USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 614 - ORGANIZED LABOR AND LABOR DISPUTES
1. Whenever a controversy concerning wages, hours of labor, or
conditions of employment shall arise between an employer and his
employees, seriously interrupting or threatening to interrupt the
business of the employer, the Governor shall, upon the request of either
party to the controversy, with all practicable expedition, put himself in
communication with the parties to such controversy, and shall use his
best efforts, by mediation and conciliation, to settle the same amicably.
He may either exercise such powers of conciliation himself or appoint a
commission for such purpose.
2. If such efforts of conciliation shall be unsuccessful, the
Governor shall at once endeavor to bring about an arbitration of such
controversy in accordance with the provisions of NRS 614.010 to 614.080 ,
inclusive.
[1:181:1907; RL § 1929; NCL § 2763]
1. Whenever a controversy shall arise between an employer and his
employees which cannot be settled by mediation and conciliation in the
manner provided in NRS 614.010 , such
controversy may, with the consent of the parties to the controversy, be
submitted to the arbitration of a board of three persons who shall be
chosen in the following manner. One shall be named by the employer
directly interested, and one shall be named by the labor organization to
which the employees directly interested belong, or if they belong to more
than one, such arbitrator shall be agreed upon and designated by the
concurrent action of all such labor organizations. The two thus chosen
shall select the third commissioner of arbitration. In the event of their
failure to name such arbitrator within 5 days after their first meeting,
the three arbitrators shall be named by the Governor.
2. A majority of the arbitrators shall be competent to make a
binding and valid award under the provisions of NRS 614.010 to 614.080 ,
inclusive.
[Part 2:181:1907; RL § 1930; NCL § 2764]
The submission shall:
1. Be in writing.
2. Be signed by the employer and by the labor organization or
organizations representing the employees.
3. Specify the time and place of meeting of such board of
arbitration.
4. State the questions to be decided.
5. Contain appropriate provisions by which the respective parties
shall stipulate as follows:
(a) That the board of arbitration shall commence its hearings
within 10 days from the date of the appointment of the third arbitrator,
and shall find and file its award within 30 days from the date of the
appointment of the third arbitrator; and that pending the arbitration the
status existing immediately prior to the dispute shall not be changed;
but that no employee shall be compelled to render personal service
without his consent.
(b) That the award and the papers and proceedings, including the
testimony relating thereto certified under the hands of the arbitrators,
shall be filed in the clerk’s office of the district court for the county
wherein the controversy arises or the arbitration is entered into, and
shall be final and conclusive upon both parties, unless set aside for
error of law apparent on the record.
(c) That the respective parties to the award will each faithfully
execute the same, and that the same may be specifically enforced in
equity so far as the powers of a court of equity permit; but that no
injunction or other legal process shall be issued which shall compel the
performance by any laborer against his will of a contract for personal
labor or service.
(d) That employees dissatisfied with the award shall not by reason
of such dissatisfaction quit the service of the employer before the
expiration of 3 months from and after the making of such award without
giving 30 days’ notice in writing of their intention so to quit; nor
shall the employer dissatisfied with such award dismiss any employee or
employees on account of such dissatisfaction before the expiration of 3
months from and after the making of such award without giving 30 days’
notice in writing of his intention so to discharge.
(e) That the award shall continue in force as between the parties
thereto for the period of 1 year after the same shall go into practical
operation, and no new arbitration upon the same subject between the same
employer and the same class of employees shall be had until the
expiration of such 1 year if the award is not set aside as provided.
[Part 2:181:1907; RL § 1930; NCL § 2764]
1. The award being filed in the clerk’s office of the district
court, as provided in NRS 614.030 , it
shall go into practical operation and judgment shall be entered thereon
accordingly at the expiration of 10 days from such filing, unless within
such 10 days either party shall file exceptions thereto for matter of law
apparent on the record, in which case the award shall go into practical
operation and judgment shall be entered accordingly when such exceptions
shall have been finally disposed of either by the district court or on
appeal therefrom.
