Nevada 2023 Regular Session

Nevada Senate Bill SB166 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 166–Senators Pazina; Daly,
5	5	Dondero Loop and Nguyen
6	6
7	7	Joint Sponsors: Assemblymen Hibbetts and Yurek
8	8
9	9	CHAPTER..........
10	10
11	11	AN ACT relating to collective bargaining; revising the definition of
12	12	“supervisory employee” for the purposes of collective
13	13	bargaining for local government and state employees;
14	14	revising the provisions relating to bargaining units of state
15	15	employees who are peace officers or supervisory employees;
16	16	and providing other matters properly relating thereto.
17	17	Legislative Counsel’s Digest:
18	18	Existing law prohibits employees who exercise certain duties under a
19	19	paramilitary command structure from being deemed supervisory employees solely
20	20	due to the exercise of such duties. (NRS 288.138) Section 1 of this bill also
21	21	excludes from being deemed supervisory employees solely due to the exercise of
22	22	certain duties under a paramilitary command structure certain employees who
23	23	provide civilian support services to a law enforcement agency.
24	24	Existing law requires the Government Employee-Management Relations Board
25	25	to establish one bargaining unit per group for certain occupational groups of
26	26	employees of the Executive Department, including category I, category II and
27	27	category III peace officers and supervisory employees from all occupational
28	28	groups. (NRS 288.515) Section 2 of this bill requires the Board to establish a
29	29	separate bargaining unit for supervisory employees who are: (1) category I peace
30	30	officers; (2) category II peace officers; (3) category III peace officers; and (4)
31	31	firefighters. Section 2 also provides that a bargaining unit for peace officers must
32	32	be composed exclusively of peace officers.
33	33	Section 3 of this bill provides that the amendatory provisions of this bill do not
34	34	apply during the current term of any collective bargaining agreement entered into
35	35	before July 1, 2023.
36	36
37	37	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
38	38
39	39
40	40	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
41	41	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
42	42
43	43	Section 1. NRS 288.138 is hereby amended to read as follows:
44	44	288.138 1. “Supervisory employee” includes:
45	45	(a) Any individual having authority in the interest of the
46	46	employer to hire, transfer, suspend, lay off, recall, promote,
47	47	discharge, assign, reward or discipline other employees or
48	48	responsibility to direct them, to adjust their grievances or effectively
49	49	to recommend such action, if in connection with the foregoing, the
50	50	exercise of such authority is not of a merely routine or clerical
51	51	nature, but requires the use of independent judgment. The exercise
52	52	– 2 –
53	53
54	54
55	55	- 82nd Session (2023)
56	56	of such authority shall not be deemed to place the employee in
57	57	supervisory employee status unless the exercise of such authority
58	58	occupies a significant portion of the employee’s workday. If any of
59	59	the following persons perform some, but not all, of the foregoing
60	60	duties under a paramilitary command structure, such a person shall
61	61	not be deemed a supervisory employee solely because of such
62	62	duties:
63	63	(1) A police officer, as defined in NRS 288.215;
64	64	(2) A firefighter, as defined in NRS 288.215; [or]
65	65	(3) A person who:
66	66	(I) Has the powers of a peace officer pursuant to NRS
67	67	289.150, 289.170, 289.180 or 289.190; and
68	68	(II) Is a local government employee who is authorized to
69	69	be in a bargaining unit pursuant to the provisions of this chapter [.] ;
70	70	or
71	71	(4) A person who:
72	72	(I) Provides civilian support services to a law
73	73	enforcement agency; and
74	74	(II) Is an employee who is authorized to be in a
75	75	bargaining unit pursuant to the provisions of this chapter.
76	76	(b) Any individual or class of individuals appointed by the
77	77	employer and having authority on behalf of the employer to:
78	78	(1) Hire, transfer, suspend, lay off, recall, terminate,
79	79	promote, discharge, assign, reward or discipline other employees or
80	80	responsibility to direct them, to adjust their grievances or to
81	81	effectively recommend such action;
82	82	(2) Make budgetary decisions; and
83	83	(3) Be consulted on decisions relating to collective
84	84	bargaining,
85	85	 if, in connection with the foregoing, the exercise of such
86	86	authority is not of a merely routine or clerical nature, but requires
87	87	the use of independent judgment. The exercise of such authority
88	88	shall not be deemed to place the employee in supervisory employee
89	89	status unless the exercise of such authority occupies a significant
90	90	portion of the employee’s workday.
91	91	2. Nothing in this section shall be construed to mean that an
92	92	employee who has been given incidental administrative duties shall
93	93	be classified as a supervisory employee.
