EXEMPT
(Reprinted with amendments adopted on June 2, 2023)
SECOND REPRINT A.B. 224
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ASSEMBLY BILL NO. 224–ASSEMBLYMEN PETERS, WATTS,
BILBRAY-AXELROD, ANDERSON, LA RUE HATCH; BROWN-
MAY, CARTER, COHEN, CONSIDINE, D’SILVA, DURAN,
GONZÁLEZ, GORELOW, HIBBETTS, JAUREGUI, KOENIG,
MARZOLA, BRITTNEY MILLER, C.H. MILLER, MONROE-
MORENO, NGUYEN, ORENTLICHER, SUMMERS-
ARMSTRONG, TAYLOR, THOMAS, TORRES AND YEAGER
FEBRUARY 23, 2023
____________
JOINT SPONSORS: SENATORS NGUYEN; DONATE AND PAZINA
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing collective bargaining.
(BDR 23-155)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to collective bargaining; authorizing collective
bargaining for certain state employees; providing for the
recognition of professional organizations; providing for the
establishment of bargaining units and the designation of
exclusive representatives; establishing certain rights for
professional organizations and professional employees;
establishing procedures for collective bargaining and for making
collective bargaining agreements; authorizing the Government
Employee-Management Relations Board to collect certain fees;
prohibiting certain practices relating to collective bargaining;
authorizing a state professional employer to use the services of
the Division of Human Resource Management of the Department
of Administration and the Attorney General for certain purposes;
authorizing the Board of Regents of the University of Nevada to
conduct collective bargaining negotiations and enter into
collective bargaining agreements with certain employees;
providing a civil penalty; making appropriations; and providing
other matters properly relating thereto.
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Legislative Counsel’s Digest:
Existing law authorizes collective bargaining between: (1) local government 1
employers and local government employees; and (2) the State and certain state 2
employees. (Chapter 288 of NRS) This bill authorizes collective bargaining 3
between state professional employers and professional employees. Section 5 of this 4
bill defines “state professional employer” to mean a board, commission or similar 5
body within the Executive Department of the State Government, including, without 6
limitation, the Board of Regents of the University of Nevada, that employs 400 or 7
more professional employees. Section 13 of this bill defines “professional 8
employee” to mean a person who, with various exceptions, is employed by a state 9
professional employer and who is: (1) in the unclassified service of the State; or (2) 10
paid in accordance with any arrangement other than the pay plan for the classified 11
service of the State. 12
Sections 2, 57 and 59 of this bill expand the powers and duties of the 13
Government Employee-Management Relations Board to include hearing and 14
deciding disputes between state professional employers and professional 15
employees. 16
Section 17 of this bill sets forth certain legislative findings and declarations. 17
Section 18 of this bill authorizes professional employees to organize, form, join 18
and assist professional organizations and engage in collective bargaining activity or 19
refrain from engaging in such activity. Sections 1 and 22 of this bill authorize an 20
officer of a state professional employer to, upon written authorization by a 21
professional employee, withhold money from the salary or wages of the employee 22
to pay dues or fees to a professional organization. 23
Section 19 of this bill provides for the recognition of a professional 24
organization by a state professional employer. Sections 19 and 58 of this bill set 25
forth the conditions under which a state professional employer is authorized to 26
withdraw such recognition. Section 23 of this bill: (1) authorizes a recognized 27
professional organization to, with certain limitations, represent a professional 28
employee with respect to any condition of the employment of the employee; and (2) 29
provides that only an exclusive representative may engage in collective bargaining 30
on behalf of the professional employees of the applicable bargaining unit. 31
Section 24 of this bill authorizes, with certain conditions, a professional 32
employee to act for himself or herself with respect to conditions of his or her 33
employment. Section 20 of this bill establishes certain rights of professional 34
organizations. Section 25 of this bill requires a professional employee who could 35
be subject to certain adverse employment actions to be afforded the right to be 36
represented unless the professional employee waives, in writing, that right. 37
Section 26 of this bill provides for the creation and organization of bargaining 38
units. Sections 27-31 of this bill set forth procedures for a professional organization 39
to be designated by the Board, either with or without an election, as an exclusive 40
representative of a bargaining unit. Sections 29 and 62 of this bill: (1) require the 41
Board to verify each showing of interest filed by a professional organization against 42
the employment records of the state professional employer; and (2) provide that a 43
showing of interest by a professional employee or a petition requesting an election 44
relating to exclusive representation submitted to the Board is confidential and not a 45
public record. 46
Section 32 of this bill requires each state professional employer that has 47
recognized one or more professional organizations and each professional 48
organization to file certain reports with the Board annually. 49
Section 33 of this bill sets forth certain subjects that constitute the scope of 50
mandatory bargaining. Section 34 of this bill requires negotiations between an 51
exclusive representative and a state professional employer to commence not later 52
than 60 calendar days after one party gives notice to the other party. Section 35 of 53
this bill sets forth certain duties of an exclusive representative. Section 36 of this 54
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bill requires a state professional employer to designate a representative to engage in 55
collective bargaining with an exclusive representative. Section 36 further requires a 56
state professional employer to comply with reasonable requests to furnish certain 57
data to the exclusive representative. Section 39 of this bill authorizes a professional 58
organization to be represented by a licensed attorney in negotiations with a state 59
professional employer. 60
Sections 37, 38, 41 and 42 of this bill set forth various requirements and 61
limitations relating to the provisions of a collective bargaining agreement. Section 62
64 of this bill provides that in the event of a conflict between certain policies and 63
procedures for personnel adopted by the Board of Regents of the University of 64
Nevada and the provisions of a collective bargaining agreement, the provisions of 65
the collective bargaining agreement prevail. 66
Section 40 of this bill requires any new or modified collective bargaining 67
agreement between a state professional employer and an exclusive representative to 68
be: (1) submitted to the members of the professional organization for a ratification 69
vote; and (2) approved at a public hearing by, depending on the state professional 70
employer, either the State Board of Examiners or the Board of Regents. Sections 46 71
and 63 of this bill provide that certain meetings convened for the purpose of 72
collective bargaining and resolving disputes relating to collective bargaining are 73
exempt from the provisions of existing law requiring open and public meetings of 74
public bodies. 75
Sections 43-45 of this bill provide for the mediation and arbitration of disputes 76
between state professional employers and exclusive representatives. 77
Section 47 of this bill prohibits certain practices in the context of collective 78
bargaining. Section 48 of this bill sets forth procedures to establish that a party has 79
committed such a prohibited practice. 80
Section 49 of this bill establishes certain provisions relating to actions brought 81
by or against state professional employers or professional organizations. 82
Existing law requires the Government Employee-Management Relations Board 83
to annually assess a fee on local government employers and the Executive 84
Department for the support of the Board based on the number of employees 85
employed by the local government employer or the Executive Department in the 86
first pay period of the immediately preceding year. (NRS 288.139, 288.475) 87
Section 50 of this bill requires the Board to assess a similar fee on each state 88
professional employer based on the number of professional employees in a 89
bargaining unit that had an exclusive representative in the first pay period of the 90
immediately preceding year. 91
Sections 51 and 52 of this bill authorize: (1) a state professional employer to 92
use the services of the Division of Human Resource Management of the 93
Department of Administration and the Attorney General to provide support to the 94
state professional employer to carry out the provisions of sections 6-52 of this bill; 95
and (2) the Division of Human Resource Management and the Attorney General to 96
charge the state professional employer for any such services provided. 97
Section 61 of this bill authorizes the Governor to request the drafting of as 98
many legislative measures as are necessary to carry out the provisions of sections 99
6-52. Sections 56 and 60 of this bill revise provisions of existing law prohibiting 100
strikes against the State or a local government employer by an employee 101
organization or labor organization for the purpose of also prohibiting strikes by a 102
professional organization. 103
Sections 4, 5 and 7-16 of this bill define certain words and terms applicable to 104
the provisions of this bill. Sections 54 and 55 of this bill revise certain definitions 105
relating to collective bargaining that are applicable to employee organizations and 106
labor organizations to also include professional organizations. Section 53 of this 107
bill makes a conforming change to indicate the proper placement of sections 4 and 108
5 in the Nevada Revised Statutes. 109
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Section 65 of this bill grants the Board of Regents the authority to conduct 110
collective bargaining negotiations and to enter into collective bargaining 111
agreements with the professional employees of the Nevada System of Higher 112
Education. 113
Sections 65.3 and 65.5 of this bill make appropriations to the Interim Finance 114
Committee for allocation to the Nevada System of Higher Education and to the 115
Office of the Attorney General for personnel and certain other expenses associated 116
with the changes relating to collective bargaining in this bill. 117
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.129 is hereby amended to read as follows: 1
281.129 1. Any officer of the State, except the Legislative 2
Fiscal Officer, who disburses money in payment of salaries and 3
wages of officers and employees of the State: 4
(a) May, upon written requests of the officer or employee 5
specifying amounts, withhold those amounts and pay them to: 6
(1) Charitable organizations; 7
(2) Employee credit unions; 8
(3) Except as otherwise provided in paragraph (c), insurers; 9
(4) The United States for the purchase of savings bonds and 10
similar obligations of the United States; and 11
(5) Except as otherwise provided in NRS 288.545 [,] and 12
section 22 of this act, employee organizations , [and] labor 13
organizations [.] and professional organizations. 14
(b) May, in accordance with an agreement entered into pursuant 15
to NRS 701A.450 between the Director of the Office of Energy and 16
the officer or employee specifying amounts, withhold those amounts 17
and pay them to the Director of the Office of Energy for credit to the 18
Renewable Energy Account created by NRS 701A.450. 19
(c) Shall, upon receipt of information from the Public 20
Employees’ Benefits Program specifying amounts of premiums or 21
contributions for coverage by the Program, withhold those amounts 22
from the salaries or wages of officers and employees who 23
participate in the Program and pay those amounts to the Program. 24
2. The State Controller may adopt regulations necessary to 25
withhold money from the salaries or wages of officers and 26
employees of the Executive Department. 27
Sec. 2. NRS 281.755 is hereby amended to read as follows: 28
281.755 1. Except as otherwise provided in subsections 2 and 29
5, a public body shall provide an employee who is the mother of a 30
child under 1 year of age with: 31
(a) Reasonable break time, with or without compensation, for 32
the employee to express breast milk as needed; and 33
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(b) A place, other than a bathroom, that is reasonably free from 1
dirt or pollution, protected from the view of others and free from 2
intrusion by others where the employee may express breast milk. 3
2. If the public body determines that complying with the 4
provisions of subsection 1 will cause an undue hardship considering 5
the size, financial resources, nature and structure of the public body, 6
