Assembly Bill No. 279–Assemblymen Giunchigliani
and Anderson

 

March 11, 2003

____________

 

Referred to Committee on Education

 

SUMMARY—Abolishes requirement of binding arbitration for teachers and educational support personnel and provides authority to strike under certain circumstances. (BDR 23‑108)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public employees; abolishing requirement of binding arbitration for teachers and educational support personnel; providing the authority to strike under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 288.150 is hereby amended to read as follows:

1-2  288.150  1.  Except as otherwise provided in subsection 4,

1-3  every local government employer shall negotiate in good faith

1-4  through one or more representatives of its own choosing concerning

1-5  the mandatory subjects of bargaining set forth in subsection 2 with

1-6  the designated representatives of the recognized employee

1-7  organization, if any, for each appropriate bargaining unit among its

1-8  employees. If either party so requests, agreements reached must be

1-9  reduced to writing.

1-10      2.  The scope of mandatory bargaining is limited to:

1-11      (a) Salary or wage rates or other forms of direct monetary

1-12  compensation.

1-13      (b) Sick leave.

1-14      (c) Vacation leave.

2-1  (d) Holidays.

2-2  (e) Other paid or nonpaid leaves of absence.

2-3  (f) Insurance benefits.

2-4  (g) Total hours of work required of an employee on each

2-5  workday or workweek.

2-6  (h) Total number of days’ work required of an employee in a

2-7  work year.

2-8  (i) Discharge and disciplinary procedures.

2-9  (j) Recognition clause.

2-10      (k) The method used to classify employees in the bargaining

2-11  unit.

2-12      (l) Deduction of dues for the recognized employee organization.

2-13      (m) Protection of employees in the bargaining unit from

2-14  discrimination because of participation in recognized employee

2-15  organizations consistent with the provisions of this chapter.

2-16      (n) No-strike provisions consistent with the provisions of this

2-17  chapter[.] , if applicable.

2-18      (o) Grievance and arbitration procedures for resolution of

2-19  disputes relating to interpretation or application of collective

2-20  bargaining agreements.

2-21      (p) General savings clauses.

2-22      (q) Duration of collective bargaining agreements.

2-23      (r) Safety of the employee.

2-24      (s) Teacher preparation time.

2-25      (t) Materials and supplies for classrooms.

2-26      (u) The policies for the transfer and reassignment of teachers.

2-27      (v) Procedures for reduction in workforce.

2-28      3.  Those subject matters which are not within the scope of

2-29  mandatory bargaining and which are reserved to the local

2-30  government employer without negotiation include:

2-31      (a) Except as otherwise provided in paragraph (u) of subsection

2-32  2, the right to hire, direct, assign or transfer an employee, but

2-33  excluding the right to assign or transfer an employee as a form of

2-34  discipline.

2-35      (b) The right to reduce in force or lay off any employee because

2-36  of lack of work or lack of money, subject to paragraph (v) of

2-37  subsection 2.

2-38      (c) The right to determine:

2-39          (1) Appropriate staffing levels and work performance

2-40  standards, except for safety considerations;

2-41          (2) The content of the workday, including without limitation

2-42  workload factors, except for safety considerations;

2-43          (3) The quality and quantity of services to be offered to the

2-44  public; and

2-45          (4) The means and methods of offering those services.

3-1  (d) Safety of the public.

3-2  4.  Notwithstanding the provisions of any collective bargaining

3-3  agreement negotiated pursuant to this chapter, a local government

3-4  employer is entitled to take whatever actions may be necessary to

3-5  carry out its responsibilities in situations of emergency such as a

3-6  riot, military action, natural disaster or civil disorder. Those actions

3-7  may include the suspension of any collective bargaining agreement

3-8  for the duration of the emergency. Any action taken under the

3-9  provisions of this subsection must not be construed as a failure to

3-10  negotiate in good faith.

3-11      5.  The provisions of this chapter, including without limitation

3-12  the provisions of this section, recognize and declare the ultimate

3-13  right and responsibility of the local government employer to manage

3-14  its operation in the most efficient manner consistent with the best

3-15  interests of all its citizens, its taxpayers and its employees.

3-16      6.  This section does not preclude, but this chapter does not

3-17  require , the local government employer to negotiate subject matters

3-18  enumerated in subsection 3 which are outside the scope of

3-19  mandatory bargaining. The local government employer shall discuss

3-20  subject matters outside the scope of mandatory bargaining but it is

3-21  not required to negotiate those matters.

3-22      7.  Contract provisions presently existing in signed and ratified

3-23  agreements as of May 15, 1975, at 12 p.m. remain negotiable.

