, as defined in NRS 288.215 ,
may select members of the units to negotiate jointly on behalf of each
other, even if one of the units consists of supervisory employees and the
other unit does not.
4. Confidential employees of the local government employer must be
excluded from any bargaining unit but are entitled to participate in any
plan to provide benefits for a group that is administered by the
bargaining unit of which they would otherwise be a member.
5. If any employee organization is aggrieved by the determination
of a bargaining unit, it may appeal to the Board. Subject to judicial
review, the decision of the Board is binding upon the local government
employer and employee organizations involved. The Board shall apply the
same criterion as specified in subsection 1.
6. As used in this section, “confidential employee” means an
employee who is involved in the decisions of management affecting
collective bargaining.
(Added to NRS by 1969, 1378; A 1971, 1504; 1975, 922; 1987, 1305,
2202; 1991, 703; 2005, 325 )
1. Whenever an employee organization desires to negotiate
concerning any matter which is subject to negotiation pursuant to this
chapter, it shall give written notice of that desire to the local
government employer. If the subject of negotiation requires the budgeting
of money by the local government employer, the employee organization
shall give notice on or before February 1.
2. Following the notification provided for in subsection 1, the
employee organization or the local government employer may request
reasonable information concerning any subject matter included in the
scope of mandatory bargaining which it deems necessary for and relevant
to the negotiations. The information requested must be furnished without
unnecessary delay. The information must be accurate, and must be
presented in a form responsive to the request and in the format in which
the records containing it are ordinarily kept. If the employee
organization requests financial information concerning a metropolitan
police department, the local government employers which form that
department shall furnish the information to the employee organization.
3. The parties shall promptly commence negotiations. As the first
step, the parties shall discuss the procedures to be followed if they are
unable to agree on one or more issues.
4. This section does not preclude, but this chapter does not
require, informal discussion between an employee organization and a local
government employer of any matter which is not subject to negotiation or
contract under this chapter. Any such informal discussion is exempt from
all requirements of notice or time schedule.
(Added to NRS by 1969, 1379; A 1971, 1505; 1975, 923; 1977, 757;
1979, 1373; 1981, 1868; 1983, 1044)
[Effective through June 30, 2006.] Except in cases to which NRS 288.205
and 288.215 apply:
1. Anytime before July 1, the dispute may be submitted to a
mediator, if both parties agree. On or after July 1 but before July 5,
either party involved in negotiations may request a mediator. If the
parties do not agree upon a mediator, the Commissioner shall submit to
the parties a list of seven potential mediators. The parties shall select
their mediator from the list by alternately striking one name until the
name of only one mediator remains, who will be the mediator to hear the
dispute. The employee organization shall strike the first name.
2. If mediation is agreed to or requested pursuant to subsection
1, the mediator must be selected on or before July 15.
3. The mediator shall bring the parties together as soon as
possible and, unless otherwise agreed upon by the parties, attempt to
settle the dispute no later than July 31. He may establish the times and
dates for meetings and compel the parties to attend but has no power to
compel the parties to agree.
4. The local government employer and employee organization each
shall pay one-half of the cost of mediation. Each party shall pay its own
costs of preparation and presentation of its case in mediation.
5. If the dispute is submitted to a mediator and then submitted to
a fact finder, the mediator shall, before August 15, give to the
Commissioner of the Board a report of the efforts made to settle the
dispute.
(Added to NRS by 1969, 1379; A 1971, 1505; 1977, 917; 1979, 285;
1981, 1868; 1985, 1420; 1987, 571; 1989, 1669; 1997, 69)
[Effective July 1, 2006.] Except in cases to which NRS 288.205 and 288.215
apply:
1. Anytime before March 1, the dispute may be submitted to a
mediator, if both parties agree. Anytime after March 1, either party
involved in negotiations may request a mediator. If the parties do not
agree upon a mediator, the Commissioner shall submit to the parties a
list of seven potential mediators. The parties shall select their
mediator from the list by alternately striking one name until the name of
only one mediator remains, who will be the mediator to hear the dispute.