the public body may meet with the employee to agree upon a 7
reasonable alternative. If the parties are not able to reach an 8
agreement, the public body may require the employee to accept a 9
reasonable alternative selected by the public body and the employee 10
may appeal the decision by filing a complaint in the manner set 11
forth in subsection 4. 12
3. An officer or agent of a public body shall not retaliate, or 13
direct or encourage another person to retaliate, against an employee 14
of the public body because the employee has: 15
(a) Taken break time or used the space provided pursuant to 16
subsection 1 or 2 to express breast milk; or 17
(b) Taken any action to require the public body to comply with 18
the requirements of this section, including, without limitation, filing 19
a complaint, testifying, assisting or participating in any manner in an 20
investigation, proceeding or hearing to enforce the provisions of this 21
section. 22
4. An employee who is aggrieved by the failure of a public 23
body to comply with the provisions of this section may: 24
(a) If the employee is employed by the Executive Department of 25
State Government, is not an employee of an entity described in NRS 26
284.013 and is not an employee in a bargaining unit pursuant to 27
NRS 288.400 to 288.630, inclusive, or sections 6 to 52, inclusive, 28
of this act, file a complaint with the Employee-Management 29
Committee in accordance with the procedures provided pursuant to 30
NRS 284.384; 31
(b) If the employee is employed by the Legislative Department 32
of State Government, file a complaint with the Director of the 33
Legislative Counsel Bureau; 34
(c) If the employee is employed by the Judicial Department of 35
State Government, file a complaint with the Court Administrator; 36
and 37
(d) If the employee is employed by a political subdivision of this 38
State or any public or quasi-public corporation organized under the 39
laws of this State or if the employee is employed by the Executive 40
Department of State Government and is an employee in a bargaining 41
unit pursuant to NRS 288.400 to 288.630, inclusive, or sections 6 to 42
52, inclusive, of this act, file a complaint with the Government 43
Employee-Management Relations Board in the manner set forth in 44
NRS 288.115. 45
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5. The requirements of this section do not apply to the 1
Department of Corrections. The Department is encouraged to 2
comply with the provisions of this section to the extent practicable. 3
6. As used in this section, “public body” means: 4
(a) The State of Nevada, or any agency, instrumentality or 5
corporation thereof; 6
(b) The Nevada System of Higher Education; or 7
(c) Any political subdivision of this State or any public or quasi-8
public corporation organized under the laws of this State, including, 9
without limitation, counties, cities, unincorporated towns, school 10
districts, charter schools, hospital districts, irrigation districts and 11
other special districts. 12
Sec. 3. Chapter 288 of NRS is hereby amended by adding 13
thereto the provisions set forth as sections 4 to 52, inclusive, of this 14
act. 15
Sec. 4. “Professional organization” means an organization 16
of any kind that: 17
1. Has, as one of its purposes, the improvement of the terms 18
and conditions of employment of professional employees, as 19
defined in section 13 of this act; and 20
2. Provides the service of representation to professional 21
employees, including, without limitation, in collective bargaining 22
with state professional employers. 23
Sec. 5. “State professional employer” means a board, 24
commission or similar body within the Executive Department, 25
including, without limitation, the Board of Regents of the 26
University of Nevada on behalf of the Nevada System of Higher 27
Education, that employs 400 or more professional employees as 28
defined in section 13 of this act. 29
Sec. 6. As used in sections 6 to 52, inclusive, of this act, 30
unless the context otherwise requires, the words and terms defined 31
in sections 7 to 16, inclusive, of this act have the meanings 32
ascribed to them in those sections. 33
Sec. 7. “Arbitration” means a process of dispute resolution 34
in which the parties involved in an impasse or grievance submit 35
their dispute to a third party for a final and binding decision. 36
Sec. 8. “Bargaining unit” means a group of professional 37
employees recognized by a state professional employer as having 38
sufficient community of interest for representation by a 39
professional organization for the purpose of collective bargaining. 40
Sec. 9. “Confidential employee” means an employee who 41
provides administrative support to an employee who assists in the 42
formulation, determination and effectuation of managerial 43
personnel policies concerning collective bargaining. 44
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Sec. 10. “Exclusive representative” means a professional 1
organization that, as a result of its designation as such by the 2
Board, has the exclusive right to: 3
1. Represent all the professional employees within a 4
bargaining unit; and 5
2. Engage in collective bargaining with a state professional 6
employer pursuant to sections 6 to 52, inclusive, of this act 7
concerning wages, hours and other terms and conditions of 8
employment for those professional employees. 9
Sec. 11. “Grievance” means an act, omission or occurrence 10
that a professional employee or an exclusive representative 11
believes to be an injustice relating to any condition arising out of 12
the relationship between a state professional employer and a 13
professional employee, including, without limitation, working 14
hours, working conditions, membership in a professional 15
organization or the interpretation of any law, regulation or 16
agreement. 17
Sec. 12. 1. “Managerial employee” means an employee 18
whose primary function is to administer and control the business 19
of any state professional employer and who is vested with 20
discretion and independent judgment with regard to the general 21
conduct and control of the state professional employer. 22
2. The term includes, without limitation: 23
(a) A chief administrative officer, the chief administrative 24
officer’s deputy and immediate assistants, department heads and 25
their deputies and immediate assistants, appointed officials and 26
others who are primarily responsible for formulating 27
and administering management policies and programs; 28
(b) Administrators of an academic institution, including, 29
without limitation: 30
(1) Chancellors, presidents, provosts and deans; 31
(2) Vice, associate and assistant chancellors, presidents, 32
provosts and deans; and 33
(3) Other employees who are primarily responsible for 34
formulating and administering management policies and 35
programs; and 36
(c) Attorneys who serve a state professional employer or advise 37
other managerial employees. 38
3. With respect to professional employees of an academic 39
institution: 40
(a) A professional employee shall not be deemed a managerial 41
employee solely because the professional employee participates in 42
decisions with respect to courses, curriculum, personnel or other 43
matters of educational policy through shared governance 44
mechanisms or peer review. 45
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(b) A chair or head of a department or similar academic unit 1
or program who performs the duties described in paragraph (a) 2
primarily on behalf of the members of the academic unit or 3
program shall not be deemed a managerial employee solely 4
because of those duties. 5
Sec. 13. 1. “Professional employee” means a person who is 6
employed by a state professional employer and: 7
(a) Is in the unclassified service of the State; or 8
(b) Is paid in accordance with any arrangement other than the 9
pay plan for the classified service of the State. 10
2. The term does not include: 11
(a) A local government employee; 12
(b) A person who is employed in the classified service of the 13
State pursuant to chapter 284 of NRS; 14
(c) A person who is employed by the Nevada System of Higher 15
Education: 16
(1) In the classified service of the State; or 17
(2) Who is required to be paid in accordance with the pay 18
plan for the classified service of the State; 19
(d) A person employed by the Public Employees’ Retirement 20
System who is required to be paid in accordance with the pay plan 21
for the classified service of the State; 22
(e) An elected official or any person appointed to fill a vacancy 23
in an elected office; 24
(f) A person who is employed in neither the classified nor the 25
unclassified service of the State pursuant to NRS 223.085; 26
(g) A person whose employment is the result of an 27
appointment by the Governor to a position which deems the person 28
to be a civil officer of the State pursuant to NRS 232A.030 or 29
616C.340; 30
(h) A managerial employee; 31
(i) A confidential employee; 32
(j) A temporary, intermittent or seasonal worker who is 33
employed for less than 90 calendar days in a period of 365 34
calendar days; 35
(k) A commissioned officer or an enlisted member of the 36
Nevada National Guard; or 37
(l) A person who is employed within the office of a statewide 38
elected constitutional officer. 39
Sec. 14. “Recognition” or “recognized” means the formal 40
acknowledgment by a state professional employer that a particular 41
professional organization has the right to represent professional 42
employees of the state professional employer. 43
Sec. 15. “Showing of interest” means written or electronic 44
documentation that provides evidence of the membership of a 45
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professional employee in or his or her support for a professional 1
organization for the purpose of exclusive representation. The term 2
includes any electronic signature pursuant to chapter 719 of NRS. 3
Sec. 16. 1. “Supervisory employee” means a person who 4
does not have the responsibility for the general conduct and 5
control of a state professional employer, but who: 6
(a) Performs management duties, including, without 7
limitation: 8
(1) Establishing performance standards for subordinate 9
employees; 10
(2) Scheduling, assigning, overseeing or reviewing the work 11
of subordinate employees under established performance 12
standards; or 13
(3) Effectively recommending the performance of the duties 14
described in subparagraphs (1) and (2) and the manner in which 15
such duties are performed; or 16
(b) Has the authority to adjust grievances, apply established 17
personnel policies and procedures, enforce the provisions of a 18
collective bargaining agreement or effectively recommend such 19
action, 20
if the exercise of the duties or authority described in paragraph 21
(a) or (b) is not of a merely routine or clerical nature but requires 22
the use of independent judgment and occupies a regular and 23
significant portion of the employee’s workday. 24
2. With respect to professional employees of an academic 25
institution: 26
(a) A professional employee shall not be deemed to be a 27
supervisory employee solely because the professional employee 28
participates in decisions with respect to courses, curriculum, 29
personnel or other matters of educational policy through shared 30
governance mechanisms or peer review. 31
(b) A chair or head of a department or similar academic unit 32
or program who performs the duties described in paragraph (a) 33
primarily on behalf of the members of the academic unit or 34
program shall not be deemed a supervisory employee solely 35
because of those duties. 36
Sec. 17. 1. The Legislature hereby finds and declares that 37
there is a great need to: 38
(a) Promote harmonious and constructive relations between 39
state professional employers and their professional employees; 40
and 41
(b) Increase the efficiency of state professional employers. 42
2. It is therefore in the public interest that the Legislature 43
enact provisions: 44
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(a) Granting certain professional employees the right to 1
associate with others in organizing and choosing exclusive 2
representatives for the purpose of engaging in collective 3
bargaining; 4
(b) Requiring state professional employers to recognize 5
professional organizations and to negotiate wages, hours and 6
other terms and conditions of employment with exclusive 7
representatives and to enter into written agreements evidencing 8
the result of collective bargaining; and 9
(c) Establishing standards and procedures that protect the 10
rights of professional employees, state professional employers and 11
the people of the State. 12
3. The Legislature further finds and declares that: 13
(a) Joint decision making and consultation between 14
administration and faculty or academic professional employees is 15
a long-accepted manner of shared governance in institutions of 16
higher education and is essential to the advancement of the 17
educational missions of those institutions; 18
(b) It is a purpose of sections 6 to 52, inclusive, of this act to 19
preserve and encourage the practice and mechanisms of shared 20
governance with respect to professional employees of public 21
institutions of higher education in this State; and 22