2. At the expiration of 10 days from the decision of the district
court upon exception taken to the award as stated in subsection 1,
judgment shall be entered in accordance with the decision, unless during
the 10 days either party shall appeal therefrom to the Supreme Court of
the State of Nevada. In such case only such portion of the record shall
be transmitted to the Supreme Court as is necessary to a proper
understanding and consideration of the questions of law presented by the
exceptions and to be decided.
3. The determination of the Supreme Court upon the questions shall
be final, and, being certified by the clerk thereof to the district
court, judgment pursuant thereto shall thereupon be entered by the
district court.
4. If exceptions to an award are finally sustained, judgment shall
be entered setting aside the award, but in such case the parties may
agree upon a judgment to be entered disposing of the subject matter of
the controversy, which judgment when entered shall have the same force
and effect as judgment entered upon an award.
[3:181:1907; RL § 1931; NCL § 2765]
For the
purposes of NRS 614.010 to 614.080
, inclusive, the arbitrators therein
provided for, or either of them:
1. Shall have power to administer oaths and affirmations, sign
subpoenas, require the attendance and testimony of witnesses, and require
the production of such books, papers, contracts, agreements and documents
material to a just determination of the matters under investigation as
may be ordered by the courts; and
2. May invoke the aid of the courts to compel witnesses to attend
and testify, and to produce such books, papers, contracts, agreements and
documents as the courts shall determine to be material and competent
evidence.
[4:181:1907; RL § 1932; NCL § 2766]
1. Every agreement of arbitration under NRS 614.010 to 614.080 ,
inclusive, shall be acknowledged by the parties before a notary public or
the clerk of a district court of the State. When so acknowledged a copy
of the same shall be filed with and recorded by the county recorder of
the county in which the arbitration is entered into, and a copy shall
also be sent to the Governor, who shall file the same in the office of
the Secretary of State.
2. The Secretary of State shall cause a notice in writing to be
served upon the arbitrators, fixing the time and place for a meeting of
the board, which meeting shall be within 15 days from the execution of
the agreement of arbitration.
3. The Governor shall decline to call a meeting of the arbitrators
under such agreement unless it shall be shown to his satisfaction that
the employees signing the submission represent or include a majority of
all the employees in the service of the same employer and of the same
grade and class, and that an award pursuant to such submission can justly
be regarded as binding upon all such employees.
[5:181:1907; RL § 1933; NCL § 2767]
The agreement of
arbitration shall provide for the compensation of arbitrators and their
traveling and other necessary expenses.
[7:181:1907; RL § 1935; NCL § 2769]
1. During the pendency of arbitration under NRS 614.010 to 614.080 ,
inclusive, it shall not be lawful:
(a) For the employer, a party to such arbitration, to discharge the
employees, parties thereto, except for inefficiency, violation of law or
neglect of duty.
(b) For the organization representing such employees to order, or
for the employees to unite in, aid or abet strikes against the employer.
2. During a period of 3 months after an award under such an
arbitration, it shall not be lawful:
(a) For such employer to discharge any such employees, except for
the causes stated in paragraph (a) of subsection 1, without giving 30
days’ written notice of an intent so to discharge.
(b) For any of such employees, during a like period, to quit the
service of the employer without just cause, without giving to the
employer 30 days’ written notice of an intent so to do, or for the
organization representing such employees to order, counsel or advise
otherwise.
3. Any violation of this section shall subject the offending party
to liability for damages.
4. Nothing herein contained shall be construed to prevent any
employer, a party to such arbitration, from reducing the number of his or
its employees whenever in his or its judgment business necessities
require such a reduction.