The employee organization shall strike the first name.
2. If mediation is agreed to or requested pursuant to subsection
1, the mediator must be selected at the time the parties agree upon a
mediator or, if the parties do not agree upon a mediator, within 5 days
after the parties receive the list of potential mediators from the
Commissioner.
3. The mediator shall bring the parties together as soon as
possible and, unless otherwise agreed upon by the parties, attempt to
settle the dispute within 30 days after being notified of his selection
as mediator. He may establish the times and dates for meetings and compel
the parties to attend but has no power to compel the parties to agree.
4. The local government employer and employee organization each
shall pay one-half of the cost of mediation. Each party shall pay its own
costs of preparation and presentation of its case in mediation.
5. If the dispute is submitted to a mediator and then submitted to
a fact finder, the mediator shall, within 15 days after the last meeting
between the parties, give to the Commissioner of the Board a report of
the efforts made to settle the dispute.
(Added to NRS by 1969, 1379; A 1971, 1505; 1977, 917; 1979, 285;
1981, 1868; 1985, 1420; 1987, 571; 1989, 1669; 1997, 69; 2005, 819 , effective July 1, 2006)
Whenever an employee organization enters into negotiations
with a local government employer, pursuant to NRS 288.140 to 288.220 ,
inclusive, such employee organization may be represented by an attorney
licensed to practice law in the State of Nevada.
(Added to NRS by 1973, 324)
[Effective
through June 30, 2006.] Except in cases to which NRS 288.205 and 288.215 ,
or NRS 288.217 apply:
1. If:
(a) The parties have participated in mediation and by August 1,
have not reached agreement; or
(b) The bargaining unit represented by the employee organization
contains fewer than 30 persons,
Ê either party to the dispute, at any time up to September 20, may submit
the dispute to an impartial fact finder for his findings and
recommendations. His findings and recommendations are not binding on the
parties except as provided in subsections 5, 6 and 9. The mediator of a
dispute may also be chosen by the parties to serve as the fact finder.
2. If the parties are unable to agree on an impartial fact finder
within 5 days, either party may request from the American Arbitration
Association or the Federal Mediation and Conciliation Service a list of
seven potential fact finders. If the parties are unable to agree upon
which arbitration service should be used, the Federal Mediation and
Conciliation Service must be used. The parties shall select their fact
finder from this list by alternately striking one name until the name of
only one fact finder remains, who will be the fact finder to hear the
dispute in question. The employee organization shall strike the first
name.
3. The local government employer and employee organization each
shall pay one-half of the cost of fact-finding. Each party shall pay its
own costs of preparation and presentation of its case in fact-finding.
4. A schedule of dates and times for the hearing must be
established before October 20 and the fact finder shall report his
findings and recommendations to the parties to the dispute within 30 days
after the conclusion of the fact-finding hearing.
5. The parties to the dispute may agree, before the submission of
the dispute to fact-finding, to make the findings and recommendations on
all or any specified issues final and binding on the parties.
6. If the parties do not agree on whether to make the findings and
recommendations of the fact finder final and binding, either party may
request the formation of a panel to determine whether the findings and
recommendations of a fact finder on all or any specified issues in a
particular dispute which are within the scope of subsection 9 are to be
final and binding. The determination must be made upon the concurrence of
at least two members of the panel and not later than October 20 unless
that date is extended by the Commissioner of the Board. Each panel shall,
when making its determination, consider whether the parties have
bargained in good faith and whether it believes the parties can resolve
any remaining issues. Any panel may also consider the actions taken by
the parties in response to any previous fact-finding between these
parties, the best interests of the State and all its citizens, the
potential fiscal effect both within and outside the political
subdivision, and any danger to the safety of the people of the State or a
political subdivision.
