MINUTES OF THE ASSEMBLY COMMITTEE ON LABOR AND MANAGEMENT Sixty-eighth Session March 23, 1995 The Committee on Labor and Management was called to order at 3:30 p.m., on Thursday, March 23, 1995, Chairman Dennis Nolan presiding in Room 321 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Ms. Saundra (Sandi) Krenzer, Chairman Mr. Dennis Nolan, Chairman Mr. David Goldwater, Vice Chairman Mr. Bernie Anderson Mr. Douglas A. Bache Mr. John C. Carpenter Mr. Pete Ernaut Mr. Mark Manendo Mr. Brian Sandoval COMMITTEE MEMBERS EXCUSED: Mr. Lynn Hettrick, Vice Chairman STAFF MEMBERS PRESENT: Mr. Vance A. Hughey, Senior Research Analyst Mr. Fred W. Welden, Chief Deputy Research Director OTHERS PRESENT: Danny Evans, Assistant Administrator, Occupational Safety and Health Enforcement Section Chairman Dennis Nolan stated the agendized order of business for today's meeting is A.B. 62. Previously the committee had recommended do pass and has since rescinded that action in order to consider new additional language. Mr. Nolan would be providing testimony on this bill and would therefore relinquish the chair to Ms. Krenzer. ASSEMBLY BILL NO. 62 - Revises requirements for establishing quorum of occupational safety and health review board. Assemblyman Dennis Nolan, District No. 13, testified. On February 28, 1995, when the committee voted do pass on A.B. 62, he voted no. Following testimony he had spoken with some of the parties directly and peripherally involved but who had not been present on that day. Mr. Nolan stated his concern with this bill was establishing a quorum in which one side, either labor or management, could dominate. Potentially, this could create a quagmire by which individuals being adjudicated against could raise the complaint that the board's representation was disproportionate. There were others who had this concern. He reminded the committee the bill stemmed from the absences of the board's members resulting in the absence of a quorum. Mr. Nolan presented proposed language. See (Exhibit C). After section 2, subsection c), he suggested adding "and an alternate for this member." In addition, he referred to a new subsection d), which reads, "The alternate is to attend only when notified by the acting chairman of the committee and in the absence of the primary member and will be compensated as provided in the chapter, when doing so." He pointed out there would be no fiscal impact and by adding flexibility, insure a quorum be present. He also referred to a new subsection a) of section 3, "At least one member appointed to this committee will have a background in occupational safety and/or health." This does not change the make up of the committee but he felt it essential in terms of the type of cases heard that a member with this qualification be required. Currently, three members of the board have this qualification therefore this would apply only to future changes in the board. Mr. Nolan asked the committee to turn to page two of Exhibit D, NRS 618.585. Referring to section 1, subsection b), he believes this regulation authorizes the chairman to regulate the attendance of the committee members and to create a type of attendance policy. Assemblyman Anderson stated he had three questions for Mr. Nolan. First, could the member with the occupational safety or health background be the alternate. Mr. Nolan replied it should be one of the active members of the committee. Mr. Anderson's concern was for the committee to have a legitimate meeting does the member with the occupational safety or health background have to be present. Mr. Nolan stated for all intents and purposes he would not require that but it would be preferred. Lastly, Mr. Anderson questioned does this restrict the public member to a certain type of people rather than to the public at large given the other four members also have to meet certain representative requirements. Mr. Nolan asked for clarification. Mr. Anderson explained if none of the other four members have this experience would this not restrict the representative of the general public to have this particular background. Mr. Nolan suggested adding, "at least one member from either management or labor will have a background in occupational safety and/or health." Assemblyman Carpenter agreed with Mr. Anderson's concerns but felt they could be solved with Mr. Nolan's suggested language. Assemblyman Bache asked for clarification in regards to what statute this affected. Mr. Nolan stated the addition of language effects NRS 618.565. Chairman Krenzer suggested Mr. Nolan have the amendment drawn up by the bill draft department. Ms. Krenzer questioned Mr. Nolan is it your intent to give proxy power and voting power to the alternate. He replied the alternate has an inherent right for proxy and voting powers. Chairman