(Reprinted with amendments adopted on May 23, 2023)
SECOND REPRINT A.B. 172
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ASSEMBLY BILL NO. 172–ASSEMBLYMEN ANDERSON,
DURAN, CARTER; CONSIDINE AND THOMAS
FEBRUARY 15, 2023
____________
JOINT SPONSOR: SENATOR DALY
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing collective bargaining
for certain public employees. (BDR 23-700)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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 1
government employer, including, without limitation, a school district, in this State 2
to file a report with the Government Employee-Management Relations Board each 3
year containing certain information, including, without limitation, the total number 4
of persons in each bargaining unit represented by the employee organization. (NRS 5
288.165) Section 1 of this bill requires, with certain exception, that each school 6
district provide each employee organization recognized by the school district the 7
name, address, electronic mail address, telephone number, work contact 8
information and work location of each employee in the bargaining unit represented 9
by the employee organization at least on a semiannual basis, unless the school 10
district and an employee organization recognized by the school district agree 11
otherwise. Section 1 further provides that if a school district employee notifies his 12
or her employer in writing that he or she does not want the employer to provide his 13
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or her information to the employee organization, the school district must not 14
provide the information to the employee organization but must still provide the 15
information to the Government Employee-Management Relations Board when 16
requested by order of the Board. Section 1 also provides that information about any 17
school district employee provided to an employee organization or the Board is 18
confidential and is not a public record. Section 3 of this bill makes a conforming 19
change relating to making such information confidential and not a public record. 20
Existing law sets forth the requirements for collective bargaining between the 21
Executive Department of State Government and employee organizations that 22
represent classified employees, including the subjects of mandatory bargaining. 23
(NRS 288.500) Section 2.5 of this bill additionally requires such collective 24
bargaining to include matters relating to parking and transportation. 25
Section 2 of this bill makes a conforming change to indicate the proper 26
placement of section 1 in the Nevada Revised Statutes. 27
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 1
thereto a new section to read as follows: 2
1. Except as otherwise provided in this subsection and 3
subsection 3, at least twice each year, on or before January 1 and 4
July 1, each school district shall provide each employee 5
organization recognized by the school district the name, address, 6
electronic mail address, telephone number, work contact 7
information and work location of each school district employee of 8
the bargaining unit represented by the employee organization. A 9
school district and an employee organization may agree to provide 10
such information about school district employees at other times 11
that are in addition to or in place of January 1 and July 1 of each 12
year. 13
2. Except as otherwise provided in subsection 3, a school 14
district is required to provide an employee organization with the 15
information about a school district employee pursuant to 16
subsection 1 regardless of whether the employee has joined the 17
employee organization. 18
3. If a school district employee notifies the school district in 19
writing that he or she does not want the school district to provide 20
any of his or her information to the employee organization 21
recognized by the school district, the school district: 22
(a) Must not provide the information set forth in subsection 1 23
to the employee organization; and 24
(b) Must still provide the information set forth in subsection 1 25
to the Government Employee-Management Relations Board when 26
requested by the order of the Board. 27
4. Information about any school district employee that is 28
provided pursuant to this section to an employee organization or 29
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the Government Employee-Management Relations Board is 1
confidential and is not a public record. 2
Sec. 2. NRS 288.131 is hereby amended to read as follows: 3
288.131 As used in NRS 288.131 to 288.280, inclusive, and 4
section 1 of this act, unless the context otherwise requires, the 5
words and terms defined in NRS 288.132 to 288.138, inclusive, 6
have the meanings ascribed to them in those sections. 7
Sec. 2.5. NRS 288.500 is hereby amended to read as follows: 8
288.500 1. For the purposes of collective bargaining, 9
supplemental bargaining and other mutual aid or protection, 10
employees have the right to: 11
(a) Organize, form, join and assist labor organizations, engage in 12
collective bargaining and supplemental bargaining through 13
exclusive representatives and engage in other concerted activities; 14
and 15
(b) Refrain from engaging in such activity. 16
2. Collective bargaining and supplemental bargaining entail a 17
mutual obligation of the Executive Department and an exclusive 18
representative to meet at reasonable times and to bargain in good 19
faith with respect to: 20
(a) The subjects of mandatory bargaining set forth in subsection 21
2 of NRS 288.150, except paragraph (f) of that subsection; 22
(b) Matters relating to parking and transportation; 23
(c) The negotiation of an agreement; 24
[(c)] (d) The resolution of any question arising under an 25
agreement; and 26
[(d)] (e) The execution of a written contract incorporating the 27
provisions of an agreement, if requested by either party. 28
3. The subject matters set forth in subsection 3 of NRS 288.150 29
are not within the scope of mandatory bargaining and are reserved to 30
the Executive Department without negotiation. 31
4. Notwithstanding the provisions of any collective bargaining 32
agreement negotiated pursuant to the provisions of NRS 288.400 to 33
288.630, inclusive, the Executive Department is entitled to take the 34
actions set forth in paragraph (b) of subsection 6 of NRS 288.150. 35
Any action taken under the provisions of this subsection must not be 36
construed as a failure to negotiate in good faith. 37
5. This section does not preclude, but the provisions of NRS 38
288.400 to 288.630, inclusive, do not require, the Executive 39
Department to negotiate subject matters set forth in subsection 3 40
which are outside the scope of mandatory bargaining. The Executive 41
Department shall discuss subject matters outside the scope of 42
mandatory bargaining but it is not required to negotiate those 43
matters. 44
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6. The Executive Department shall furnish to an exclusive 1
representative data that is maintained in the ordinary course of 2
business and which is relevant and necessary to the discussion of the 3
subjects of mandatory bargaining described in subsection 2. This 4
subsection shall not be construed to require the Executive 5
Department to furnish to the exclusive representative any advice or 6
training received by representatives of the Executive Department 7
concerning collective bargaining. 8
7. To the greatest extent practicable, any decision issued by the 9
Board before October 1, 2019, relating to the interpretation of, or 10
the performance under, the provisions of NRS 288.150 shall be 11
deemed to apply to any complaint arising out of the interpretation 12
of, or performance under, the provisions of this section. 13
Sec. 3. NRS 239.010 is hereby amended to read as follows: 14
239.010 1. Except as otherwise provided in this section and 15
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 16
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 17
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 18