7. Except as otherwise provided in subsection 8, any fact finder,
whether his recommendations are to be binding or not, shall base his
recommendations or award on the following criteria:
(a) A preliminary determination must be made as to the financial
ability of the local government employer based on all existing available
revenues as established by the local government employer and within the
limitations set forth in NRS 354.6241 , with due regard for the obligation of the local government
employer to provide facilities and services guaranteeing the health,
welfare and safety of the people residing within the political
subdivision.
(b) Once the fact finder has determined in accordance with
paragraph (a) that there is a current financial ability to grant monetary
benefits, he shall use normal criteria for interest disputes regarding
the terms and provisions to be included in an agreement in assessing the
reasonableness of the position of each party as to each issue in dispute
and he shall consider whether the Board found that either party had
bargained in bad faith.
Ê The fact finder’s report must contain the facts upon which he based his
determination of financial ability to grant monetary benefits and his
recommendations or award.
8. Any sum of money which is maintained in a fund whose balance is
required by law to be:
(a) Used only for a specific purpose other than the payment of
compensation to the bargaining unit affected; or
(b) Carried forward to the succeeding fiscal year in any designated
amount, to the extent of that amount,
Ê must not be counted in determining the financial ability of a local
government employer and must not be used to pay any monetary benefits
recommended or awarded by the fact finder.
9. The issues which may be included in a panel’s order pursuant to
subsection 6 are:
(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining,
unless precluded for that year by an existing collective bargaining
agreement between the parties; and
(b) Those which an existing collective bargaining agreement between
the parties makes subject to negotiation in that year.
Ê This subsection does not preclude the voluntary submission of other
issues by the parties pursuant to subsection 5.
(Added to NRS by 1969, 1379; A 1971, 10, 1505; 1973, 238; 1975,
923; 1977, 389, 917, 1367; 1979, 286, 1374; 1981, 1869; 1983, 1625; 1985,
1420; 1987, 572; 1991, 626; 1995, 1936)
[Effective July
1, 2006.] Except in cases to which NRS 288.205 and 288.215 ,
or NRS 288.217 apply:
1. If:
(a) The parties have participated in mediation and by April 1, have
not reached agreement; or
(b) The bargaining unit represented by the employee organization
contains fewer than 30 persons,
Ê either party to the dispute, at any time after April 1, may submit the
dispute to an impartial fact finder for his findings and recommendations.
His findings and recommendations are not binding on the parties except as
provided in subsections 5, 6 and 9. The mediator of a dispute may also be
chosen by the parties to serve as the fact finder.
2. If the parties are unable to agree on an impartial fact finder
within 5 days, either party may request from the American Arbitration
Association or the Federal Mediation and Conciliation Service a list of
seven potential fact finders. If the parties are unable to agree upon
which arbitration service should be used, the Federal Mediation and
Conciliation Service must be used. Within 5 days after receiving a list
from the applicable arbitration service, the parties shall select their
fact finder from this list by alternately striking one name until the
name of only one fact finder remains, who will be the fact finder to hear
the dispute in question. The employee organization shall strike the first
name.
3. The local government employer and employee organization each
shall pay one-half of the cost of fact-finding. Each party shall pay its
own costs of preparation and presentation of its case in fact-finding.
4. A schedule of dates and times for the hearing must be
established within 10 days after the selection of the fact finder
pursuant to subsection 2, and the fact finder shall report his findings
and recommendations to the parties to the dispute within 30 days after
the conclusion of the fact-finding hearing.
5. The parties to the dispute may agree, before the submission of
the dispute to fact-finding, to make the findings and recommendations on
all or any specified issues final and binding on the parties.
6. If the parties do not agree on whether to make the findings and
recommendations of the fact finder final and binding, either party may
request the formation of a panel to determine whether the findings and
recommendations of a fact finder on all or any specified issues in a
particular dispute which are within the scope of subsection 9 are to be
final and binding. The determination must be made upon the concurrence of
at least two members of the panel and not later than the date which is 30
days after the date on which the matter is submitted to the panel, unless
that date is extended by the Commissioner of the Board. Each panel shall,
when making its determination, consider whether the parties have
bargained in good faith and whether it believes the parties can resolve
any remaining issues. Any panel may also consider the actions taken by
the parties in response to any previous fact-finding between these
parties, the best interests of the State and all its citizens, the
potential fiscal effect both within and outside the political
subdivision, and any danger to the safety of the people of the State or a
political subdivision.
