exempt

                                                  (Reprinted with amendments adopted on May 29, 2003)

 

Assembly Bill No. 537–Committee on
Government Affairs

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes use of arbitrator for certain grievances filed by state employees. (BDR 23‑1155)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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

 

AN ACT relating to the state personnel system; authorizing the use of an arbitrator for certain grievances filed by an employee; 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 284.384 is hereby amended to read as follows:

1-2  284.384  1.  The Director shall propose, and the Commission

1-3  shall adopt, regulations which provide for the adjustment of

1-4  grievances for which a hearing is not provided by NRS 284.165,

1-5  284.245, 284.3629, 284.376 or 284.390. Any grievance for which a

1-6  hearing is not provided by NRS 284.165, 284.245, 284.3629,

1-7  284.376 or 284.390 is subject to adjustment pursuant to this section.

1-8  2.  The regulations must provide procedures for:

1-9  (a) Consideration and adjustment of the grievance within the

1-10  agency in which it arose.

1-11      (b) Submission of the grievance by the employee to the

1-12  Employee-Management Committee or an arbitrator for a final

1-13  decision if the employee is still dissatisfied with the resolution of

1-14  the dispute.

1-15      3.  The regulations must include provisions for:

1-16      (a) Submitting each proposed resolution of a dispute which has a

1-17  fiscal effect to the Budget Division of the Department of

2-1  Administration for a determination by that Division whether the

2-2  resolution is feasible on the basis of its fiscal effects; and

2-3  (b) Making the resolution binding.

2-4  4.  Any grievance which is subject to adjustment pursuant to

2-5  this section may be [appealed] submitted by the employee to the

2-6  Employee-Management Committee or an arbitrator for a final

2-7  decision. If a grievance is submitted to an arbitrator:

2-8  (a) The arbitrator shall assess his costs to the losing party,

2-9  unless the arbitrator determines that a different assessment of

2-10  costs is more equitable; and

2-11      (b) Each party shall pay its own costs of the preparation and

2-12  presentation of its case.

2-13      5.  The employee may represent himself at any hearing

2-14  regarding a grievance which is subject to adjustment pursuant to this

2-15  section or be represented by an attorney or other person of the

2-16  employee’s own choosing.

2-17      6.  The Commission shall appoint an arbitration panel whose

2-18  members are authorized to make final decisions on grievances that

2-19  are submitted to an arbitrator pursuant to this section. To appoint

2-20  such a panel, the Commission shall request from the American

2-21  Arbitration Association or the Federal Mediation and Conciliation

2-22  Service a list of seven potential arbitrators. If the Commission and

2-23  the organizations that represent state employees in this state are

2-24  unable to agree upon which arbitration service to use, the Federal

2-25  Mediation and Conciliation Service must be used.

2-26      7.  The Commission shall hold a hearing at which the

2-27  Commission will hear objections to any of the seven potential

2-28  arbitrators. At the conclusion of the hearing, the Commission

2-29  shall appoint three arbitrators to serve as members of an

2-30  arbitration panel for terms of 1 year, and one alternate arbitrator

2-31  to serve on the panel if a vacancy arises.

2-32      8.  An arbitration panel must be reappointed in the same

2-33  manner as specified in subsections 6 and 7 for original

2-34  appointments.

2-35      9.  If a grievance is submitted to the arbitration panel, the

2-36  employee who submitted the grievance and the appointing

2-37  authority of the employee shall select the arbitrator who will hear

2-38  the grievance. The parties shall select an arbitrator from the panel

2-39  by alternately striking one name until the name of only one

2-40  arbitrator remains. The remaining arbitrator shall hear the

2-41  grievance in question. The employee shall strike the first name.

2-42      10.  A hearing held pursuant to this section must be held in

2-43  the county in which the employee resides, unless the employee

2-44  agrees to a different location.

3-1  11.  As used in this section, “grievance” means an act, omission

3-2  or occurrence which an employee who has attained permanent status

3-3  feels constitutes an injustice relating to any condition arising out of

3-4  the relationship between an employer and an employee, including,

3-5  but not limited to, compensation, working hours, working

3-6  conditions, membership in an organization of employees or the

3-7  interpretation of any law, regulation or disagreement.

3-8  Sec. 2.  This act becomes effective on July 1, 2003.

 

3-9  H