- 82nd Session (2023)
Assembly Bill No. 172–Assemblymen Anderson,
Duran, Carter; Considine and Thomas
Joint Sponsor: Senator Daly
CHAPTER..........
AN ACT relating to collective bargaining; requiring, with certain
exceptions, each school district to semiannually provide each
employee organization recognized by the school district
certain information relating to each employee of the
bargaining unit represented by the employee organization;
requiring collective bargaining between the Executive
Department of State Government and classified employees to
include matters relating to parking and transportation; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires each employee organization recognized by a local
government employer, including, without limitation, a school district, in this State
to file a report with the Government Employee-Management Relations Board each
year containing certain information, including, without limitation, the total number
of persons in each bargaining unit represented by the employee organization. (NRS
288.165) Section 1 of this bill requires, with certain exception, that each school
district provide each employee organization recognized by the school district the
name, address, electronic mail address, telephone number, work contact
information and work location of each employee in the bargaining unit represented
by the employee organization at least on a semiannual basis, unless the school
district and an employee organization recognized by the school district agree
otherwise. Section 1 further provides that if a school district employee notifies his
or her employer in writing that he or she does not want the employer to provide his
or her information to the employee organization, the school district must not
provide the information to the employee organization but must still provide the
information to the Government Employee-Management Relations Board when
requested by order of the Board. Section 1 also provides that information about any
school district employee provided to an employee organization or the Board is
confidential and is not a public record. Section 3 of this bill makes a conforming
change relating to making such information confidential and not a public record.
Existing law sets forth the requirements for collective bargaining between the
Executive Department of State Government and employee organizations that
represent classified employees, including the subjects of mandatory bargaining.
(NRS 288.500) Section 2.5 of this bill additionally requires such collective
bargaining to include matters relating to parking and transportation.
Section 2 of this bill makes a conforming change to indicate the proper
placement of section 1 in the Nevada Revised Statutes.
– 2 –
- 82nd Session (2023)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 288 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in this subsection and
subsection 3, at least twice each year, on or before January 1 and
July 1, each school district shall provide each employee
organization recognized by the school district the name, address,
electronic mail address, telephone number, work contact
information and work location of each school district employee of
the bargaining unit represented by the employee organization. A
school district and an employee organization may agree to provide
such information about school district employees at other times
that are in addition to or in place of January 1 and July 1 of each
year.
2. Except as otherwise provided in subsection 3, a school
district is required to provide an employee organization with the
information about a school district employee pursuant to
subsection 1 regardless of whether the employee has joined the
employee organization.
3. If a school district employee notifies the school district in
writing that he or she does not want the school district to provide
any of his or her information to the employee organization
recognized by the school district, the school district:
(a) Must not provide the information set forth in subsection 1
to the employee organization; and
(b) Must still provide the information set forth in subsection 1
to the Government Employee-Management Relations Board when
requested by the order of the Board.
4. Information about any school district employee that is
provided pursuant to this section to an employee organization or
the Government Employee-Management Relations Board is
confidential and is not a public record.
Sec. 2. NRS 288.131 is hereby amended to read as follows:
288.131 As used in NRS 288.131 to 288.280, inclusive, and
section 1 of this act, unless the context otherwise requires, the
words and terms defined in NRS 288.132 to 288.138, inclusive,
have the meanings ascribed to them in those sections.
– 3 –
- 82nd Session (2023)
Sec. 2.5. NRS 288.500 is hereby amended to read as follows:
288.500 1. For the purposes of collective bargaining,
supplemental bargaining and other mutual aid or protection,
employees have the right to:
(a) Organize, form, join and assist labor organizations, engage in
collective bargaining and supplemental bargaining through
exclusive representatives and engage in other concerted activities;
and
(b) Refrain from engaging in such activity.
2. Collective bargaining and supplemental bargaining entail a
mutual obligation of the Executive Department and an exclusive
representative to meet at reasonable times and to bargain in good
faith with respect to:
(a) The subjects of mandatory bargaining set forth in subsection
2 of NRS 288.150, except paragraph (f) of that subsection;
(b) Matters relating to parking and transportation;
(c) The negotiation of an agreement;
[(c)] (d) The resolution of any question arising under an
agreement; and
[(d)] (e) The execution of a written contract incorporating the
provisions of an agreement, if requested by either party.
3. The subject matters set forth in subsection 3 of NRS 288.150
are not within the scope of mandatory bargaining and are reserved to
the Executive Department without negotiation.
4. Notwithstanding the provisions of any collective bargaining
agreement negotiated pursuant to the provisions of NRS 288.400 to
288.630, inclusive, the Executive Department is entitled to take the
actions set forth in paragraph (b) of subsection 6 of NRS 288.150.
Any action taken under the provisions of this subsection must not be
construed as a failure to negotiate in good faith.
5. This section does not preclude, but the provisions of NRS
288.400 to 288.630, inclusive, do not require, the Executive
Department to negotiate subject matters set forth in subsection 3
which are outside the scope of mandatory bargaining. The Executive
Department shall discuss subject matters outside the scope of
mandatory bargaining but it is not required to negotiate those
matters.
6. The Executive Department shall furnish to an exclusive
representative data that is maintained in the ordinary course of
business and which is relevant and necessary to the discussion of the
subjects of mandatory bargaining described in subsection 2. This
subsection shall not be construed to require the Executive
Department to furnish to the exclusive representative any advice or
– 4 –
- 82nd Session (2023)
training received by representatives of the Executive Department
concerning collective bargaining.
7. To the greatest extent practicable, any decision issued by the
Board before October 1, 2019, relating to the interpretation of, or
the performance under, the provisions of NRS 288.150 shall be
deemed to apply to any complaint arising out of the interpretation
of, or performance under, the provisions of this section.
Sec. 3. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015,
176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715,
178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771,
200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392,
209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140,
213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464,
217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240,
218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570,
231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105,
239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050,
239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420,
240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335,
247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150,
268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195,
281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755,
281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438,
289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503,
293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910,
293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335,
338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420,
349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100,
353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242,
361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080,
378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830,
– 5 –
- 82nd Session (2023)
385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503,
388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035,
391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271,
392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045,
394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465,
396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525,
396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888,
408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305,
422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028,
432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407,
432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534,
433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209,
449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805,
453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555,
459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403,
463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940,
481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340,
483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830,
484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040,
534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098,
598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303,
604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350,
618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110,
624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672,
630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332,
631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283,
633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055,
634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158,
636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087,
638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185,
640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620,
640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340,
641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217,
641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760,
641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180,
645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220,
645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330,
647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126,
652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130,
– 6 –
- 82nd Session (2023)
665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, section 1 of this act, sections 35, 38 and 41 of chapter 478,
Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of
Nevada 2013 and unless otherwise declared by law to be
confidential, all public books and public records of a governmental
entity must be open at all times during office hours to inspection by
any person, and may be fully copied or an abstract or memorandum
may be prepared from those public books and public records. Any
such copies, abstracts or memoranda may be used to supply the
general public with copies, abstracts or memoranda of the records or
may be used in any other way to the advantage of the governmental
entity or of the general public. This section does not supersede or in
any manner affect the federal laws governing copyrights or enlarge,
diminish or affect in any other manner the rights of a person in any
written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the information
included in the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
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- 82nd Session (2023)
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not require
the person who has requested the copy to prepare the copy himself
or herself.
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