7. Except as otherwise provided in subsection 8, any fact finder,
whether his recommendations are to be binding or not, shall base his
recommendations or award on the following criteria:
(a) A preliminary determination must be made as to the financial
ability of the local government employer based on all existing available
revenues as established by the local government employer and within the
limitations set forth in NRS 354.6241 , with due regard for the obligation of the local government
employer to provide facilities and services guaranteeing the health,
welfare and safety of the people residing within the political
subdivision.
(b) Once the fact finder has determined in accordance with
paragraph (a) that there is a current financial ability to grant monetary
benefits, he shall use normal criteria for interest disputes regarding
the terms and provisions to be included in an agreement in assessing the
reasonableness of the position of each party as to each issue in dispute
and he shall consider whether the Board found that either party had
bargained in bad faith.
Ê The fact finder’s report must contain the facts upon which he based his
determination of financial ability to grant monetary benefits and his
recommendations or award.
8. Any sum of money which is maintained in a fund whose balance is
required by law to be:
(a) Used only for a specific purpose other than the payment of
compensation to the bargaining unit affected; or
(b) Carried forward to the succeeding fiscal year in any designated
amount, to the extent of that amount,
Ê must not be counted in determining the financial ability of a local
government employer and must not be used to pay any monetary benefits
recommended or awarded by the fact finder.
9. The issues which may be included in a panel’s order pursuant to
subsection 6 are:
(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining,
unless precluded for that year by an existing collective bargaining
agreement between the parties; and
(b) Those which an existing collective bargaining agreement between
the parties makes subject to negotiation in that year.
Ê This subsection does not preclude the voluntary submission of other
issues by the parties pursuant to subsection 5.
(Added to NRS by 1969, 1379; A 1971, 10, 1505; 1973, 238; 1975,
923; 1977, 389, 917, 1367; 1979, 286, 1374; 1981, 1869; 1983, 1625; 1985,
1420; 1987, 572; 1991, 626; 1995, 1936; 2005, 820 , effective July 1, 2006)
[Effective through June 30, 2006.] Any request for the formation of a
panel to determine whether the findings and recommendations of a fact
finder must be final and binding must be filed no later than October 1
with the Commissioner. The request must include:
1. A list of the issues which remain unresolved and the position
of each party regarding those issues;
2. The requester’s assessment of the fiscal effect on the local
government of the requester’s positions;
3. An outline of any previous fact-finding between the parties,
which includes any recommendations and awards of a fact finder and the
actions of each party in response thereto;
4. A statement of whether the parties engaged in mediation
regarding the current dispute;
5. A schedule of the dates and times set by the fact finder for
the hearing; and
6. Any other information deemed necessary by the Commissioner.
Ê Any person filing such a request shall give written notice of the
request to the Nevada State Board of Accountancy and the State Bar of
Nevada.
(Added to NRS by 1981, 1867; A 1985, 1422)
[Effective July 1, 2006.] Any request for the formation of a panel to
determine whether the findings and recommendations of a fact finder must
be final and binding must be filed with the Commissioner. The request
must include:
1. A list of the issues which remain unresolved and the position
of each party regarding those issues;
2. The requester’s assessment of the fiscal effect on the local
government of the requester’s positions;
3. An outline of any previous fact-finding between the parties,
which includes any recommendations and awards of a fact finder and the
actions of each party in response thereto;
4. A statement of whether the parties engaged in mediation
regarding the current dispute;
5. A schedule of the dates and times set by the fact finder for
the hearing; and
6. Any other information deemed necessary by the Commissioner.
Ê Any person filing such a request shall give written notice of the
request to the Nevada State Board of Accountancy and the State Bar of
Nevada.