[6:181:1907; RL § 1934; NCL § 2768]
REPRESENTATION OF ADVERSARY PARTIES IN LABOR DISPUTES
In the interpretation
and application of this section and NRS 614.100 and 614.110 ,
the public policy of this state is declared as follows:
1. Negotiations of terms and conditions of labor should result
from voluntary agreement between employer and employees. Governmental
authority has permitted and encouraged employers to organize in the
corporate and other forms of capital control. In dealing with such
employers, the individual organized worker is helpless to exercise actual
liberty of contract and to protect his freedom of labor, and thereby to
obtain acceptable terms and conditions of employment. Therefore, it is
necessary that the individual workman have full freedom of association,
self-organization, and designation of representatives of his own choosing
to negotiate the terms and conditions of his employment, and that he
shall be free from the interference, restraint or coercion of employers
of labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
2. The employers have enjoyed these rights for ages and now enjoy
the right to negotiate with their employees and prospective employees
through agencies and representatives of their own choosing. The workmen
should enjoy the same right and should be accorded the same privilege in
protecting and providing for their most valuable asset, the labor of
their brain and brawn, as is accorded the employers in the protection and
enhancement of their property rights in their industries and affairs.
Mutuality of conduct in the negotiations between the employers and
workers concerning wage agreements, working conditions and all other
matters connected with the employment of human beings in industry of any
kind is essential to the welfare of both and to the industrial peace of
the community, State and Nation.
[1:206:1937; 1931 NCL § 2825.31]
It shall be unlawful for any employer, or any
association or combination of employers of labor, in this state, or any
workman, laborer, association, organization or combination of workmen or
laborers in this state, or any officer or officers, agent or agents,
attorney or attorneys, or any other person or persons whatsoever
representing any such employer or association or combination of employers
or representing any such workman or laborer or association, organization
or combination of workmen or laborers, to deny or cause to be denied, or
to prevent or cause to be prevented, in any hearing, meeting or
conference between any such employer or employers and any such workmen or
laborers, or any combination thereof, wherein wage negotiations, wage
disputes, working conditions, matters of discipline, or any other matter
or matters may be the subject of any such hearing, meeting or conference,
the right of representation thereat by a person or persons chosen by the
adversary party or parties then and there engaged in such hearing,
meeting or conference to act as its or their representative or
representatives, and any such person or persons so chosen shall be
recognized and accorded the right to represent at such hearing, meeting
or conference the party or parties so choosing such representative person
or persons and present and submit the views, contentions and demands
thereof.
[2:206:1937; 1931 NCL § 2825.32]
Any person, firm, association, combination
of persons, organization or corporation, or any officer, agent, servant,
employee or attorney thereof, violating the provisions of NRS 614.090
and 614.100 shall be guilty of a misdemeanor.
[3:206:1937; 1931 NCL § 2825.33]—(NRS A 1967, 636)
NOTICE OF STRIKES
1. It is unlawful for any person, firm or association to issue,
cause to be issued, circulate or cause to be circulated any printed or
written matter notifying or advising the public or any organization by
mail, or hand to hand, that a strike exists or is called in any place
within the State of Nevada, unless the circular, letter or notice so
issued shall contain the signatures of at least three persons who at the
time of signing the circular were residents and citizens of the State for
a period of 6 months.
2. A copy of the same shall be furnished the Labor Commissioner.
[1:151:1923; NCL § 2788]
Any person violating the provisions of NRS
614.120 shall be guilty of a
misdemeanor.
[2:151:1923; NCL § 2789]—(NRS A 1967, 636)
MISCELLANEOUS PROVISIONS
Every
person who shall give, offer or promise, directly or indirectly, any
compensation, gratuity or reward to any duly constituted representative
of a labor organization, with intent to influence him in respect to any
of his acts, decisions or other duties as such representative, or to
induce him to prevent or cause a strike by the employees of any person or
corporation, shall be guilty of a gross misdemeanor.
[1911 C&P 529; RL § 6794; NCL § 10475]
Every person who, being the duly constituted
representative of a labor organization, shall ask for or receive,
directly or indirectly, any compensation, gratuity or reward, or any
promise thereof, upon any agreement or understanding that any of his
acts, decisions or other duties as such representative, or that any act
to prevent or cause a strike of the employees of any person or
corporation, shall be influenced thereby, shall be guilty of a gross
misdemeanor.