(c) The provisions of sections 6 to 52, inclusive, of this act are 23
not intended to restrict, limit or prohibit the full exercise of the 24
functions of faculty in any shared governance mechanism or 25
practice, including, without limitation, the establishment and 26
function of faculty senates and the principle of peer review in the 27
appointment, retention and tenure of faculty in an institution of 28
higher education. 29
Sec. 18. 1. For the purposes of collective bargaining and 30
other mutual aid or protection, every professional employee has 31
the right to: 32
(a) Organize, form, join and assist professional organizations, 33
engage in collective bargaining through exclusive representatives 34
and engage in other concerted activities; and 35
(b) Refrain from engaging in such an activity. 36
2. A state professional employer shall not discriminate in any 37
way among its professional employees on account of membership 38
or nonmembership in a professional organization. 39
3. Professional employees have the right to communicate 40
with one another and with representatives of professional 41
organizations concerning organization, representation, issues in 42
the workplace, collective bargaining and the business and 43
programs of a professional organization, including, without 44
limitation, communicating by means of electronic mail, text 45
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messages and other electronic communications, telephone, paper 1
documents and other means of communications of the workplace 2
subject to the reasonable regulations of a state professional 3
employer or such limitations as may be set forth in a collective 4
bargaining agreement. 5
Sec. 19. 1. A state professional employer shall recognize a 6
professional organization that presents to the state professional 7
employer: 8
(a) A copy of the bylaws, charter or constitution of the 9
professional organization, which demonstrates that the 10
organization has as one of its purposes the improvement of 11
the terms and conditions of employment of professional 12
employees; 13
(b) A roster of its officers, if any, and representatives; and 14
(c) An identification of the professional employees that the 15
professional organization seeks to represent. 16
2. If a state professional employer first receives the written 17
permission of the Board, the state professional employer may 18
withdraw recognition from a professional organization that fails 19
to: 20
(a) Present a copy of each change in its bylaws, charter or 21
constitution, if any; or 22
(b) Give notice of any change in the roster of its officers and 23
representatives, if any. 24
Sec. 20. 1. Except as otherwise provided in subsection 2 25
and subject to such reasonable regulations as a state professional 26
employer may prescribe or such conditions and limitations as may 27
be set forth in a collective bargaining agreement, a professional 28
organization that has been recognized shall have the right to: 29
(a) At reasonable times, access areas in which professional 30
employees work; 31
(b) Use bulletin boards, mailboxes, electronic mail and other 32
means of communication to communicate with professional 33
employees at their workplace; 34
(c) At reasonable times, use the facilities of a workplace for the 35
purpose of meetings concerned with the exercise of any rights 36
guaranteed under the provisions of sections 6 to 52, inclusive, of 37
this act; and 38
(d) Provide information to professional employees during the 39
orientation or on-boarding of new employees. 40
2. If a professional organization has been designated as the 41
exclusive representative of a bargaining unit, no professional 42
organization other than the professional organization designated 43
as the exclusive representative may exercise the rights set forth in 44
subsection 1 with respect to professional employees in the 45
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bargaining unit except to the extent that such access is otherwise 1
provided to the general public. 2
Sec. 21. (Deleted by amendment.) 3
Sec. 22. 1. Except as otherwise provided in subsection 4, an 4
officer of a state professional employer shall, upon written 5
authorization by a professional employee, withhold a sufficient 6
amount of money from the salary or wages of the employee 7
pursuant to NRS 281.129 to pay dues or similar fees to a 8
recognized professional organization. 9
2. If applicable, a written authorization provided pursuant to 10
subsection 1 must comply with the provisions of chapter 719 of 11
NRS. 12
3. Except as otherwise provided in this subsection, a written 13
authorization provided pursuant to subsection 1 is binding for the 14
period specified in the authorization. An authorization may be 15
revoked by the professional employee by notifying the professional 16
organization in accordance with the terms of the authorization. 17
The professional organization shall process a revocation of an 18
authorization in a timely manner. 19
4. If the Board designates a professional organization as the 20
exclusive representative of a bargaining unit pursuant to sections 21
6 to 52, inclusive, of this act, an officer of a state professional 22
employer shall not, pursuant to NRS 281.129, withhold any 23
amount of money from the salary or wages of a professional 24
employee within the bargaining unit to pay dues or similar fees to 25
a professional organization other than the professional 26
organization that is the exclusive representative of the bargaining 27
unit. 28
Sec. 23. 1. Except as otherwise provided in this section, a 29
recognized professional organization may represent a professional 30
employee of a state professional employer that has recognized the 31
professional organization with respect to any condition of the 32
employment of the professional employee, including, without 33
limitation, representation in disciplinary proceedings and 34
investigations and proceedings for the adjustment of grievances, 35
regardless of whether the professional employee is a member of 36
the professional organization. 37
2. If a professional employee is in a bargaining unit that has 38
an exclusive representative, no professional organization other 39
than the professional organization designated as the exclusive 40
representative for the bargaining unit may represent the 41
professional employee. 42
3. Only the professional organization which has been 43
designated by the Board as the exclusive representative of a 44
bargaining unit pursuant to sections 6 to 52, inclusive, of this act 45
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may engage in collective bargaining on behalf of the professional 1
employees of that bargaining unit. 2
Sec. 24. 1. Except as otherwise provided in this section, the 3
recognition of a professional organization or the designation of a 4
professional organization as an exclusive representative does not 5
preclude a professional employee from acting for himself or 6
herself with respect to any condition of his or her employment. 7
Such a professional employee has the right to present grievances 8
to a state professional employer at any time and to have those 9
grievances adjusted. 10
2. If a professional employee, acting for himself or herself, 11
presents a grievance to a state professional employer pursuant to 12
subsection 1: 13
(a) Any action taken in the adjustment of a grievance must be 14
consistent with the terms of an applicable collective bargaining 15
agreement in effect, if any; and 16
(b) If the professional employee is in a bargaining unit that 17
has an exclusive representative, the exclusive representative must 18
be given an opportunity to be present at any meetings or hearings 19
related to the adjustment of the grievance and be provided a copy 20
of the adjustment of the grievance. 21
Sec. 25. 1. Subject to the conditions imposed by section 23 22
of this act and any other conditions and limitations as may be set 23
forth in a collective bargaining agreement, a professional 24
employee who: 25
(a) Is the subject of an internal administrative investigation 26
that could lead to dismissal, involuntary demotion, suspension, 27
reduction of pay, payment of restitution or other similar adverse 28
employment action against the professional employee; or 29
(b) During any questioning by a state professional employer, 30
reasonably believes that the questioning could lead to the 31
consequences set forth in paragraph (a), 32
must be afforded the right to have a lawyer or other 33
representative of the professional employee’s choosing present 34
with the professional employee unless the professional employee 35
waives, in writing, his or her right to be represented. 36
2. A state professional employer must not retaliate in any way 37
against a professional employee for asserting his or her rights 38
under subsection 1. 39
Sec. 26. 1. Each state professional employer which has 40
recognized a professional organization shall determine, in 41
consultation with the recognized organization, which group or 42
groups of its professional employees constitute an appropriate 43
bargaining unit or bargaining units. The primary criterion for that 44
determination must be the community of interest among the 45
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employees concerned. Without restricting the rights of the parties 1
to make their determination pursuant to this subsection, for the 2
Nevada System of Higher Education, there is a presumption that 3
the contact, interests and working conditions of employees within 4
a branch university, college or other branch create a sufficient 5
community of interest. 6
2. Managerial employees must be excluded from any 7
bargaining unit. 8
3. Confidential employees must be excluded from any 9
bargaining unit but are entitled to participate in any plan to 10
provide benefits for a group that is administered by the bargaining 11
unit of which they would otherwise be a member. 12
4. A supervisory employee must not be a member of the same 13
bargaining unit as the professional employees under the 14
supervision of the supervisory employee. Any dispute between the 15
parties as to whether a professional employee is a supervisor must 16
be submitted to the Board. A professional organization which is 17
negotiating on behalf of two or more bargaining units may select 18
members of each unit to negotiate jointly on behalf of each other, 19
even if one of the units consists of supervisory employees and the 20
other unit does not. 21
5. If any professional organization is aggrieved by the 22
determination of a bargaining unit, it may appeal to the Board. 23
Subject to judicial review, the decision of the Board is binding 24
upon the state professional employer and any professional 25
organization involved. The Board shall apply the same criterion as 26
specified in subsection 1. 27
Sec. 27. If no professional organization is designated as the 28
exclusive representative of a bargaining unit and a recognized 29
professional organization files with the Board a showing of 30
interest for the professional organization by more than 50 percent 31
of the professional employees in a bargaining unit which is 32
verified by the Board pursuant to section 29 of this act, the Board 33
shall designate the professional organization as the exclusive 34
representative of the bargaining unit without ordering an election. 35
Sec. 28. 1. If no professional organization is designated as 36
the exclusive representative of a bargaining unit, the Board shall 37
order an election to be conducted within the bargaining unit if: 38
(a) A recognized professional organization files with the Board 39
a written request for an election which includes a showing of 40
interest for the professional organization by at least 30 percent but 41
not more than 50 percent of the professional employees within the 42
bargaining unit which is verified by the Board pursuant to section 43
29 of this act; and 44
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(b) No other election to choose, change or discontinue 1
exclusive representation has been conducted within the 2
bargaining unit during the immediately preceding 12 months. 3
2. If the Board has designated a professional organization as 4
the exclusive representative of a bargaining unit following an 5
election pursuant to subsection 1 or without an election pursuant 6
to section 27 of this act, the Board shall order an election: 7
(a) If: 8
(1) Another recognized professional organization files with 9
the Board a written request for an election which includes a 10
showing of interest for the professional organization by more than 11
50 percent of the professional employees within the bargaining 12
unit; or 13
(2) A group of professional employees within the 14
bargaining unit files with the Board a written request for an 15
election which includes a petition or other evidence showing that 16
more than 50 percent of the professional employees within the 17
bargaining unit have requested that an election be conducted to 18
change or discontinue exclusive representation; 19
(b) If applicable, the written request filed pursuant to 20
paragraph (a) is filed at least 225 calendar days but not more than 21
270 calendar days before the date on which the current collective 22