(Added to NRS by 1981, 1867; A 1985, 1422; 2005, 822 , effective July 1, 2006)
[Effective through
June 30, 2006.]
1. Within 5 days after receiving notice of such a request, the
Nevada State Board of Accountancy and the State Bar of Nevada shall each
submit to the Commissioner and each party to the dispute a list of names
of five of their members who would serve on a panel and are not closely
allied with any employee association or local government employer.
2. Within 8 days after receiving the lists, the parties shall
choose one name from each list by alternately striking one name until the
names of only one attorney and one accountant remain, who will each be a
member of the panel. The parties shall choose the member from the list of
accountants separately from their choice from the list of attorneys. The
parties shall notify the Commissioner of their selections and he shall
notify the attorney and accountant selected.
3. Within 5 days after receiving notice of their selection, the
attorney and accountant shall:
(a) Choose the third member of the panel, who must:
(1) Be willing to serve on the panel;
(2) Be a resident of this State; and
(3) Not be closely allied with any employee organization or
local government employer.
(b) Notify the Commissioner of their choice, and the three members
shall notify the Commissioner of the dates before August 10 when they
will all be available to attend hearings.
4. The Commissioner shall serve as a nonvoting member and also as
the chairman of the panel.
5. If the accountant or attorney selected to serve on the panel is
unable to do so, the Nevada State Board of Accountancy or State Bar of
Nevada shall designate a person to replace its nominee. If the person
selected by the accountant and attorney is unable to serve, they shall
designate a person to replace him. If the Commissioner is unable to
serve, the Governor shall designate a person to serve in his capacity.
(Added to NRS by 1981, 1867)
[Effective July 1,
2006.]
1. Within 5 days after receiving notice of such a request, the
Nevada State Board of Accountancy and the State Bar of Nevada shall each
submit to the Commissioner and each party to the dispute a list of names
of five of their members who would serve on a panel and are not closely
allied with any employee association or local government employer.
2. Within 8 days after receiving the lists, the parties shall
choose one name from each list by alternately striking one name until the
names of only one attorney and one accountant remain, who will each be a
member of the panel. The parties shall choose the member from the list of
accountants separately from their choice from the list of attorneys. The
parties shall notify the Commissioner of their selections and he shall
notify the attorney and accountant selected.
3. Within 5 days after receiving notice of their selection, the
attorney and accountant shall:
(a) Choose the third member of the panel, who must:
(1) Be willing to serve on the panel;
(2) Be a resident of this State; and
(3) Not be closely allied with any employee organization or
local government employer.
(b) Notify the Commissioner of their choice, and the three members
shall, within 5 days after selecting the third member of the panel,
notify the Commissioner of the dates when they will all be available to
attend hearings.
4. The Commissioner shall serve as a nonvoting member and also as
the chairman of the panel.
5. If the accountant or attorney selected to serve on the panel is
unable to do so, the Nevada State Board of Accountancy or State Bar of
Nevada shall designate a person to replace its nominee. If the person
selected by the accountant and attorney is unable to serve, they shall
designate a person to replace him. If the Commissioner is unable to
serve, the Governor shall designate a person to serve in his capacity.
(Added to NRS by 1981, 1867; A 2005, 822 , effective July 1, 2006)
1. Each person, except the Commissioner, who serves on a panel
formed pursuant to NRS 288.201 is
entitled to receive as compensation $150 for each day he is engaged in
the business of the panel and the expenses and allowances prescribed in
NRS 281.160 .
2. All claims which arise pursuant to this section must be paid
from the reserve for Statutory Contingency Account upon approval by the
Commissioner and the State Board of Examiners.
(Added to NRS by 1981, 1868; A 1985, 618; 1991, 1760)
In the case of an employee organization and a local government
employer to which NRS 288.215 applies,
the following departures from the provisions of NRS 288.200 also apply:
1. If the parties have not reached agreement by April 10, either
party may submit the dispute to an impartial fact finder at any time for
his findings.