94	94	Sec. 2. NRS 288.515 is hereby amended to read as follows:
95	95	288.515 1. [The] Except as otherwise provided in subsection
96	96	2, the Board shall establish one bargaining unit for each of the
97	97	following occupational groups of employees of the Executive
98	98	Department:
99	99	– 3 –
100	100
101	101
102	102	- 82nd Session (2023)
103	103	(a) Labor, maintenance, custodial and institutional employees,
104	104	including, without limitation, employees of penal and correctional
105	105	institutions who are not responsible for security at those institutions.
106	106	(b) Administrative and clerical employees, including, without
107	107	limitation, legal support staff and employees whose work involves
108	108	general office work, or keeping or examining records and accounts.
109	109	(c) Technical aides to professional employees, including,
110	110	without limitation, computer programmers, tax examiners,
111	111	conservation employees and regulatory inspectors.
112	112	(d) Professional employees who do not provide health care,
113	113	including, without limitation, engineers, scientists and accountants.
114	114	(e) Professional employees who provide health care, including,
115	115	without limitation, physical therapists and other employees in
116	116	medical and other professions related to health.
117	117	(f) Employees, other than professional employees, who provide
118	118	health care and personal care, including, without limitation,
119	119	employees who provide care for children.
120	120	(g) Category I peace officers.
121	121	(h) Category II peace officers.
122	122	(i) Category III peace officers.
123	123	(j) Supervisory employees from all occupational groups [.] other
124	124	than firefighters and category I, category II or category III peace
125	125	officers.
126	126	(k) Firefighters.
127	127	(l) Supervisory employees who are category I peace officers.
128	128	(m) Supervisory employees who are category II peace officers.
129	129	(n) Supervisory employees who are category III peace officers.
130	130	(o) Supervisory employees who are firefighters.
131	131	2. Any bargaining unit established for peace officers
132	132	pursuant to subsection 1 must be composed exclusively of peace
133	133	officers.
134	134	3. The Board shall determine the classifications of employees
135	135	within each bargaining unit. The parties to a collective bargaining
136	136	agreement may assign a new classification to a bargaining unit
137	137	based upon the similarity of the new classification to other
138	138	classifications within the bargaining unit. If the parties to a
139	139	collective bargaining agreement do not agree to the assignment of a
140	140	new classification to a bargaining unit, the Board must assign a new
141	141	classification to a bargaining unit based upon the similarity of the
142	142	new classification to other classifications within the bargaining unit.
143	143	[3.] 4. As used in this section:
144	144	(a) “Category I peace officer” has the meaning ascribed to it in
145	145	NRS 289.460.
146	146	– 4 –
147	147
148	148
149	149	- 82nd Session (2023)
150	150	(b) “Category II peace officer” has the meaning ascribed to it in
151	151	NRS 289.470.
152	152	(c) “Category III peace officer” has the meaning ascribed to it in
153	153	NRS 289.480.
154	154	(d) “Professional employee” means an employee engaged in
155	155	work that:
156	156	(1) Is predominately intellectual and varied in character as
157	157	opposed to routine mental, manual, mechanical or physical work;
158	158	(2) Involves the consistent exercise of discretion and
159	159	judgment in its performance;
160	160	(3) Is of such a character that the result accomplished or
161	161	produced cannot be standardized in relation to a given period; and
162	162	(4) Requires advanced knowledge in a field of science or
163	163	learning customarily acquired through a prolonged course of
164	164	specialized intellectual instruction and study in an institution of
165	165	higher learning, as distinguished from general academic education,
166	166	an apprenticeship or training in the performance of routine mental or
167	167	physical processes.
168	168	(e) “Supervisory employee” has the meaning ascribed to it in
169	169	paragraph (a) of subsection 1 of NRS 288.138.
170	170	Sec. 3. Insofar as they conflict with the provisions of such an
171	171	agreement, the amendatory provisions of this act do not apply
172	172	during the current term of any collective bargaining agreement
173	173	entered into before July 1, 2023, but do apply to any extension or
174	174	renewal of such an agreement and to any collective bargaining
175	175	agreement entered into on or after July 1, 2023. For the purposes of
176	176	this section, the term of a collective bargaining agreement ends on
177	177	the date provided in the agreement, notwithstanding the provisions
178	178	of NRS 288.550 or any provision of the agreement that it remains in
179	179	effect, in whole or in part, after that date until a successor agreement
180	180	becomes effective.
181	181	Sec. 4. This act becomes effective on July 1, 2023.
182	182
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