3-24      Sec. 2.  NRS 288.160 is hereby amended to read as follows:

3-25      288.160 1.  An employee organization may apply to a local

3-26  government employer for recognition by presenting:

3-27      (a) A copy of its constitution and bylaws, if any;

3-28      (b) A roster of its officers, if any, and representatives; and

3-29      (c) [A] Except as otherwise provided in NRS 288.217, a pledge

3-30  in writing not to strike against the local government employer under

3-31  any circumstances.

3-32  [A] Except as otherwise provided in NRS 288.217, a local

3-33  government employer shall not recognize as representative of its

3-34  employees any employee organization which has not adopted,

3-35  in a manner valid under its own rules, the pledge required by

3-36  paragraph (c).

3-37      2.  If an employee organization, at or after the time of its

3-38  application for recognition, presents a verified membership list

3-39  showing that it represents a majority of the employees in a

3-40  bargaining unit, and if the employee organization is recognized by

3-41  the local government employer, it shall be the exclusive bargaining

3-42  agent of the local government employees in that bargaining unit.

3-43      3.  A local government employer may withdraw recognition

3-44  from an employee organization which:

4-1  (a) Fails to present a copy of each change in its constitution or

4-2  bylaws, if any, or to give notice of any change in the roster of its

4-3  officers, if any, and representatives;

4-4  (b) [Disavows] Except as otherwise provided in NRS 288.217,

4-5  disavows its pledge not to strike against the local government

4-6  employer under any circumstances;

4-7  (c) Ceases to be supported by a majority of the local

4-8  government employees in the bargaining unit for which it is

4-9  recognized; or

4-10      (d) Fails to negotiate in good faith with the local government

4-11  employer,

4-12  if it first receives the written permission of the board.

4-13      4.  If the board in good faith doubts whether any employee

4-14  organization is supported by a majority of the local government

4-15  employees in a particular bargaining unit, it may conduct an election

4-16  by secret ballot upon the question. Subject to judicial review, the

4-17  decision of the board is binding upon the local government

4-18  employer and all employee organizations involved.

4-19      5.  The parties may agree in writing, without appealing to the

4-20  board, to hold a representative election to determine whether an

4-21  employee organization represents the majority of the local

4-22  government employees in a bargaining unit. Participation by the

4-23  board and its staff in an agreed election is subject to the approval of

4-24  the board.

4-25      Sec. 3.  NRS 288.217 is hereby amended to read as follows:

4-26      288.217  1.  The provisions of this section govern negotiations

4-27  between school districts and employee organizations representing

4-28  teachers and educational support personnel.

4-29      2.  If the parties to a negotiation pursuant to this section have

4-30  failed to reach an agreement after at least four sessions of

4-31  negotiation, either party may , at any time before September 20,

4-32  declare the negotiations to be at an impasse and, after 5 days’

4-33  written notice is given to the other party, submit the issues

4-34  remaining in dispute to an arbitrator. The arbitrator must be selected

4-35  in the manner provided in subsection 2 of NRS 288.200 and has the

4-36  powers provided for fact finders in NRS 288.210.

4-37      3.  The parties to the dispute may, before the submission of

4-38  the dispute to an arbitrator, agree to make the findings and

4-39  recommendations on all or any specified issues final and binding

4-40  on the parties.

4-41      4.  The arbitrator shall, within 30 days after he is selected[,]

4-42  and after 7 days’ written notice is given to the parties, hold a hearing

4-43  to receive information concerning the dispute. The hearing must be

4-44  held in the county in which the school district is located and the

4-45  arbitrator shall arrange for a full and complete record of the hearing.

5-1  [4.] 5.  The parties to the dispute shall each pay one-half of the

5-2  costs of the arbitration.

5-3  [5.  A determination of the financial ability of a school district

5-4  must be based on all existing available revenues as established by

5-5  the school district and within the limitations set forth in NRS

5-6  354.6241, with due regard for the obligation of the school district to

5-7  provide an education to the children residing within the district.]

5-8  6.  At the recommendation of the arbitrator, the parties may,

5-9  before the submission of a final offer, enter into negotiations. If the

5-10  negotiations are begun, the arbitrator may adjourn the hearing for a

5-11  period of 3 weeks. If an agreement is reached, it must be submitted

5-12  to the arbitrator, who shall certify it as final and binding. Unless the

5-13  terms of the agreement provide otherwise, the provisions of the

5-14  agreement are retroactive to the expiration date of the last contract

5-15  between the parties.

5-16      7.  If the parties do not enter into negotiations or do not agree

5-17  within 30 days after the hearing held pursuant to subsection [3,] 4,

5-18  each of the parties shall submit a single written statement containing

5-19  its final offer for each of the unresolved issues.

5-20      8.  The arbitrator shall, within 10 days after the final offers are

5-21  submitted, render his decision on the basis of the following criteria

5-22  [set forth in NRS 288.200. The arbitrator shall accept one of the

5-23  written statements and shall report his decision to the parties.] :

5-24      (a) The financial ability of a school district. A preliminary

5-25  determination of the financial ability of the school district must be

5-26  based on all existing available revenues as established by the

5-27  school district and within the limitations set forth in NRS

5-28  354.6241, with due regard for the obligation of the school district

5-29  to provide an education to the children residing within the district.

5-30      (b) After the arbitrator has determined in accordance with

5-31  paragraph (a) that there is a current financial ability to grant

5-32  monetary benefits, he shall use normal criteria for interest

5-33  disputes regarding the terms and provisions to be included in an

5-34  agreement in assessing the reasonableness of the position of each

5-35  party as to each issue in dispute and he shall consider whether the

5-36  board found that either party had bargained in bad faith.

5-37  He shall issue his decision regarding the specified issues in

5-38  dispute. Except as otherwise provided in subsection 3, the decision

5-39  of the arbitrator is not final and binding on the parties. Any award of

5-40  the arbitrator is retroactive to the expiration date of the last contract

5-41  between the parties.

5-42      9.  The decision of the arbitrator must include a statement:

5-43      (a) Giving [his reason for accepting the final offer that is the

5-44  basis of his award; and] the facts upon which he based his

5-45  determination of financial ability to grant monetary benefits;

6-1  (b) Specifying his estimate of the total cost , if any, of the award

6-2  [.] ; and

6-3  (c) Containing any related recommendations.

6-4  10.  If the employee organization and the school district do

6-5  not agree to make the decision of the arbitrator final and binding,

6-6  and the employee organization determines that negotiations have

6-7  reached an impasse, within 5 days after the employee organization

6-8  has provided written notice of the impasse to the school district

6-9  and the board, the employee organization may call a vote of its

6-10  members for a strike against the school district. Within 30 days

6-11  after the members of the employee organization have approved a

6-12  strike, the employee organization must provide written notice of its

6-13  intent to strike to the board and the school district. Within 5 days

6-14  after the receipt of such written notice, the school district may

6-15  request the board to reopen negotiations. If the board determines

6-16  that further negotiations are likely to result in an agreement, the

6-17  board may order both parties to the dispute to reenter negotiations

6-18  for a period not to exceed 10 days. If the parties to the dispute do

6-19  not reach an agreement during the negotiations ordered by the

6-20  board, the employee organization may resume its strike activities.

6-21      11.  As used in this section:

6-22      (a) “Educational support personnel” means all classified

6-23  employees of a school district, other than teachers, who are

6-24  represented by an employee organization.

6-25      (b) “Teacher” means an employee of a school district who is

6-26  licensed to teach in this state and who is represented by an employee

6-27  organization.

6-28      Sec. 4.  NRS 288.230 is hereby amended to read as follows:

6-29      288.230  1.  The Legislature finds as facts:

6-30      (a) That the services provided by the State and local government

6-31  employers are of such nature that they are not and cannot be

6-32  duplicated from other sources and are essential to the health, safety

6-33  and welfare of the people of the State of Nevada;

6-34      (b) That the continuity of such services is likewise essential, and

6-35  their disruption incompatible with the responsibility of the State to

6-36  its people; and

6-37      (c) That every person who enters or remains in the employment

6-38  of the State or a local government employer accepts the facts stated

6-39  in paragraphs (a) and (b) as an essential condition of his

6-40  employment.

6-41      2.  [The] Except as otherwise provided in NRS 288.217, the

6-42  Legislature therefore declares it to be the public policy of the State

6-43  of Nevada that strikes against the State or any local government

6-44  employer are illegal.

 

7-1  Sec. 5.  NRS 288.240 is hereby amended to read as follows:

7-2  288.240  1.  [If] Except as otherwise provided in NRS

7-3  288.217, if a strike occurs against the State or a local government

7-4  employer, the State or local government employer shall, and if a

7-5  strike is threatened against the State or a local government

7-6  employer, the State or local government employer may, apply to a

7-7  court of competent jurisdiction to enjoin such strike. The application

7-8  shall set forth the facts constituting the strike or threat to strike.

7-9  2.  If the court finds that an illegal strike has occurred or unless

7-10  enjoined will occur, it shall enjoin the continuance or

7-11  commencement of such strike. The provisions of N.R.C.P. 65 and of

7-12  the other Nevada Rules of Civil Procedure apply generally to

7-13  proceedings under this section, but the court shall not require

7-14  security of the State or of any local government employer.

7-15      Sec. 6.  This act becomes effective on July 1, 2003.

 

7-16  H