2. In a regular legislative year, the fact-finding hearing must be
stayed up to 20 days after the adjournment of the Legislature sine die.
3. Any time limit prescribed by this section or NRS 288.200 may be extended by agreement of the parties.
(Added to NRS by 1977, 916; A 1979, 1375)
1. For the purpose of investigating disputes, the fact finder may
issue subpoenas requiring the attendance of witnesses before him,
together with all books, memoranda, papers and other documents relative
to the matters under investigation, administer oaths and take testimony
thereunder.
2. The district court in and for the county in which any
investigation is being conducted by a fact finder may compel the
attendance of witnesses, the giving of testimony and the production of
books and papers as required by any subpoena issued by the fact finder.
3. In case of the refusal of any witness to attend or testify or
produce any papers required by such subpoena, the fact finder may report
to the district court in and for the county in which the investigation is
pending by petition, setting forth:
(a) That due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in this chapter;
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena before the fact finder in the
investigation named in the subpoena, or has refused to answer questions
propounded to him in the course of such investigation,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the fact finder.
4. The court, upon petition of the fact finder, shall enter an
order directing the witness to appear before the court at a time and
place to be fixed by the court in such order, the time to be not more
than 10 days from the date of the order, and then and there show cause
why he has not attended or testified or produced the books or papers
before the fact finder. A certified copy of the order shall be served
upon the witness. If it appears to the court that the subpoena was
regularly issued by the fact finder, the court shall thereupon enter an
order that the witness appear before the fact finder at the time and
place fixed in the order and testify or produce the required books or
papers, and upon failure to obey the order the witness shall be dealt
with as for contempt of court.
(Added to NRS by 1969, 1379; A 1971, 1507)
1. As used in this section:
(a) “Firefighters” means those persons who are salaried employees
of a fire prevention or suppression unit organized by a political
subdivision of the State and whose principal duties are controlling and
extinguishing fires.
(b) “Police officers” means those persons who are salaried
employees of a police department or other law enforcement agency
organized by a political subdivision of the State and whose principal
duties are to enforce the law.
2. The provisions of this section apply only to firefighters and
police officers and their local government employers.
3. If the parties have not agreed to make the findings and
recommendations of the fact finder final and binding upon all issues, and
do not otherwise resolve their dispute, they shall, within 10 days after
the fact finder’s report is submitted, submit the issues remaining in
dispute to an arbitrator who must be selected in the manner provided in
NRS 288.200 and have the same powers
provided for fact finders in NRS 288.210 .
4. The arbitrator shall, within 10 days after he is selected, and
after 7 days’ written notice is given to the parties, hold a hearing to
receive information concerning the dispute. The hearings must be held in
the county in which the local government employer is located and the
arbitrator shall arrange for a full and complete record of the hearings.
5. At the hearing, or at any subsequent time to which the hearing
may be adjourned, information may be presented by:
(a) The parties to the dispute; or
(b) Any interested person.
6. The parties to the dispute shall each pay one-half of the costs
incurred by the arbitrator.
7. A determination of the financial ability of a local government
employer must be based on all existing available revenues as established
by the local government employer and within the limitations set forth in
NRS 354.6241 , with due regard for the obligation of the local government
employer to provide facilities and services guaranteeing the health,
welfare and safety of the people residing within the political
subdivision.
8. At the recommendation of the arbitrator, the parties may,
before the submission of a final offer, enter into negotiations. If the
negotiations are begun, the arbitrator may adjourn the hearings for a
period of 3 weeks. An agreement by the parties is final and binding, and
upon notification to the arbitrator, the arbitration terminates.
9. If the parties do not enter into negotiations or do not agree
within 30 days, each of the parties shall submit a single written
statement containing its final offer for each of the unresolved issues.
10. The arbitrator shall, within 10 days after the final offers
are submitted, accept one of the written statements, on the basis of the
criteria provided in NRS 288.200 , and
shall report his decision to the parties. The decision of the arbitrator
is final and binding on the parties. Any award of the arbitrator is
retroactive to the expiration date of the last contract.