bargaining agreement in effect for the bargaining unit expires; 23
and 24
(c) If no other election to choose, change or discontinue 25
exclusive representation has been conducted within the 26
bargaining unit during the immediately preceding 12 months. 27
Sec. 29. 1. The Board shall verify each showing of interest 28
filed by a professional organization pursuant to section 27 or 28 of 29
this act and the identity of each professional employee identified in 30
a written request filed by a group of professional employees 31
pursuant to subparagraph (2) of paragraph (a) of subsection 2 of 32
section 28 of this act by comparing the name of a professional 33
employee included in the showing of interest or written request, as 34
applicable, with the employment records of the state professional 35
employer. 36
2. A showing of interest filed by a professional organization 37
pursuant to section 27 or 28 of this act or a written request filed by 38
a group of professional employees pursuant to subparagraph (2) 39
of paragraph (a) of subsection 2 of section 28 of this act is 40
confidential and is not a public record. 41
3. The Board shall not disclose to any person the identity of 42
any professional employee who has participated in a showing of 43
interest filed by a professional organization pursuant to section 27 44
or 28 of this act or a written request filed by a group of 45
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professional employees pursuant to subparagraph (2) of 1
paragraph (a) of subsection 2 of section 28 of this act. 2
Sec. 30. 1. If the Board orders an election within a 3
bargaining unit pursuant to section 28 or 31 of this act, the Board 4
shall order that each of the following be placed on the ballot for 5
the election: 6
(a) If applicable, a choice for the recognized professional 7
organization that requested the election pursuant to section 28 of 8
this act; 9
(b) If applicable, a choice for the recognized professional 10
organization that is currently designated as the exclusive 11
representative of the bargaining unit; 12
(c) A choice for any other recognized professional 13
organization that, on or before the date that is prescribed by the 14
rules adopted by the Board pursuant to NRS 288.110 and section 15
31 of this act, files with the Board a written request to be placed on 16
the ballot for the election and includes with the written request a 17
showing of interest for that other professional organization by at 18
least 30 percent of the professional employees within the 19
bargaining unit; and 20
(d) A choice for “no exclusive representation.” 21
2. If a ballot for an election contains more than two choices 22
and none of the choices on the ballot receives a majority of the 23
votes cast at the initial election, the Board shall order a runoff 24
election between the two choices on the ballot that received the 25
highest number of votes at the initial election. 26
3. If the choice for “no exclusive representation” receives a 27
majority of the votes cast at the initial election or at any runoff 28
election, the Board shall designate the bargaining unit as being 29
without an exclusive representative. 30
4. If a recognized professional organization receives a 31
majority of the votes cast at the initial election or at any runoff 32
election, the Board shall designate that professional organization 33
as the exclusive representative of the bargaining unit. 34
Sec. 31. 1. The Board shall preside over all elections that 35
are conducted pursuant to this section or section 28 or 30 of this 36
act and shall determine the eligibility requirements for 37
professional employees to vote in any such election. 38
2. An election conducted pursuant to this section or section 39
28 or 30 of this act must be conducted by secret ballot. The Board 40
may adopt rules prescribing the manner in which voting in such 41
an election may be conducted, which may include, without 42
limitation, voting in person, by mail or by secure electronic means. 43
3. A professional organization that is placed as a choice on 44
the ballot for an election or any professional employee who is 45
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eligible to vote at an election may file with the Board a written 1
objection to the results of the election. The objection must be filed 2
not later than 10 business days after the date on which the notice 3
of the results of the election is given by the Board. 4
4. In response to a written objection filed pursuant to 5
subsection 3 or upon its own motion, the Board may invalidate the 6
results of an election and order a new election if the Board finds 7
that any conduct or circumstances raise substantial doubt that the 8
results of the election are reliable. 9
Sec. 32. 1. Each state professional employer that has 10
recognized one or more professional organizations shall, on or 11
before November 30 of each year, file with the Board: 12
(a) A list of each professional organization recognized by the 13
state professional employer; 14
(b) A list of each professional organization designated as the 15
exclusive representative for a bargaining unit within the state 16
professional employer; and 17
(c) A description of each bargaining unit within the state 18
professional employer. 19
2. Each professional organization recognized by a state 20
professional employer shall file a report with the Board on or 21
before November 30 of each year. The report must include: 22
(a) The full name of the professional organization; 23
(b) The name of each state professional employer which has 24
recognized the professional organization; 25
(c) The names of the officers of the professional organization; 26
(d) If applicable, the total number of professional employees in 27
each bargaining unit for which the professional organization has 28
been designated as the exclusive representative; 29
(e) Copies of all changes to the bylaws, charter or constitution 30
of the professional organization that were adopted during the 31
preceding year; 32
(f) The name, address and telephone number of the person 33
designated by the professional organization to receive 34
communications from the Board on business relating to the 35
professional organization; and 36
(g) A copy of any collective bargaining agreement in effect 37
between the professional organization and a state professional 38
employer. 39
3. A professional organization which has not previously been 40
recognized by a state professional employer shall file the report 41
required by subsection 2 not later than 30 calendar days after 42
recognition. 43
Sec. 33. 1. Collective bargaining entails a mutual 44
obligation between a state professional employer and an exclusive 45
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representative to meet at reasonable times and to bargain in good 1
faith with respect to: 2
(a) The subjects of mandatory bargaining set forth in 3
subsection 2; 4
(b) The negotiation of an agreement; 5
(c) The resolution of any question arising under an 6
agreement; and 7
(d) The execution of a written contract incorporating the 8
provisions of an agreement. 9
2. The scope of mandatory bargaining is limited to: 10
(a) Salary or wage rates or other forms of direct monetary 11
compensation. 12
(b) Sick leave. 13
(c) Vacation leave. 14
(d) Holidays. 15
(e) Maternity or paternity leave and family medical leave. 16
(f) Other paid or nonpaid leaves of absence. 17
(g) Except as otherwise provided in subsection 3, insurance 18
and health care benefits provided by the state professional 19
employer. 20
(h) Total hours of work required of a professional employee on 21
each workday or workweek. 22
(i) Total number of days of work required of a professional 23
employee in a work year. 24
(j) Discharge and disciplinary procedures. 25
(k) Recognition clause. 26
(l) The method for determining the classification and titles of 27
professional employees in the bargaining unit. 28
(m) Deduction of dues for the recognized professional 29
organization. 30
(n) Protection of professional employees in the bargaining unit 31
from discrimination because of participation in recognized 32
professional organizations consistent with the provisions of 33
sections 6 to 52, inclusive, of this act. 34
(o) Grievance and arbitration procedures for resolution of 35
disputes relating to interpretation or application of collective 36
bargaining agreements. 37
(p) General savings clauses. 38
(q) Except as otherwise provided in section 38 of this act, the 39
duration of collective bargaining agreements. 40
(r) Safety of professional employees. 41
(s) Facilities for meeting with students for professional 42
employees who have teaching or advising responsibilities. 43
(t) Policies for the transfer and reassignment of professional 44
employees. 45
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(u) Procedures for reduction in or addition to the workforce 1
consistent with the provisions of sections 6 to 52, inclusive, of this 2
act. 3
3. The following are not subject to negotiation pursuant to 4
this section: 5
(a) Pension or retirement benefits provided by the Public 6
Employees’ Retirement System pursuant to chapter 286 of NRS to 7
persons employed by this State, state agencies, as described in 8
subsection 2 of NRS 286.070, and the Public Employees’ 9
Retirement System. 10
(b) Benefits provided by the Public Employees’ Benefits 11
Program pursuant to NRS 287.0402 to 287.049, inclusive, to 12
persons employed by a participating state agency as defined in 13
NRS 287.04054. 14
(c) Provisions governing participation in the Public 15
Employees’ Deferred Compensation Program pursuant to NRS 16
287.250 to 287.370, inclusive. 17
4. The following are not subjects within the scope of 18
mandatory bargaining and are reserved to the state professional 19
employer without negotiation: 20
(a) Except as otherwise provided in paragraph (t) of subsection 21
2, the right to hire, direct, assign or transfer an employee. This 22
right does not include the right to assign or transfer an employee 23
as a form of discipline. 24
(b) The right to determine the quality and quantity of services 25
to be offered to the public. 26
(c) Safety of the public. 27
5. Notwithstanding the provisions of any collective 28
bargaining agreement negotiated pursuant to the provisions of 29
sections 6 to 52, inclusive, of this act, a state professional employer 30
is entitled to take whatever actions may be necessary to carry out 31
its responsibilities during a state of emergency or declaration of 32
disaster proclaimed pursuant to NRS 414.070. Those actions may 33
include the suspension of any such collective bargaining 34
agreement or any portion thereof for the duration of the 35
emergency or disaster to the extent necessary to carry out the 36
responsibilities of the state professional employer. Any action 37
taken under the provisions of this subsection must not be 38
construed as a failure to negotiate in good faith. 39
6. This section does not preclude, but the provisions of 40
sections 6 to 52, inclusive, of this act, do not require, a state 41
professional employer to negotiate subject matters outside of the 42
scope of mandatory bargaining or consult with any professional 43
employee or professional organization on any such matter. A state 44
professional employer shall discuss subject matters outside the 45
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scope of mandatory bargaining but is not required to negotiate 1
those matters. 2
Sec. 34. 1. Whenever an exclusive representative or a state 3
professional employer desires to negotiate any matter which is 4
subject to negotiation pursuant to the provisions of sections 6 to 5
52, inclusive, of this act, it shall give written notice to the other 6
party. 7
2. The parties shall commence negotiations not later than 60 8
calendar days following the notification provided for in 9
subsection 1. 10
Sec. 35. 1. An exclusive representative shall: 11
(a) Act as the representative of all professional employees 12
within each bargaining unit that it represents; and 13
(b) In good faith and on behalf of each bargaining unit that it 14
represents, individually or collectively, bargain with a state 15
professional employer concerning the wages, hours and other 16
terms and conditions of employment for the professional 17
employees within each bargaining unit that it represents. 18
2. A professional organization may serve as an exclusive 19
representative for multiple bargaining units. 20
Sec. 36. 1. A state professional employer shall designate a 21
representative to conduct negotiations concerning collective 22
bargaining agreements on behalf of the state professional 23
employer. For the Nevada System of Higher Education, where a 24
bargaining unit has been determined pursuant to section 26 of this 25
act and that bargaining unit is unique to an institution within the 26
System, a representative of that institution may be, but is not 27
required to be, designated as the representative to conduct 28
negotiations concerning collective bargaining agreements on 29
behalf of the Nevada System of Higher Education for that 30
institution. 31
2. A representative designated pursuant to subsection 1 shall, 32
on behalf of the state professional employer, negotiate in good 33
faith with an exclusive representative concerning a collective 34