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 19
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 20
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 21
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 22
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 23
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 24
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 25
130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 26
176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 27
178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 28
200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 29
209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 30
213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 31
217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 32
218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 33
231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 34
239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 35
239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 36
240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 37
247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 38
268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 39
281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 40
281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 41
289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 42
293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 43
293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 44
338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 45
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349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 1
353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 2
361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 3
378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 4
385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 5
388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 6
391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 7
392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 8
394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 9
396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 10
396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 11
408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 12
422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 13
432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 14
432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 15
433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 16
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 17
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 18
442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 19
449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 20
453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 21
459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 22
463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 23
481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 24
483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 25
484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 26
534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 27
598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 28
604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 29
618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 30
624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 31
628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 32
630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 33
631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 34
633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 35
634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 36
636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 37
638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 38
640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 39
640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 40
641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 41
641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 42
641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 43
645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 44
645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 45
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647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 1
652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 2
665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 3
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 4
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 5
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 6
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 7
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 8
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 9
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 10
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 11
711.600, section 1 of this act, sections 35, 38 and 41 of chapter 478, 12
Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of 13
Nevada 2013 and unless otherwise declared by law to be 14
confidential, all public books and public records of a governmental 15
entity must be open at all times during office hours to inspection by 16
any person, and may be fully copied or an abstract or memorandum 17
may be prepared from those public books and public records. Any 18
such copies, abstracts or memoranda may be used to supply the 19
general public with copies, abstracts or memoranda of the records or 20
may be used in any other way to the advantage of the governmental 21
entity or of the general public. This section does not supersede or in 22
any manner affect the federal laws governing copyrights or enlarge, 23
diminish or affect in any other manner the rights of a person in any 24
written book or record which is copyrighted pursuant to federal law. 25
2. A governmental entity may not reject a book or record 26
which is copyrighted solely because it is copyrighted. 27
3. A governmental entity that has legal custody or control of a 28
public book or record shall not deny a request made pursuant to 29
subsection 1 to inspect or copy or receive a copy of a public book or 30
record on the basis that the requested public book or record contains 31
information that is confidential if the governmental entity can 32
redact, delete, conceal or separate, including, without limitation, 33
electronically, the confidential information from the information 34
included in the public book or record that is not otherwise 35
confidential. 36
4. If requested, a governmental entity shall provide a copy of a 37
public record in an electronic format by means of an electronic 38
medium. Nothing in this subsection requires a governmental entity 39
to provide a copy of a public record in an electronic format or by 40
means of an electronic medium if: 41
(a) The public record: 42
(1) Was not created or prepared in an electronic format; and 43
(2) Is not available in an electronic format; or 44
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(b) Providing the public record in an electronic format or by 1
means of an electronic medium would: 2
(1) Give access to proprietary software; or 3
(2) Require the production of information that is confidential 4
and that cannot be redacted, deleted, concealed or separated from 5
information that is not otherwise confidential. 6
5. An officer, employee or agent of a governmental entity who 7
has legal custody or control of a public record: 8
(a) Shall not refuse to provide a copy of that public record in the 9
medium that is requested because the officer, employee or agent has 10
already prepared or would prefer to provide the copy in a different 11
medium. 12
(b) Except as otherwise provided in NRS 239.030, shall, upon 13
request, prepare the copy of the public record and shall not require 14
the person who has requested the copy to prepare the copy himself 15
or herself. 16
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