11. The decision of the arbitrator must include a statement:
(a) Giving his reason for accepting the final offer that is the
basis of his award; and
(b) Specifying his estimate of the total cost of the award.
(Added to NRS by 1977, 916; A 1985, 2163; 1987, 1860; 1995, 1938;
2005, 326 )
1. The provisions of this section govern negotiations between
school districts and employee organizations representing teachers and
educational support personnel.
2. If the parties to a negotiation pursuant to this section have
failed to reach an agreement after at least four sessions of negotiation,
either party may declare the negotiations to be at an impasse and, after
5 days’ written notice is given to the other party, submit the issues
remaining in dispute to an arbitrator. The arbitrator must be selected in
the manner provided in subsection 2 of NRS 288.200 and has the powers provided for fact finders
in NRS 288.210 .
3. The arbitrator shall, within 30 days after he is selected, and
after 7 days’ written notice is given to the parties, hold a hearing to
receive information concerning the dispute. The hearing must be held in
the county in which the school district is located and the arbitrator
shall arrange for a full and complete record of the hearing.
4. The parties to the dispute shall each pay one-half of the costs
of the arbitration.
5. A determination of the financial ability of a school district
must be based on all existing available revenues as established by the
school district and within the limitations set forth in NRS 354.6241
, with due regard for the obligation of the school district to
provide an education to the children residing within the district.
6. At the recommendation of the arbitrator, the parties may,
before the submission of a final offer, enter into negotiations. If the
negotiations are begun, the arbitrator may adjourn the hearing for a
period of 3 weeks. If an agreement is reached, it must be submitted to
the arbitrator, who shall certify it as final and binding.
7. If the parties do not enter into negotiations or do not agree
within 30 days after the hearing held pursuant to subsection 3, each of
the parties shall submit a single written statement containing its final
offer for each of the unresolved issues.
8. The arbitrator shall, within 10 days after the final offers are
submitted, render his decision on the basis of the criteria set forth in
NRS 288.200 . The arbitrator shall
accept one of the written statements and shall report his decision to the
parties. The decision of the arbitrator is final and binding on the
parties. Any award of the arbitrator is retroactive to the expiration
date of the last contract between the parties.
9. The decision of the arbitrator must include a statement:
(a) Giving his reason for accepting the final offer that is the
basis of his award; and
(b) Specifying his estimate of the total cost of the award.
10. As used in this section:
(a) “Educational support personnel” means all classified employees
of a school district, other than teachers, who are represented by an
employee organization.
(b) “Teacher” means an employee of a school district who is
licensed to teach in this State and who is represented by an employee
organization.
(Added to NRS by 1991, 625; A 1995, 1939)
The following proceedings, required by or pursuant to this chapter, are
not subject to any provision of NRS which requires a meeting to be open
or public:
1. Any negotiation or informal discussion between a local
government employer and an employee organization or employees as
individuals, whether conducted by the governing body or through a
representative or representatives.
2. Any meeting of a mediator with either party or both parties to
a negotiation.
3. Any meeting or investigation conducted by a fact finder.
4. Any meeting of the governing body of a local government
employer with its management representative or representatives.
5. Deliberations of the Board toward a decision on a complaint,
appeal or petition for declaratory relief.
(Added to NRS by 1969, 1380; A 1971, 600, 1508; 1977, 1368; 1979,
287)
STRIKES
1. The Legislature finds as facts:
(a) That the services provided by the State and local government
employers are of such nature that they are not and cannot be duplicated
from other sources and are essential to the health, safety and welfare of
the people of the State of Nevada;
(b) That the continuity of such services is likewise essential, and
their disruption incompatible with the responsibility of the State to its
people; and
(c) That every person who enters or remains in the employment of
the State or a local government employer accepts the facts stated in
paragraphs (a) and (b) as an essential condition of his employment.
2. The Legislature therefore declares it to be the public policy
of the State of Nevada that strikes against the State or any local
government employer are illegal.