bargaining agreement, as required by section 33 of this act. 35
3. A state professional employer shall comply with reasonable 36
requests by an exclusive representative to furnish data that is 37
maintained in the ordinary course of business and which is 38
relevant and necessary to the discussion of the subjects of 39
mandatory bargaining described in section 33 of this act. This 40
subsection shall not be construed to require a state professional 41
employer to furnish to the exclusive representative any advice or 42
training received by representatives of the state professional 43
employer concerning collective bargaining. 44
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Sec. 37. 1. Each collective bargaining agreement 1
negotiated between a state professional employer and an exclusive 2
representative pursuant to sections 6 to 52, inclusive, of this act 3
must be in writing and must include, without limitation: 4
(a) A procedure to resolve grievances that applies to all 5
professional employees in the bargaining unit and culminates in 6
binding arbitration as the final stage of appeal by either party. 7
Such a procedure: 8
(1) Must be used to resolve all grievances relating to 9
employment, including, without limitation, the administration and 10
interpretation of the collective bargaining agreements, the 11
applicability of any law, rule or regulation relating to the 12
employment and appeal of discipline and other adverse personnel 13
actions; and 14
(2) May, for professional employees of academic 15
institutions, incorporate established shared governance 16
mechanisms, including, without limitation, oversight by a faculty 17
senate and peer review. 18
(b) A nonappropriation clause that provides that any provision 19
of the collective bargaining agreement which requires the 20
Legislature to appropriate money is effective only: 21
(1) To the extent of the legislative appropriation; and 22
(2) Until the collective bargaining agreement is reopened 23
and the provision is renegotiated. 24
2. A professional employee in a bargaining unit who is 25
aggrieved by the failure of the state professional employer or its 26
designated representative to comply with the requirements of NRS 27
281.755 may pursue a grievance related to that failure through: 28
(a) The procedure provided in the agreement pursuant to 29
paragraph (a) of subsection 1; or 30
(b) The procedure prescribed by NRS 288.115, 31
but once the professional employee has properly filed a 32
grievance in writing under the procedure described in paragraph 33
(a) or filed a complaint under the procedure described in 34
paragraph (b), the professional employee may not proceed in an 35
alternative manner. 36
3. If there is a conflict between any provision of a collective 37
bargaining agreement between a state professional employer and 38
an exclusive representative and: 39
(a) Any policy, procedure or regulation adopted by the state 40
professional employer, the provision of the agreement prevails 41
unless the provision of the agreement is outside the lawful scope 42
of collective bargaining. 43
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(b) An existing statute, the provision of the agreement may not 1
be given effect unless the Legislature amends the existing statute 2
in such a way as to eliminate the conflict. 3
Sec. 38. If the parties to collective bargaining cannot agree 4
to a new collective bargaining agreement before the end of the 5
term of a collective bargaining agreement, the terms of the 6
existing collective bargaining agreement remain in effect until a 7
new collective bargaining agreement takes effect. 8
Sec. 39. Whenever a professional organization enters into 9
negotiations with a state professional employer pursuant to 10
sections 6 to 52, inclusive, of this act, the professional 11
organization may, at the sole expense of the professional 12
organization, be represented by an attorney licensed to practice 13
law in this State. 14
Sec. 40. 1. The draft of any new collective bargaining 15
agreement or similar agreement or of any proposed modifications 16
to an existing collective bargaining agreement or similar 17
agreement between a state professional employer and an exclusive 18
representative must be submitted in writing by the professional 19
organization to the members of the organization within the 20
relevant bargaining unit before a vote on the ratification of the 21
agreement is taken. 22
2. A vote on the ratification of a collective bargaining 23
agreement must be conducted in accordance with the internal 24
rules and procedures of the professional organization. 25
3. Any new or modified collective bargaining agreement or 26
similar agreement between a state professional employer and an 27
exclusive representative must be approved, at a public hearing, by: 28
(a) If the agreement concerns professional employees of the 29
Nevada System of Higher Education, the Board of Regents of the 30
University of Nevada; or 31
(b) If the agreement does not concern professional employees 32
of the Nevada System of Higher Education, the State Board of 33
Examiners. 34
4. Not less than 3 business days before the date of the hearing 35
conducted pursuant to subsection 3, the Board of Regents of the 36
University of Nevada or the State Board of Examiners, as 37
applicable, shall cause the following documents to be posted and 38
made available on the Internet website used by the Board of 39
Regents or the State Board of Examiners, as applicable, to provide 40
public notice of meetings: 41
(a) The proposed collective bargaining agreement and any 42
exhibits or other attachments to the proposed agreement; 43
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(b) If the proposed collective bargaining agreement is a 1
modification of a previous agreement, a document showing any 2
language added to or deleted from the previous agreement; and 3
(c) Any supporting material prepared for the Board of Regents 4
or the State Board of Examiners, as applicable, relating to the 5
financial impact of the agreement. 6
Sec. 41. If a provision of a collective bargaining agreement: 7
1. Does not require an act of the Legislature to be given 8
effect, the provision becomes effective in accordance with the 9
terms of the agreement. 10
2. Requires an act of the Legislature to be given effect: 11
(a) The state professional employer shall request that the 12
Governor request the drafting of a legislative measure pursuant to 13
NRS 218D.175 to effectuate the provision; 14
(b) The Governor shall request the drafting of a legislative 15
measure pursuant to NRS 218D.175 to effectuate the provision; 16
and 17
(c) The provisions become effective, if at all, on the date on 18
which the act of the Legislature becomes effective. 19
Sec. 42. 1. If a provision of a collective bargaining 20
agreement requires the Legislature to appropriate money to 21
implement the provision: 22
(a) The state professional employer that is a party to the 23
agreement shall include the full amount necessary to fund the 24
provision in the proposed budget of the state professional 25
employer submitted to the Chief of the Budget Division of the 26
Office of Finance pursuant to NRS 353.210. 27
(b) The Governor may include in the biennial proposed 28
executive budget of the State any amount of money the Governor 29
deems appropriate for the state professional employer. If such 30
amount is not sufficient to fully fund the provision of the collective 31
bargaining agreement, the Governor shall submit to the 32
Legislature and the state professional employer a statement setting 33
forth the reasons for not including the amount necessary to fully 34
fund the provision. 35
2. If the Legislature does not appropriate the amount of 36
money that is necessary to implement fully a provision of a 37
collective bargaining agreement, any such agreement may be 38
opened by either party to that agreement solely for the purpose of 39
renegotiating the provision that was not fully funded by the 40
appropriation. All other terms and conditions of the collective 41
bargaining agreement remain in full force and effect. 42
Sec. 43. 1. Either party may request mediation through the 43
Federal Mediation and Conciliation Service if the parties do not 44
reach a collective bargaining agreement: 45
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(a) Not later than 120 calendar days after the date on which 1
the parties began negotiations; or 2
(b) On or before any later date set by the agreement of the 3
parties in writing. 4
2. The mediator shall bring the parties together as soon as 5
possible after his or her appointment and shall attempt to settle 6
each issue in dispute not later than 21 calendar days after his or 7
her appointment or any later date set by the agreement of the 8
parties. 9
Sec. 44. 1. If a mediator appointed pursuant to section 43 10
of this act determines that his or her services are no longer 11
helpful, or if the parties do not reach a collective bargaining 12
agreement through mediation within 21 calendar days after the 13
appointment of the mediator or on or before any later date set by 14
agreement of the parties, the mediator shall discontinue mediation 15
and the parties shall attempt to agree upon an impartial arbitrator. 16
2. If the parties do not agree upon an impartial arbitrator 17
within 5 business days after the date on which mediation is 18
discontinued pursuant to subsection 1 or on or before any later 19
date set by agreement of the parties, the parties shall request from 20
the Federal Mediation and Conciliation Service a list of seven 21
potential arbitrators. Not later than 5 business days after receipt of 22
the list of arbitrators, the parties shall select an arbitrator from the 23
list by alternately striking one name until the name of only one 24
arbitrator remains, and the parties must accept that arbitrator to 25
hear the dispute in question. The party who will strike the first 26
name must be determined by a coin toss. 27
3. The arbitrator shall begin arbitration proceedings not later 28
than 15 calendar days after the appointment or any later date set 29
by agreement of the parties. 30
4. The arbitrator and the parties shall apply and follow the 31
procedures for arbitration that are prescribed by any rules adopted 32
by the Board pursuant to NRS 288.110. During arbitration, the 33
parties retain their respective duties to negotiate in good faith. 34
5. The arbitrator may administer oaths or affirmations, take 35
testimony and issue and seek enforcement of a subpoena in the 36
same manner as the Board pursuant to NRS 288.120, and, except 37
as otherwise provided in subsection 7, the provisions of NRS 38
288.120 apply to any subpoena issued by the arbitrator. 39
6. The arbitrator shall render a decision not later than 15 40
calendar days after beginning arbitration proceedings or any later 41
date set by agreement of the parties. 42
7. The state professional employer and the exclusive 43
representative shall each pay one-half of the cost of arbitration. 44
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Sec. 45. 1. For issues in dispute after arbitration 1
proceedings are held pursuant to section 44 of this act, the 2
arbitrator shall incorporate either the final offer of the state 3
professional employer or the final offer of the exclusive 4
representative into his or her decision. The decision of the 5
arbitrator must be limited to a selection of one of the two final 6
offers of the parties. As incorporated in his or her decision, the 7
arbitrator shall not revise or amend the selected final offer of the 8
applicable party on any issue. 9
2. To determine which final offer to incorporate into his or 10
her decision, the arbitrator shall assess the reasonableness of: 11
(a) The position of each party as to each issue in dispute; and 12
(b) The proposed contractual terms and provisions contained 13
in each final offer. 14
3. In assessing reasonableness pursuant to subsection 2, the 15
arbitrator shall: 16
(a) Compare the salaries, wages, hours and other terms and 17
conditions of employment for the professional employees within 18
the bargaining unit with the salaries, wages, hours and other 19
terms and conditions of employment for other employees 20
performing similar services and for other employees generally: 21
(1) In public employment in comparable communities or 22
institutions; and 23
(2) In private employment in comparable communities or 24
institutions. 25
(b) Consider, without limitation: 26
(1) The financial ability of the state professional employer 27
to pay the costs associated with the proposed collective bargaining 28
agreement, with due regard for the primary obligation of the state 29
professional employer to safeguard the health, safety and welfare 30
of the people of this State and to fulfill the mission of the state 31
professional employer; 32
(2) Any legal or contractual restrictions on funds based on 33
the sources of those funds, including, without limitation, 34
legislative appropriations, fees, gifts and federal, state, local and 35
private grants and contracts; 36
(3) The average prices paid by consumers for goods, 37
services and housing in the geographic location where the 38
professional employees work; and 39
