EXEMPT
(Reprinted with amendments adopted on April 17, 2023)
FIRST REPRINT S.B. 166
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SENATE BILL NO. 166–SENATORS PAZINA; DALY,
DONDERO LOOP AND NGUYEN
FEBRUARY 16, 2023
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JOINT SPONSORS: ASSEMBLYMEN HIBBETTS AND YUREK
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to collective bargaining
by public employees. (BDR 23-556)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to collective bargaining; revising the definition of
“supervisory employee” for the purposes of collective
bargaining for local government and state employees;
revising the provisions relating to bargaining units of state
employees who are peace officers or supervisory
employees; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law prohibits employees who exercise certain duties under a 1
paramilitary command structure from being deemed supervisory employees solely 2
due to the exercise of such duties. (NRS 288.138) Section 1 of this bill also 3
excludes from being deemed supervisory employees solely due to the exercise of 4
certain duties under a paramilitary command structure certain employees who 5
provide civilian support services to a law enforcement agency. 6
Existing law requires the Government Employee-Management Relations Board 7
to establish one bargaining unit per group for certain occupational groups of 8
employees of the Executive Department, including category I, category II and 9
category III peace officers and supervisory employees from all occupational 10
groups. (NRS 288.515) Section 2 of this bill requires the Board to establish a 11
separate bargaining unit for supervisory employees who are: (1) category I peace 12
officers; (2) category II peace officers; (3) category III peace officers; and (4) 13
firefighters. Section 2 also provides that a bargaining unit for peace officers must 14
be composed exclusively of peace officers. 15
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Section 3 of this bill provides that the amendatory provisions of this bill do not 16
apply during the current term of any collective bargaining agreement entered into 17
before July 1, 2023. 18
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.138 is hereby amended to read as follows: 1
288.138 1. “Supervisory employee” includes: 2
(a) Any individual having authority in the interest of the 3
employer to hire, transfer, suspend, lay off, recall, promote, 4
discharge, assign, reward or discipline other employees or 5
responsibility to direct them, to adjust their grievances or effectively 6
to recommend such action, if in connection with the foregoing, the 7
exercise of such authority is not of a merely routine or clerical 8
nature, but requires the use of independent judgment. The exercise 9
of such authority shall not be deemed to place the employee in 10
supervisory employee status unless the exercise of such authority 11
occupies a significant portion of the employee’s workday. If any of 12
the following persons perform some, but not all, of the foregoing 13
duties under a paramilitary command structure, such a person shall 14
not be deemed a supervisory employee solely because of such 15
duties: 16
(1) A police officer, as defined in NRS 288.215; 17
(2) A firefighter, as defined in NRS 288.215; [or] 18
(3) A person who: 19
(I) Has the powers of a peace officer pursuant to NRS 20
289.150, 289.170, 289.180 or 289.190; and 21
(II) Is a local government employee who is authorized to 22
be in a bargaining unit pursuant to the provisions of this chapter [.] ; 23
or 24
(4) A person who: 25
(I) Provides civilian support services to a law 26
enforcement agency; and 27
(II) Is an employee who is authorized to be in a 28
bargaining unit pursuant to the provisions of this chapter. 29
(b) Any individual or class of individuals appointed by the 30
employer and having authority on behalf of the employer to: 31
(1) Hire, transfer, suspend, lay off, recall, terminate, 32
promote, discharge, assign, reward or discipline other employees or 33
responsibility to direct them, to adjust their grievances or to 34
effectively recommend such action; 35
(2) Make budgetary decisions; and 36
(3) Be consulted on decisions relating to collective 37
bargaining, 38
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if, in connection with the foregoing, the exercise of such 1
authority is not of a merely routine or clerical nature, but requires 2
the use of independent judgment. The exercise of such authority 3
shall not be deemed to place the employee in supervisory employee 4
status unless the exercise of such authority occupies a significant 5
portion of the employee’s workday. 6
2. Nothing in this section shall be construed to mean that an 7