(Added to NRS by 1969, 1382)
1. If a strike occurs against the State or a local government
employer, the State or local government employer shall, and if a strike
is threatened against the State or a local government employer, the State
or local government employer may, apply to a court of competent
jurisdiction to enjoin such strike. The application shall set forth the
facts constituting the strike or threat to strike.
2. If the court finds that an illegal strike has occurred or
unless enjoined will occur, it shall enjoin the continuance or
commencement of such strike. The provisions of N.R.C.P. 65 and of the other Nevada Rules of Civil Procedure apply
generally to proceedings under this section, but the court shall not
require security of the State or of any local government employer.
(Added to NRS by 1969, 1382)
1. If a strike is commenced or continued in violation of an order
issued pursuant to NRS 288.240 , the
court may:
(a) Punish the employee organization or organizations guilty of
such violation by a fine of not more than $50,000 against each
organization for each day of continued violation.
(b) Punish any officer of an employee organization who is wholly or
partly responsible for such violation by a fine of not more than $1,000
for each day of continued violation, or by imprisonment as provided in
NRS 22.110 .
(c) Punish any employee of the State or of a local government
employer who participates in such strike by ordering the dismissal or
suspension of such employee.
2. Any of the penalties enumerated in subsection 1 may be applied
alternatively or cumulatively, in the discretion of the court.
(Added to NRS by 1969, 1382)
1. If a strike or violation is commenced or continued in violation
of an order issued pursuant to NRS 288.240 , the State or the local government employer
may:
(a) Dismiss, suspend or demote all or any of the employees who
participate in such strike or violation.
(b) Cancel the contracts of employment of all or any of the
employees who participate in such strike or violation.
(c) Withhold all or any part of the salaries or wages which would
otherwise accrue to all or any of the employees who participate in such
strike or violation.
2. Any of the powers conferred by subsection 1 may be exercised
alternatively or cumulatively.
(Added to NRS by 1969, 1383; A 1971, 1508)
PROHIBITED PRACTICES
1. It is a prohibited practice for a local government employer or
its designated representative willfully to:
(a) Interfere, restrain or coerce any employee in the exercise of
any right guaranteed under this chapter.
(b) Dominate, interfere or assist in the formation or
administration of any employee organization.
(c) Discriminate in regard to hiring, tenure or any term or
condition of employment to encourage or discourage membership in any
employee organization.
(d) Discharge or otherwise discriminate against any employee
because he has signed or filed an affidavit, petition or complaint or
given any information or testimony under this chapter, or because he has
formed, joined or chosen to be represented by any employee organization.
(e) Refuse to bargain collectively in good faith with the exclusive
representative as required in NRS 288.150 . Bargaining collectively includes the entire
bargaining process, including mediation and fact-finding, provided for in
this chapter.
(f) Discriminate because of race, color, religion, sex, age,
physical or visual handicap, national origin or because of political or
personal reasons or affiliations.
(g) Fail to provide the information required by NRS 288.180 .
2. It is a prohibited practice for a local government employee or
for an employee organization or its designated agent willfully to:
(a) Interfere with, restrain or coerce any employee in the exercise
of any right guaranteed under this chapter.
(b) Refuse to bargain collectively in good faith with the local
government employer, if it is an exclusive representative, as required in
NRS 288.150 . Bargaining collectively
includes the entire bargaining process, including mediation and
fact-finding, provided for in this chapter.
(c) Discriminate because of race, color, religion, sex, age,
physical or visual handicap, national origin or because of political or
personal reasons or affiliations.
(d) Fail to provide the information required by NRS 288.180 .
(Added to NRS by 1971, 1508; A 1975, 924; 1977, 757)
Any controversy concerning prohibited practices may
be submitted to the Board in the same manner and with the same effect as
provided in NRS 288.110 , except that an
alleged failure to provide information as provided by NRS 288.180 shall be heard and determined by the Board as
soon as possible after the complaint is filed with the Board.
(Added to NRS by 1971, 1509; A 1977, 758)
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