(4) Such other factors as are normally or traditionally used 40
as part of collective bargaining, mediation, arbitration or other 41
methods of dispute resolution to determine the wages, hours and 42
other terms and conditions of employment for professional 43
employees in public or private employment. 44
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4. The decision of the arbitrator is final and binding upon the 1
parties. 2
Sec. 46. The following proceedings, required by or conducted 3
pursuant to this chapter, are not subject to any provision of NRS 4
which requires a meeting to be open or public: 5
1. Any negotiation or informal discussion between a state 6
professional employer and a professional organization or 7
professional employees as individuals. 8
2. Any meeting of a mediator with either party or both parties 9
to a negotiation. 10
3. Any meeting or investigation conducted by a mediator or 11
arbitrator. 12
4. Any meeting of a state professional employer with its 13
management representative or representatives. 14
5. Deliberations of the Board toward a decision on a 15
complaint, appeal or petition for declaratory relief. 16
Sec. 47. 1. It is a prohibited practice for a state professional 17
employer or its designated representative to willfully: 18
(a) Interfere with, restrain or coerce any professional 19
employee in the exercise of any right guaranteed under the 20
provisions of sections 6 to 52, inclusive, of this act. 21
(b) Dominate, interfere or assist in the formation or 22
administration of any professional organization. 23
(c) Discriminate in regard to hiring, tenure or any term or 24
condition of employment to encourage or discourage membership 25
in any professional organization. 26
(d) Discharge or otherwise discriminate against any 27
professional employee because the professional employee has: 28
(1) Signed or filed an affidavit, petition or complaint or 29
given any information or testimony under this chapter; or 30
(2) Formed, joined or chosen to be represented by any 31
professional organization. 32
(e) Refuse to bargain collectively in good faith with an 33
exclusive representative as required by sections 33, 35 and 36 of 34
this act. 35
(f) Deny to any professional organization the rights 36
guaranteed to it under sections 6 to 52, inclusive, of this act. 37
(g) Discriminate because of race, color, religion, sex, sexual 38
orientation, gender identity or expression, age, disability, national 39
origin or because of political or personal reasons or affiliations. 40
(h) Fail to provide the data required by subsection 3 of section 41
36 of this act. 42
(i) Fail to comply with the requirements of NRS 281.755. 43
2. It is a prohibited practice for a professional organization 44
or its designated agent to willfully: 45
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(a) Interfere with, restrain or coerce any professional 1
employee in the exercise of any right guaranteed under the 2
provisions of sections 6 to 52, inclusive, of this act. 3
(b) If the professional organization is an exclusive 4
representative, refuse to bargain collectively in good faith with a 5
state professional employer, as required by sections 33, 35 and 36 6
of this act. 7
(c) Discriminate because of race, color, religion, sex, sexual 8
orientation, gender identity or expression, age, disability, national 9
origin or because of political or personal reasons or affiliations. 10
3. As used in this section: 11
(a) “Bargain collectively” includes the entire bargaining 12
process, including mediation and arbitration, as provided in 13
sections 6 to 52, inclusive, of this act. 14
(b) “Protective hairstyle” includes, without limitation, 15
hairstyles such as natural hairstyles, afros, bantu knots, curls, 16
braids, locks and twists. 17
(c) “Race” includes traits associated with race, including, 18
without limitation, hair texture and protective hairstyles. 19
Sec. 48. 1. To establish that a party committed a prohibited 20
practice in violation of section 47 of this act, the party aggrieved 21
by the practice must file a complaint with the Board in accordance 22
with procedures prescribed by the Board. 23
2. Except as otherwise provided in this section, the Board 24
shall hear a complaint filed pursuant to subsection 1 in 25
accordance with the provisions of NRS 288.110 and any rules 26
adopted by the Board pursuant to that section. 27
3. The Board shall conduct any hearing on the complaint in 28
accordance with: 29
(a) The provisions of chapter 233B of NRS that apply to a 30
contested case; and 31
(b) Any rules adopted by the board pursuant to NRS 288.110. 32
4. If the Board finds at the hearing that the party accused in 33
the complaint has committed a prohibited practice, the Board: 34
(a) Shall order the party to cease and desist from engaging in 35
the prohibited practice; and 36
(b) May order any other affirmative relief that is necessary to 37
remedy the prohibited practice. 38
5. The Board or any party aggrieved by the failure of any 39
person to obey an order of the Board issued pursuant to 40
subsection 4 may apply to a court of competent jurisdiction for a 41
prohibitory or mandatory injunction to enforce the order. 42
6. Any order or decision issued by the Board pursuant to this 43
section concerning the merits of a complaint is a final decision in 44
a contested case and may be appealed pursuant to the provisions 45
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of chapter 233B of NRS that apply to a contested case, except that 1
a party aggrieved by the order or decision of the Board must file a 2
petition for judicial review not later than 10 business days after 3
being served with the order or decision of the Board. 4
Sec. 49. 1. Except as otherwise provided by specific statute, 5
a professional organization and a state professional employer may 6
sue or be sued as an entity pursuant to sections 6 to 52, inclusive, 7
of this act. 8
2. If any action or proceeding is brought by or against a 9
professional organization pursuant to sections 6 to 52, inclusive, 10
of this act, the district court in and for the county in which the 11
professional organization maintains its principal office or the 12
county in which the claim arose has jurisdiction over the claim. 13
3. A natural person and his or her assets are not subject to 14
liability for any judgment awarded pursuant to sections 6 to 52, 15
inclusive, of this act, against a state professional employer or a 16
professional organization. 17
Sec. 50. 1. On or before July 1 of each year, the Board 18
shall charge and collect a fee from each state professional 19
employer that has recognized one or more professional 20
organizations in an amount not to exceed $10 for each 21
professional employee who was, in the first pay period of the 22
immediately preceding fiscal year: 23
(a) Employed by the state professional employer; and 24
(b) In a bargaining unit that had an exclusive representative. 25
2. A state professional employer shall pay the fee imposed 26
pursuant to subsection 1 on or before July 31 of each year. A state 27
professional employer shall not impose the fee against its 28
employees. 29
3. If a state professional employer fails to pay the fee assessed 30
pursuant to subsection 1 on or before July 1 of that year, the 31
Board shall impose a civil penalty not to exceed $10 for each 32
professional employee employed by the state professional employer 33
for whom the fee was not paid. 34
4. A state professional employer may not receive a reduction 35
in the amount of the fee imposed pursuant to subsection 1 or a 36
refund of that amount if a professional employee is not employed 37
for a full calendar year. The fee must be imposed whether or not 38
the professional employee is a member of a professional 39
organization. 40
5. To carry out the provisions of this section, the Board may, 41
by any reasonable means, verify the identities and number of 42
professional employees employed by a state professional employer 43
in bargaining units that have an exclusive representative. 44
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Sec. 51. 1. Except as otherwise provided in subsection 5, a 1
state professional employer may use the services of the Division of 2
Human Resource Management of the Department of 3
Administration to provide support to the state professional 4
employer to carry out the provisions of sections 6 to 52, inclusive, 5
of this act. 6
2. If a state professional employer uses the services of the 7
Division of Human Resource Management pursuant to subsection 8
1, the Division may charge an annual fee to the state professional 9
employer for each professional employee who is within a 10
bargaining unit with a designated exclusive representative. The 11
state professional employer shall pay the annual fee to the 12
Division on or before the date on which the payment is due, as 13
specified by the Division. The Division may specify a different due 14
date for the annual fee for each state professional employer. 15
3. Any money received from the fees collected pursuant to 16
subsection 2 must be accounted for separately for each state 17
professional employer and may only be used by the Division of 18
Human Resource Management to provide support to the state 19
professional employer to carry out the provisions of sections 6 to 20
52, inclusive, of this act, including, without limitation, the 21
personnel and operating costs of the Division in providing such 22
support. 23
4. To carry out the provisions of this section, the Division of 24
Human Resource Management may verify by any reasonable 25
means the number of professional employees of the state 26
professional employer within bargaining units that are 27
represented by a professional organization as the exclusive 28
representative. 29
5. As the entity with the authority to fix salaries and establish 30
policies and procedures of the unclassified personnel of the 31
Nevada System of Higher Education pursuant to chapter 396 of 32
NRS, the Board of Regents of the University of Nevada shall carry 33
out the provisions of sections 6 to 52, inclusive, of this act, 34
including, without limitation: 35
(a) Conducting its own negotiations; and 36
(b) Providing for its own representation in any disciplinary 37
matter, investigation or grievance process, 38
pursuant to the provisions of sections 6 to 52, inclusive, of this 39
act. 40
Sec. 52. 1. A state professional employer may use the 41
services of the Attorney General to provide support to the state 42
professional employer to carry out the provisions of sections 6 to 43
52, inclusive, of this act. 44
– 30 –
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2. If a state professional employer uses the services of the 1
Attorney General pursuant to subsection 1, the Attorney General 2
may charge the state professional employer for those services 3
pursuant to NRS 228.113. 4
Sec. 53. NRS 288.015 is hereby amended to read as follows: 5
288.015 As used in this chapter, unless the context otherwise 6
requires, the words and terms defined in NRS 288.029 to 288.074, 7
inclusive, and sections 4 and 5 of this act have the meanings 8
ascribed to them in those sections. 9
Sec. 54. NRS 288.032 is hereby amended to read as follows: 10
288.032 “Collective bargaining” means a method of 11
determining conditions of employment by negotiation between 12
representatives of the Executive Department , state professional 13
employer or local government employer and an employee 14
organization , professional organization or labor organization, 15
entailing a mutual obligation of the Executive Department , state 16
professional employer or local government employer, as applicable, 17
and the representative of the state or local government employees to 18
meet at reasonable times and bargain in good faith with respect to: 19
1. Wages, hours and other terms and conditions of 20
employment; 21
2. The negotiation of an agreement; 22
3. The resolution of any question arising under a negotiated 23
agreement; or 24
4. The execution of a written contract incorporating any 25
agreement reached if requested by either party, 26
but this obligation does not compel either party to agree to a 27
proposal or require the making of a concession. 28
Sec. 55. NRS 288.065 is hereby amended to read as follows: 29
288.065 “Mediation” means assistance by an impartial third 30
party to reconcile differences between the Executive Department , a 31
state professional employer or a local government employer and an 32
exclusive representative through interpretation, suggestion and 33
advice. 34
Sec. 56. NRS 288.074 is hereby amended to read as follows: 35
288.074 “Strike” means any concerted: 36
1. Stoppage of work, slowdown or interruption of operations 37
by employees of the State of Nevada or local government 38
employees; 39
2. Absence from work by employees of the State of Nevada or 40
local government employees upon any pretext or excuse, such as 41
illness, which is not founded in fact; or 42
3. Interruption of the operations of the State of Nevada or any 43
local government employer by any employee organization , 44
professional organization or labor organization. 45
– 31 –
- *AB224 _R2 *
Sec. 57. NRS 288.080 is hereby amended to read as follows: 1
288.080 1. The Government Employee -Management 2
