Assembly Bill No. 185-Assemblymen Neighbors, Manendo, Hickey, Mortenson, Lee, Collins, Arberry, de Braga, Segerblom, Chowning, Bache, Amodei, Giunchigliani, Williams and Freeman
February 18, 1997
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Referred to Committee on Government Affairs
SUMMARY--Authorizes use of arbitration in adjustment of certain grievances of state employees. (BDR 23-741)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to state employees; revising provisions governing the adjustment of certain grievances; authorizing the use of arbitration; providing a process by which an arbitration panel is selected; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 284.384 is hereby amended to read as follows:
284.384 1. The director shall propose, and the commission shall adopt, regulations which provide for the adjustment of grievances for which a hearing is not provided by NRS 284.165, 284.376 or 284.390. Any grievance for which a hearing is not provided by NRS 284.165, 284.376 or 284.390 is subject to adjustment pursuant to this section.
2. The regulations must provide procedures for:
(a) Consideration and adjustment of the grievance within the agency in which it arose.
(b) Submission of the grievance to the employee-management committee or an arbitrator for a final decision if the employee is still dissatisfied with the resolution of the dispute.
3. The regulations must include provisions for:
(a) Submitting each proposed resolution of a dispute which has a fiscal effect to the budget division of the department of administration for a determination by that division whether the resolution is feasible on the basis of its fiscal effects; and
(b) Making the resolution binding.
4. Any grievance which is subject to adjustment pursuant to this section may be appealed to the employee-management committee or an arbitrator for a final decision. If a grievance is appealed to an arbitrator:
(a) The arbitrator shall assess his costs to the losing party except in extraordinary cases wherein the arbitrator may determine that a different assessment of costs is more equitable and make the assessment accordingly; and
(b) Each party shall pay its own costs of the preparation and presentation of its case.
5. The employee may represent himself at any hearing regarding a grievance which is subject to adjustment pursuant to this section or be represented by an attorney or other person of the employee's own choosing.
6. The selection of, and the holding of a hearing by, an arbitrator pursuant to this section is subject to the following:
(a) The commission shall request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential arbitrators. If the commission and the various labor organizations that represent state employees in Nevada are unable to agree upon which arbitration service will be used, the Federal Mediation and Conciliation Service must be used.
(b) The commission shall hold a hearing at which the commission will hear objections to any of the seven potential arbitrators. At the conclusion of the hearing, the commission shall appoint three arbitrators who shall serve as an arbitration panel for 1 year, and one alternate arbitrator who shall serve on the panel if a vacancy arises. If a grievance is assigned to the arbitration panel, the arbitrator who shall hear the grievance must be determined by the employee striking one name from the panel and the appointing authority striking one name from the panel. The remaining arbitrator shall hear the grievance. The hearing must be held in the county in which the employee resides, unless the employee agrees to a different location.
(c) An arbitration panel may be reappointed in the same manner as specified for original appointments.
7. As used in this section, "grievance" means an act, omission or occurrence which an employee who has attained permanent status feels constitutes an injustice relating to any condition arising out of the relationship between an employer and an employee, including, but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement.