EMERGENCY REQUEST of Assembly Minority Leader

 

Assembly Bill No. 545–Assemblymen Hettrick, Knecht, Gustavson, Angle, Beers, Andonov, Brown, Carpenter, Christensen, Geddes, Gibbons, Goicoechea, Grady, Hardy, Mabey, Marvel, Sherer and Weber

 

May 1, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to elections conducted to determine which, if any, employee organization represents majority of local government employees in bargaining unit. (BDR 23‑1341)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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 local government employee organizations; revising provisions relating to elections conducted to determine which, if any, employee organization represents a majority of the local government employees in a particular bargaining unit; 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. Chapter 288 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  With respect to an election conducted pursuant to

1-4  subsection 4 of NRS 288.160:

1-5  (a) The ballots for the election must be prepared so as to allow

1-6  the local government employees who are eligible to vote in the

1-7  election to:

2-1       (1) Choose an employee organization, or choose between or

2-2  among employee organizations, as applicable, to represent the

2-3  employees as a recognized employee organization; or

2-4       (2) Choose not to be represented by an employee

2-5  organization.

2-6  (b) After the employees have voted, the board shall canvass the

2-7  votes. Upon completion of the canvass, the board:

2-8       (1) If an employee organization receives a majority of the

2-9  total number of valid votes cast, shall certify that employee

2-10  organization as being supported by a majority of the local

2-11  government employees in the applicable bargaining unit.

2-12          (2) If the option not to be represented by an employee

2-13  organization receives a majority of the total number of valid votes

2-14  cast, shall not certify an employee organization as being supported

2-15  by a majority of the local government employees in the applicable

2-16  bargaining unit.

2-17          (3) If the ballot set forth three or more choices and none of

2-18  those choices received a majority of the total number of valid votes

2-19  cast, shall conduct a second election in accordance with

2-20  subsection 2.

2-21      2.  With respect to a second election conducted pursuant to

2-22  subparagraph (3) of paragraph (b) of subsection 1:

2-23      (a) The ballots for the election must be prepared so as to allow

2-24  the local government employees who are eligible to vote in the

2-25  election to:

2-26          (1) If, at the election conducted pursuant to subsection 4 of

2-27  NRS 288.160, the choices on the ballot receiving the highest and

2-28  next highest number of valid votes cast were both employee

2-29  organizations, choose between those employee organizations to

2-30  represent the employees as a recognized employee organization; or

2-31          (2) If, at the election conducted pursuant to subsection 4 of

2-32  NRS 288.160, the choices on the ballot receiving the highest and

2-33  next highest number of valid votes cast were an employee

2-34  organization and the option not to be represented by an employee

2-35  organization, choose between the employee organization to

2-36  represent the employees as a recognized employee organization

2-37  and the option not to be represented by an employee organization.

2-38      (b) After the employees have voted, the board shall canvass the

2-39  votes. Upon completion of the canvass, the board:

2-40          (1) If an employee organization receives the higher number

2-41  of valid votes cast, shall certify that employee organization as

2-42  being supported by a majority of the local government employees

2-43  in the applicable bargaining unit.

2-44          (2) If the option not to be represented by an employee

2-45  organization receives the higher number of valid votes cast, shall

3-1  not certify an employee organization as being supported by a

3-2  majority of the local government employees in the applicable

3-3  bargaining unit.

3-4  3.  For the purposes of any election held pursuant to

3-5  subsection 4 of NRS 288.160 or subparagraph (3) of paragraph

3-6  (b) of subsection 1 of this section, the board shall determine and

3-7  certify the results of the election on the basis of the total number

3-8  of valid votes cast, and not on the basis of the total number of

3-9  local government employees in the applicable bargaining unit.

3-10      Sec. 2.  NRS 288.160 is hereby amended to read as follows:

3-11      288.160  1.  An employee organization may apply to a local

3-12  government employer for recognition by presenting:

3-13      (a) A copy of its constitution and bylaws, if any;

3-14      (b) A roster of its officers, if any, and representatives; and

3-15      (c) A pledge in writing not to strike against the local

3-16  government employer under any circumstances.

3-17  A local government employer shall not recognize as representative

3-18  of its employees any employee organization which has not adopted,

3-19  in a manner valid under its own rules, the pledge required by

3-20  paragraph (c).

3-21      2.  If an employee organization, at or after the time of its

3-22  application for recognition, presents a verified membership list

3-23  showing that it represents a majority of the employees in a

3-24  bargaining unit, and if the employee organization is recognized by

3-25  the local government employer, it shall be the exclusive bargaining

3-26  agent of the local government employees in that bargaining unit.

3-27      3.  A local government employer may withdraw recognition

3-28  from an employee organization which:

3-29      (a) Fails to present a copy of each change in its constitution or

3-30  bylaws, if any, or to give notice of any change in the roster of its

3-31  officers, if any, and representatives;

3-32      (b) Disavows its pledge not to strike against the local

3-33  government employer under any circumstances;

3-34      (c) Ceases to be supported by a majority of the local government

3-35  employees in the bargaining unit for which it is recognized; or

3-36      (d) Fails to negotiate in good faith with the local government

3-37  employer,

3-38  if it first receives the written permission of the Board.

3-39      4.  If the Board in good faith doubts whether any employee

3-40  organization is supported by a majority of the local government

3-41  employees in a particular bargaining unit, it may conduct an election

3-42  in accordance with section 1 of this act by secret ballot upon the

3-43  question. Subject to judicial review, the decision of the Board is

3-44  binding upon the local government employer and all employee

3-45  organizations involved.

4-1  5.  The parties may agree in writing, without appealing to the

4-2  Board, to hold a representative election to determine whether an

4-3  employee organization represents the majority of the local

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

4-5  Board and its staff in an agreed election is subject to the approval of

4-6  the Board.

4-7  Sec. 3.  The amendatory provisions of this act apply

4-8  retroactively to any matter relating to an election conducted

4-9  pursuant to subsection 4 of NRS 288.160 that was pending before

4-10  the Local Government Employee-Management Relations Board on

4-11  January 31, 2003.

4-12      Sec. 4.  This act becomes effective upon passage and approval.

 

4-13  H