Relations Board is hereby created, consisting of five members, 3
broadly representative of the public and not closely allied with any 4
employee organization, any professional organization, any labor 5
organization, the Executive Department , any state professional 6
employer or any local government employer. 7
2. Not more than three of the members of the Board may be 8
members of the same political party, and at least three of the 9
members must reside in southern Nevada. The term of office of each 10
member is 4 years. 11
3. The Governor shall appoint the members of the Board. 12
Sec. 58. NRS 288.090 is hereby amended to read as follows: 13
288.090 1. The members of the Board shall annually elect 14
one of their number as Chair and one as Vice Chair. Except as 15
otherwise provided in this section, any three members of the Board 16
constitute a quorum, and a majority of a quorum present at any 17
meeting may exercise all the power and authority conferred on the 18
Board. 19
2. Except by a majority vote of the entire membership of the 20
Board, the Board may not: 21
(a) Elect a Chair or Vice Chair; 22
(b) Appoint the Commissioner or Secretary of the Board, or 23
terminate the employment of the Commissioner or Secretary; 24
(c) Adjust the fee charged to local government employers 25
pursuant to NRS 288.139 or impose a civil penalty for failure to pay 26
the fee; 27
(d) Make or adopt any rule or regulation; [or] 28
(e) Grant permission to a state professional employer to 29
withdraw recognition from a professional organization pursuant 30
to section 19 of this act; or 31
(f) Grant permission to a local government employer to 32
withdraw recognition from an employee organization or order an 33
election pursuant to NRS 288.160. 34
3. Whenever less than five members of the Board are present at 35
any meeting, not more than two of the members present may be 36
members of the same political party. 37
4. The Board may, within the limits of legislative 38
appropriations and any other available money: 39
(a) Appoint a Commissioner and a Secretary, who are in the 40
unclassified service of the State; and 41
(b) Employ such additional clerical personnel as may be 42
necessary, who are in the classified service of the State. 43
Sec. 59. NRS 288.110 is hereby amended to read as follows: 44
288.110 1. The Board may make rules governing: 45
– 32 –
- *AB224 _R2 *
(a) Proceedings before it; 1
(b) Procedures for fact-finding [;] , mediation and arbitration; 2
(c) The recognition, as defined in section 14 of this act, of 3
professional organizations; 4
(d) The recognition, as defined in NRS 288.136, of employee 5
organizations; 6
[(d)] (e) The designation of the exclusive representative, as 7
defined in section 10 of this act, of a bargaining unit of 8
professional employees in accordance with sections 27 to 31, 9
inclusive, of this act; 10
(f) The designation of the exclusive representative , as defined 11
in NRS 288.430, of a bargaining unit in accordance with the 12
provisions of NRS 288.520, 288.525 and 288.530; and 13
[(e)] (g) The determination of bargaining units. 14
2. The Board may hear and determine any complaint arising 15
out of the interpretation of, or performance under, the provisions of 16
this chapter by the Executive Department, any state professional 17
employer, any local government employer, any employee, as 18
defined in NRS 288.425, any professional employee, as defined in 19
section 13 of this act, any local government employee, any 20
employee organization , any professional organization or any labor 21
organization. Except as otherwise provided in this subsection and 22
NRS 288.115, 288.280 and 288.625 [,] and section 48 of this act, 23
the Board shall conduct a hearing within 180 days after it decides to 24
hear a complaint. If a complaint alleges a violation of paragraph (a) 25
of subsection 1 of NRS 288.620 , [or] paragraph (b) of subsection 2 26
of NRS 288.620, subsection 1 of section 47 of this act or 27
paragraph (b) of subsection 2 of section 47 of this act, the Board 28
shall conduct a hearing not later than 45 days after it decides to hear 29
the complaint, unless the parties agree to waive this requirement. 30
The Board, after a hearing, if it finds that the complaint is well 31
taken, may order any person or entity to refrain from the action 32
complained of or to restore to the party aggrieved any benefit of 33
which the party has been deprived by that action. Except when an 34
expedited hearing is conducted pursuant to NRS 288.115, the Board 35
shall issue its decision within 120 days after the hearing on the 36
complaint is completed. 37
3. Any party aggrieved by the failure of any person to obey an 38
order of the Board issued pursuant to subsection 2, or the Board at 39
the request of such a party, may apply to a court of competent 40
jurisdiction for a prohibitory or mandatory injunction to enforce the 41
order. 42
4. The Board may not consider any complaint or appeal filed 43
more than 6 months after the occurrence which is the subject of the 44
complaint or appeal. 45
– 33 –
- *AB224 _R2 *
5. The Board may decide without a hearing a contested matter: 1
(a) In which all of the legal issues have been previously decided 2
by the Board, if it adopts its previous decision or decisions as 3
precedent; or 4
(b) Upon agreement of all the parties. 5
6. The Board may award reasonable costs, which may include 6
attorneys’ fees, to the prevailing party. 7
7. As used in this section [, “bargaining unit”] : 8
(a) “Arbitration” has the meaning ascribed to it in NRS 9
288.410 or section 7 of this act, as applicable. 10
(b) “Bargaining unit” has the meaning ascribed to it in NRS 11
288.134 or 288.415 [.] or section 8 of this act, as applicable. 12
Sec. 60. NRS 288.710 is hereby amended to read as follows: 13
288.710 1. If a strike is commenced or continued in violation 14
of an order issued pursuant to NRS 288.705, the court may: 15
(a) Punish each employee organization , professional 16
organization or labor organization guilty of such violation by a fine 17
of not more than $50,000 against each employee organization , 18
professional organization or labor organization for each day of 19
continued violation. 20
(b) Punish any officer of an employee organization , 21
professional organization or labor organization who is wholly or 22
partly responsible for such violation by a fine of not more than 23
$1,000 for each day of continued violation, or by imprisonment as 24
provided in NRS 22.110. 25
(c) Punish any employee of the State or of a local government 26
employer who participates in such strike by ordering the dismissal 27
or suspension of such employee. 28
2. Any of the penalties enumerated in subsection 1 may be 29
applied alternatively or cumulatively, in the discretion of the court. 30
Sec. 61. NRS 218D.175 is hereby amended to read as follows: 31
218D.175 1. Except as otherwise provided in subsection 2, 32
for a regular session, the Governor or the Governor’s designated 33
representative may request the drafting of not more than 110 34
legislative measures which have been approved by the Governor or 35
the Governor’s designated representative on behalf of the officers, 36
agencies, boards, commissions, departments and other units of the 37
Executive Department. The requests must be submitted to the 38
Legislative Counsel on or before August 1 preceding the regular 39
session. 40
2. The Governor or the Governor’s designated representative 41
may request at any time before or during a regular session, without 42
limitation, the drafting of as many legislative measures as are 43
necessary to carry out the provisions of NRS 288.400 to 288.630, 44
inclusive [.] , or sections 6 to 52, inclusive, of this act. 45
– 34 –
- *AB224 _R2 *
3. The Director of the Office of Finance may request on or 1
before the 19th day of a regular session, without limitation, the 2
drafting of as many legislative measures as are necessary to 3
implement the budget proposed by the Governor and to provide for 4
the fiscal management of the State. In addition to the requests 5
otherwise authorized pursuant to this section, the Governor may 6
request the drafting of not more than 5 legislative measures on or 7
before the 19th day of a regular session to propose the Governor’s 8
legislative agenda. 9
4. For a regular session, the following constitutional officers 10
may request, without the approval of the Governor or the 11
Governor’s designated representative, the drafting of not more than 12
the following numbers of legislative measures, which must be 13
submitted to the Legislative Counsel on or before September 1 14
preceding the regular session: 15
16
Lieutenant Governor ............................................................... 3 17
Secretary of State .................................................................... 6 18
State Treasurer ........................................................................ 5 19
State Controller ....................................................................... 5 20
Attorney General .................................................................. 20 21
22
5. In addition to the requests authorized by subsection 4, the 23
Secretary of State may request, without the approval of the 24
Governor or the Governor’s designated representative, the drafting 25
of not more than 2 legislative measures, which must be submitted to 26
the Legislative Counsel on or before December 31 preceding the 27
regular session. 28
6. Each request made pursuant to this section must be on a 29
form prescribed by the Legislative Counsel. The legislative 30
measures requested pursuant to subsections 1 and 4 must be prefiled 31
on or before the third Wednesday in November preceding the 32
regular session. A legislative measure that is not prefiled on or 33
before that day shall be deemed withdrawn. 34
Sec. 62. NRS 239.010 is hereby amended to read as follows: 35
239.010 1. Except as otherwise provided in this section and 36
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 37
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 38
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 39
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 40
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 41
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 42
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 43
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 44
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 45
– 35 –
- *AB224 _R2 *
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 1
130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 2
176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 3
178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 4
200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 5
209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 6
213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 7
217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 8
218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 9
231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 10
239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 11
239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 12
240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 13
247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 14
268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 15
281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 16
281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 17
289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 18
293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 19
293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 20
338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 21
349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 22
353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 23
361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 24
378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 25
385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 26
388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 27
391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 28
392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 29
394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 30
396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 31
396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 32
408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 33
422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 34
432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 35
432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 36
433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 37
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 38
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 39
442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 40
449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 41
453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 42
459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 43
463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 44
481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 45
– 36 –
- *AB224 _R2 *
483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 1
484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 2
534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 3