[1911 C&P § 530; RL § 6795; NCL § 10476]
1. During the pendency of a strike, work stoppage or other
dispute, it is unlawful for any person:
(a) To picket on private property without the written permission of
the owner or pursuant to an order from a federal court or agency of
competent jurisdiction, even if the private property is open to the
public as invitees for business, except that an employee may enter or
leave his employer’s property in the course of his employment or for the
purpose of receiving payment for services performed;
(b) To maintain any picket or picket line, individually or as part
of a group, in front of or across entrances to or exits from any
property, except that the following numbers of pickets may be maintained
across entrances or exits if the pickets do not narrow or block the
entrances or exits or delay, impede or interfere with the ability of
persons or vehicles to enter or leave the property:
(1) Two pickets at pedestrian entrances and exits;
(2) Two pickets at driveway entrances and exits 20 feet or
less in width; and
(3) Six pickets at driveway entrances and exits more than 20
feet in width;
(c) Knowingly to threaten, molest, assault, or in any manner
physically touch the person, clothing or vehicle of any person attempting
to enter or leave any property, including employees, agents, contractors,
representatives, guests, customers or others doing or attempting to do
business with the owner or occupant;
(d) Intentionally to operate a motor vehicle so as to delay, impede
or interfere with the ability of persons or vehicles to enter or leave
any property;
(e) To use language or words threatening to do harm to a person or
his property or designed to incite fear in any person attempting to enter
or leave any property; or
(f) Knowingly to spread, drop, throw or otherwise knowingly to
disperse nails, tacks, staples, glass or other objects in the entrances
to or exits from any property.
2. Any persons participating in a strike, work stoppage or other
dispute may picket on the public sidewalks or other public areas between
entrances and exits to any property if the pickets maintain a distance of
30 feet from each person or group of two persons to the next person or
group and no more than two persons walk abreast.
3. Persons who picket any property may congregate in groups of 10
or fewer to confer with their captain at reasonable times or to obtain
food and drink at reasonable times, but shall not so congregate within 30
feet of any entrance or exit.
4. Each county shall adopt by ordinance a procedure by which it
may grant a variance from the provisions of paragraph (b) of subsection 1.
5. Any person who violates the prohibitions of this section or of
a variance granted pursuant to subsection 4 is guilty of a misdemeanor.
This section does not preclude civil action or additional criminal
prosecution based upon acts which are prohibited by this section.
(Added to NRS by 1985, 2183)
The draft of the
proposed changes to a contract reached through collective bargaining
between a labor organization and an employer must be submitted in writing
by the labor organization to the organization’s membership who attend the
meeting for ratification before the members vote to accept or reject the
contract.
(Added to NRS by 1985, 1921)
1. The Legislature hereby declares that:
(a) Employees who are members of labor organizations are entitled
to reasonable assurances that money they contribute for plans which
provide health, welfare, pension or other similar benefits is being used
for the intended purpose.
(b) Local labor organizations cannot control the use of money
contributed for such plans if the plans are managed and operated in
another state for labor organizations of which the local organization is
an affiliate.
(c) A local labor organization should be entitled to require local
administration of such plans if the organization so elects.
2. Nothing in this section:
(a) Relates to any plan for providing the benefits described in
paragraph (a) of subsection 1. This section relates only to the
determination by a local labor organization to establish a locally
administered plan for its members.
(b) Purports to impair any obligation under an existing contract.
3. A labor organization whose members are employed in this state
may elect to require administration in this state of any plan for
providing health, welfare, pension or other similar benefits for its
members. If such a plan is being administered on behalf of an
organization of which the local labor organization is an affiliate, the
local organization may elect to discontinue its members’ contributions to
the plan and establish a separate plan for its members which is
administered by a trustee in this state.
(Added to NRS by 1985, 657)