Krenzer stated she was not sure of this issue and asked if Mr. Nolan would further investigate if that intent needs to be added. Mr. Nolan asked the committee if they approved of the language used in section 3, new subsection a). Mr. Anderson noted there is a possibility for conflict when one member can maneuver another member by placing restrictions on the available field from which they are chosen. He suggested the requirement of a member with a safety and health background be alternated among the three groups of representatives. Mr. Nolan told the committee he would be willing to eliminate this requirement, keeping the language in regards to the alternate, if this would alleviate the committee's concerns. Assemblyman Ernaut summarized adding section 3, new subsection a) is done in an advisory capacity. It is not meant to be a qualifier, to impede a quorum, nor is it to impede an alternate. Nothing more, nothing less. He also pointed out the issue of having an alternate is simple, meaning if one member of the board is unable to attend, there would be someone to replace him. He sees no reason to delay this any longer. A discussion ensued between Mr. Ernaut and Ms. Krenzer in regards to the proper statute being changed and Mr. Nolan's intent in making these changes. Mr. Nolan recognized Mr. Anderson raised valid points and he would like the chance to address them. He expressed his interest lies in doing what is best for the organization and the public but also in what is most expedient. Chairman Krenzer asked Danny Evans, Chief Administrative Officer of the Occupational Safety and Health Enforcement Section (OSHE), to come forward. Mr. Evans stated NRS 618.565 addresses the creation of the board and NRS 618.585 addresses what represents a quorum. Being Mr. Nolan's amendment relates to both sections, the proposed language for NRS 618.565 should also be incorporated into 618.585, although he does not know if this will solve the problem. Mr. Evans asserted his problem lies with the frequent absence of the member representing the general at large. Having an alternate may or may not help due to a lack of notification time. When the board is notified an hour before the meeting that the representative will not be present it does not allow for enough time to notify the alternate. In regards to NRS 618.585, specifically section 1, subsection b), "Enact rules and regulations governing the conduct of review hearings," Ms. Krenzer inquired if this could include the authorization to terminate a member if they miss two or three meetings or if they fail to inform the alternate. Mr. Evans responded that provision pertains to the procedural methods used and conducting the hearings. It does not address any regulations pertaining to the board members. Ms. Krenzer further queried if placing stipulations addressing that issue would be acceptable. Mr. Evans stated it would depend on the language. He pointed out if enough notice is given they will usually reschedule the meeting but in the statute a time period is expressed whereby public notice must be given 10 days before the hearing and they need to notify the employer to be there, adding to the difficulty of adjusting the schedule. He reiterated the addition of an alternate still might not solve the problem. Mr. Nolan stated he would ask for a legal opinion as to whether or not NRS 618.585, section 1, subsection b) allows for the chairman to conduct his board the way he sees fit including decisions concerning attendance or nonattendance. Mr. Nolan, responding to Mr. Anderson's and Ms. Krenzer's requests for clarification, stated his intent is to leave the quorum as it is presently and re- organize the board's composition as a proposed amendment. Chairman Krenzer suggested Mr. Nolan meet with Mr. Evans, draft some mutually agreed upon language and at a work session bring the amendment back to the committee. Mr. Anderson commented he supports the concept of an alternate, believing that it would solve a certain problem. Knowing there is an alternate available, a regular member might be more willing to notify earlier on of a scheduling problem rather than wait until the last second. But, Mr. Anderson pointed out he supported A.B. 62 as it was presented and therefore, if Mr. Nolan's intention is to substitute his legislation for this bill he would have to vote against it. Being there was no further testimony, Chairman Krenzer closed the hearing on A.B. 62 and returned the gavel to Mr. Nolan. The business before the committee being finished, Chairman Nolan adjourned the meeting at 4:05 p.m. RESPECTFULLY SUBMITTED: Jennifer Carnahan, Committee Secretary APPROVED BY: Assemblyman Saundra Krenzer, Chairman Assemblyman Dennis Nolan, Chairman Assembly Committee on Labor and Management March 23, 1995 Page