598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 4
604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 5
618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 6
624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 7
628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 8
630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 9
631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 10
633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 11
634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 12
636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 13
638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 14
640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 15
640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 16
641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 17
641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 18
641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 19
645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 20
645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 21
647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 22
652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 23
665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 24
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 25
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 26
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 27
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 28
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 29
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 30
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 31
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 32
711.600, and sections 29 and 46 of this act, sections 35, 38 and 41 33
of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 34
391, Statutes of Nevada 2013 and unless otherwise declared by law 35
to be confidential, all public books and public records of a 36
governmental entity must be open at all times during office hours to 37
inspection by any person, and may be fully copied or an abstract or 38
memorandum may be prepared from those public books and public 39
records. Any such copies, abstracts or memoranda may be used to 40
supply the general public with copies, abstracts or memoranda of the 41
records or may be used in any other way to the advantage of the 42
governmental entity or of the general public. This section does not 43
supersede or in any manner affect the federal laws governing 44
copyrights or enlarge, diminish or affect in any other manner the 45
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rights of a person in any written book or record which is 1
copyrighted pursuant to federal law. 2
2. A governmental entity may not reject a book or record 3
which is copyrighted solely because it is copyrighted. 4
3. A governmental entity that has legal custody or control of a 5
public book or record shall not deny a request made pursuant to 6
subsection 1 to inspect or copy or receive a copy of a public book or 7
record on the basis that the requested public book or record contains 8
information that is confidential if the governmental entity can 9
redact, delete, conceal or separate, including, without limitation, 10
electronically, the confidential information from the information 11
included in the public book or record that is not otherwise 12
confidential. 13
4. If requested, a governmental entity shall provide a copy of a 14
public record in an electronic format by means of an electronic 15
medium. Nothing in this subsection requires a governmental entity 16
to provide a copy of a public record in an electronic format or by 17
means of an electronic medium if: 18
(a) The public record: 19
(1) Was not created or prepared in an electronic format; and 20
(2) Is not available in an electronic format; or 21
(b) Providing the public record in an electronic format or by 22
means of an electronic medium would: 23
(1) Give access to proprietary software; or 24
(2) Require the production of information that is confidential 25
and that cannot be redacted, deleted, concealed or separated from 26
information that is not otherwise confidential. 27
5. An officer, employee or agent of a governmental entity who 28
has legal custody or control of a public record: 29
(a) Shall not refuse to provide a copy of that public record in the 30
medium that is requested because the officer, employee or agent has 31
already prepared or would prefer to provide the copy in a different 32
medium. 33
(b) Except as otherwise provided in NRS 239.030, shall, upon 34
request, prepare the copy of the public record and shall not require 35
the person who has requested the copy to prepare the copy himself 36
or herself. 37
Sec. 63. NRS 241.016 is hereby amended to read as follows: 38
241.016 1. The meetings of a public body that are quasi-39
judicial in nature are subject to the provisions of this chapter. 40
2. The following are exempt from the requirements of this 41
chapter: 42
(a) The Legislature of the State of Nevada. 43
(b) Judicial proceedings, including, without limitation, 44
proceedings before the Commission on Judicial Selection and, 45
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except as otherwise provided in NRS 1.4687, the Commission on 1
Judicial Discipline. 2
(c) Meetings of the State Board of Parole Commissioners when 3
acting to grant, deny, continue or revoke the parole of a prisoner or 4
to establish or modify the terms of the parole of a prisoner. 5
3. Any provision of law, including, without limitation, NRS 6
91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 7
281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 8
287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 9
315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 10
388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 11
392.4671, 394.1699, 396.1415, 396.3295, 414.270, 422.405, 12
433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 13
630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 14
696B.550, 703.196 and 706.1725 [,] and section 46 of this act, 15
which: 16
(a) Provides that any meeting, hearing or other proceeding is not 17
subject to the provisions of this chapter; or 18
(b) Otherwise authorizes or requires a closed meeting, hearing 19
or proceeding, 20
prevails over the general provisions of this chapter. 21
4. The exceptions provided to this chapter, and electronic 22
communication, must not be used to circumvent the spirit or letter of 23
this chapter to deliberate or act, outside of an open and public 24
meeting, upon a matter over which the public body has supervision, 25
control, jurisdiction or advisory powers. 26
Sec. 64. NRS 396.251 is hereby amended to read as follows: 27
396.251 1. The Board of Regents may establish policies and 28
procedures for personnel which govern student employees, 29
physicians engaged in a program for residency training and 30
postdoctoral fellows of the System and which are separate from the 31
policies and procedures established for the unclassified personnel of 32
the System. Any such policy or procedure does not diminish the 33
eligibility of those persons for coverage as employees under the 34
provisions of chapters 616A to 616D, inclusive, or chapter 617 of 35
NRS. 36
2. Except as otherwise provided in sections 6 to 52, inclusive, 37
of this act: 38
(a) In establishing policies and procedures pursuant to 39
subsection 1, the Board of Regents is not bound by any of the other 40
provisions of this chapter or the provisions of title 23 of NRS. 41
[Those] 42
(b) The provisions of this chapter and the provisions of title 23 43
of NRS do not apply to a student employee, a physician engaged in 44
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a program for residency training or a postdoctoral fellow of the 1
System unless otherwise provided by the Board of Regents. 2
3. In the event of a conflict between the policies and 3
procedures established pursuant to subsection 1 and the provisions 4
of a collective bargaining agreement entered into pursuant to 5
sections 6 to 52, inclusive, of this act, the provisions of the 6
agreement prevail. 7
Sec. 65. NRS 396.280 is hereby amended to read as follows: 8
396.280 The Board of Regents shall have [the] : 9
1. The power to fix the salaries of the academic staff of the 10
System. 11
2. The authority to conduct collective bargaining negotiations 12
and to enter into collective bargaining agreements with the 13
professional employees of the System pursuant to sections 6 to 52, 14
inclusive, of this act to establish the terms and conditions of 15
employment of the academic staff and other professional 16
employees of the System. As used in this subsection, “professional 17
employee” has the meaning ascribed to it in section 13 of this act. 18
Sec. 65.3. 1. There is hereby appropriated from the State 19
General Fund to the Interim Finance Committee for allocation to the 20
Nevada System of Higher Education for personnel and operating 21
expenses associated with the changes relating to collective 22
bargaining in this act the following sums: 23
For the Fiscal Year 2023-2024 .................................. $600,671 24
For the Fiscal Year 2024-2025 ............................... $1,290,630 25
2. Any balance of the sums appropriated by subsection 1 26
remaining at the end of the respective fiscal years must not be 27
committed for expenditure after June 30 of the respective fiscal 28
years by the entity to which the appropriation is made or any entity 29
to which money from the appropriation is granted or otherwise 30
transferred in any manner, and any portion of the appropriated 31
money remaining must not be spent for any purpose after 32
September 20, 2024, and September 19, 2025, respectively, by 33
either the entity to which the money was appropriated or the entity 34
to which the money was subsequently granted or transferred, and 35
must be reverted to the State General Fund on or before 36
September 20, 2024, and September 19, 2025, respectively. 37
Sec. 65.5. 1. There is hereby appropriated from the State 38
General Fund to the Interim Finance Committee for allocation to the 39
Office of the Attorney General for personnel, operating and 40
information services expenses associated with the changes relating 41
to collective bargaining in this act the following sums: 42
For the Fiscal Year 2023-2024 .................................. $181,380 43
For the Fiscal Year 2024-2025 .................................. $230,755 44
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2. Any balance of the sums appropriated by subsection 1 1
remaining at the end of the respective fiscal years must not be 2
committed for expenditure after June 30 of the respective fiscal 3
years by the entity to which the appropriation is made or any entity 4
to which money from the appropriation is granted or otherwise 5
transferred in any manner, and any portion of the appropriated 6
money remaining must not be spent for any purpose after 7
September 20, 2024, and September 19, 2025, respectively, by 8
either the entity to which the money was appropriated or the entity 9
to which the money was subsequently granted or transferred, and 10
must be reverted to the State General Fund on or before September 11
20, 2024, and September 19, 2025, respectively. 12
Sec. 66. 1. Except as otherwise provided in subsection 2, 13
insofar as they conflict with the provisions of such an agreement, 14
the amendatory provisions of this act do not apply during the current 15
term of any collective bargaining agreement entered into before 16
July 1, 2023, but do apply to any extension or renewal of such an 17
agreement and to any such agreement entered into on or after July 1, 18
2023. 19
2. If a collective bargaining agreement entered into before 20
July 1, 2023, has a provision authorizing the reopening of 21
negotiations, the amendatory provisions of this act do not apply to 22
the reopened negotiations of the provisions of that collective 23
bargaining agreement if a renegotiated collective bargaining 24
agreement is entered into before January 1, 2024. 25
3. If a state professional employer has established a bargaining 26
unit for any of its professional employees or has designated a 27
professional organization as the exclusive representative for a 28
bargaining unit as of July 1, 2023, such bargaining unit or exclusive 29
representative shall be deemed the bargaining unit or exclusive 30
representative representing the same professional employees on and 31
after July 1, 2023, until such time, if any, the bargaining unit or 32
exclusive representative is changed or modified in accordance with 33
the provisions of this act. 34
4. As used in this section: 35
(a) “Bargaining unit” has the meaning ascribed to it in section 8 36
of this act. 37
(b) “Exclusive representative” has the meaning ascribed to it in 38
section 10 of this act. 39
(c) “Professional employee” has the meaning ascribed to it in 40
section 13 of this act. 41
(d) “Professional organization” has the meaning ascribed to it in 42
section 4 of this act. 43
(e) “State professional employer” has the meaning ascribed to it 44
in section 5 of this act. 45
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Sec. 67. This act becomes effective on July 1, 2023. 1
H