employee who has been given incidental administrative duties shall 8
be classified as a supervisory employee. 9
Sec. 2. NRS 288.515 is hereby amended to read as follows: 10
288.515 1. [The] Except as otherwise provided in subsection 11
2, the Board shall establish one bargaining unit for each of the 12
following occupational groups of employees of the Executive 13
Department: 14
(a) Labor, maintenance, custodial and institutional employees, 15
including, without limitation, employees of penal and correctional 16
institutions who are not responsible for security at those institutions. 17
(b) Administrative and clerical employees, including, without 18
limitation, legal support staff and employees whose work involves 19
general office work, or keeping or examining records and accounts. 20
(c) Technical aides to professional employees, including, 21
without limitation, computer programmers, tax examiners, 22
conservation employees and regulatory inspectors. 23
(d) Professional employees who do not provide health care, 24
including, without limitation, engineers, scientists and accountants. 25
(e) Professional employees who provide health care, including, 26
without limitation, physical therapists and other employees in 27
medical and other professions related to health. 28
(f) Employees, other than professional employees, who provide 29
health care and personal care, including, without limitation, 30
employees who provide care for children. 31
(g) Category I peace officers. 32
(h) Category II peace officers. 33
(i) Category III peace officers. 34
(j) Supervisory employees from all occupational groups [.] other 35
than firefighters and category I, category II or category III peace 36
officers. 37
(k) Firefighters. 38
(l) Supervisory employees who are category I peace officers. 39
(m) Supervisory employees who are category II peace officers. 40
(n) Supervisory employees who are category III peace officers. 41
(o) Supervisory employees who are firefighters. 42
2. Any bargaining unit established for peace officers 43
pursuant to subsection 1 must be composed exclusively of peace 44
officers. 45
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3. The Board shall determine the classifications of employees 1
within each bargaining unit. The parties to a collective bargaining 2
agreement may assign a new classification to a bargaining unit 3
based upon the similarity of the new classification to other 4
classifications within the bargaining unit. If the parties to a 5
collective bargaining agreement do not agree to the assignment of a 6
new classification to a bargaining unit, the Board must assign a new 7
classification to a bargaining unit based upon the similarity of the 8
new classification to other classifications within the bargaining unit. 9
[3.] 4. As used in this section: 10
(a) “Category I peace officer” has the meaning ascribed to it in 11
NRS 289.460. 12
(b) “Category II peace officer” has the meaning ascribed to it in 13
NRS 289.470. 14
(c) “Category III peace officer” has the meaning ascribed to it in 15
NRS 289.480. 16
(d) “Professional employee” means an employee engaged in 17
work that: 18
(1) Is predominately intellectual and varied in character as 19
opposed to routine mental, manual, mechanical or physical work; 20
(2) Involves the consistent exercise of discretion and 21
judgment in its performance; 22
(3) Is of such a character that the result accomplished or 23
produced cannot be standardized in relation to a given period; and 24
(4) Requires advanced knowledge in a field of science or 25
learning customarily acquired through a prolonged course of 26
specialized intellectual instruction and study in an institution of 27
higher learning, as distinguished from general academic education, 28
an apprenticeship or training in the performance of routine mental or 29
physical processes. 30
(e) “Supervisory employee” has the meaning ascribed to it in 31
paragraph (a) of subsection 1 of NRS 288.138. 32
Sec. 3. Insofar as they conflict with the provisions of such an 33
agreement, the amendatory provisions of this act do not apply 34
during the current term of any collective bargaining agreement 35
entered into before July 1, 2023, but do apply to any extension or 36
renewal of such an agreement and to any collective bargaining 37
agreement entered into on or after July 1, 2023. For the purposes of 38
this section, the term of a collective bargaining agreement ends on 39
the date provided in the agreement, notwithstanding the provisions 40
of NRS 288.550 or any provision of the agreement that it remains in 41
effect, in whole or in part, after that date until a successor agreement 42
becomes effective. 43
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Sec. 4. This act becomes effective on July 1, 2023. 1
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