Assembly Bill No. 65–Committee on Government Affairs

 

February 10, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes collective bargaining for certain state employees. (BDR 23‑659)

 

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 state employees; authorizing collective bargaining for certain state employees; changing the name of the Local Government Employee-Management Relations Board to the Public Employee-Management Relations Board; increasing the number of members of the Board; expanding the duties of the Board to include collective bargaining for certain state employees; providing for bargaining units and for their representatives; establishing procedures for collective bargaining and for making, revising and amending collective bargaining agreements; prohibiting certain unfair labor practices; authorizing the Superintendent of the State Printing Division of the Department of Administration to make certain labor agreements; 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 281.129 is hereby amended to read as follows:

1-2  281.129  Any officer of the State, except the Legislative Fiscal

1-3  Officer, who disburses money in payment of salaries and wages of

1-4  officers and employees of the State may, upon written requests of

1-5  the officer or employee specifying amounts, withhold those amounts

1-6  and pay them to:

1-7  1.  Charitable organizations;

2-1  2.  Employee credit unions;

2-2  3.  Insurers, if the Board of the Public Employees’ Benefits

2-3  Program has approved the request;

2-4  4.  The United States for the purchase of savings bonds and

2-5  similar obligations of the United States; and

2-6  5.  [Employee] Except as otherwise provided in section 32 of

2-7  this act, employee organizations and labor organizations.

2-8  The State Controller may adopt regulations necessary to withhold

2-9  money from the salaries or wages of officers and employees of the

2-10  Executive Department.

2-11      Sec. 2.  NRS 284.013 is hereby amended to read as follows:

2-12      284.013  1.  Except as otherwise provided in subsection 4, this

2-13  chapter does not apply to:

2-14      (a) Agencies, bureaus, commissions, officers or personnel in the

2-15  Legislative Department or the Judicial Department of State

2-16  Government, including the Commission on Judicial Discipline;

2-17      (b) Any person who is employed by a board, commission,

2-18  committee or council created in chapters 590, 623 to 625A,

2-19  inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS;

2-20  or

2-21      (c) Officers or employees of any agency of the Executive

2-22  Department of the State Government who are exempted by specific

2-23  statute.

2-24      2.  Except as otherwise provided in subsection 3, the terms and

2-25  conditions of employment of all persons referred to in subsection 1,

2-26  including salaries not prescribed by law and leaves of absence,

2-27  including, without limitation, annual leave and sick and disability

2-28  leave, must be fixed by the appointing or employing authority

2-29  within the limits of legislative appropriations or authorizations.

2-30      3.  Except as otherwise provided in this subsection, leaves of

2-31  absence prescribed pursuant to subsection 2 must not be of lesser

2-32  duration than those provided for other state officers and employees

2-33  pursuant to the provisions of this chapter. The provisions of this

2-34  subsection do not govern the Legislative Commission with respect

2-35  to the personnel of the Legislative Counsel Bureau.

2-36      4.  Any board, commission, committee or council created in

2-37  chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive,

2-38  648, 652, 654 and 656 of NRS which contracts for the services of a

2-39  person, shall require the contract for those services to be in writing.

2-40  The contract must be approved by the State Board of Examiners

2-41  before those services may be provided.

2-42      5.  To the extent that they are inconsistent or otherwise are in

2-43  conflict, the provisions of this chapter do not apply to any terms or

2-44  conditions of employment that are properly within the scope of

2-45  and subject to the provisions of:

3-1  (a) A collective bargaining agreement or supplemental

3-2  bargaining agreement that is enforceable pursuant to the

3-3  provisions of sections 4 to 50, inclusive, of this act; or

3-4  (b) An agreement concerning the terms and conditions of

3-5  employment for compositors, bindery operators, pressmen and

3-6  assistants that is made pursuant to section 68 of this act between

3-7  the Superintendent of the State Printing Division of the

3-8  Department of Administration and any group or organization that

3-9  represents such employees.

3-10  As used in this subsection, “terms and conditions of employment”

3-11  has the meaning ascribed to it in section 17 of this act.

3-12      Sec. 3.  Chapter 288 of NRS is hereby amended by adding

3-13  thereto the provisions set forth as sections 3.1 to 50, inclusive, of

3-14  this act.

3-15      Sec. 3.1.  “Executive Department” means an agency, board,

3-16  bureau, commission, department, division, elected officer or any

3-17  other unit of the Executive Department of State Government.

3-18      Sec. 3.15.  “Party” includes, without limitation, the Executive

3-19  Department.

3-20      Sec. 3.2.  1.  A subpoena issued by the Board extends to all

3-21  parts of this state and must be served in accordance with the

3-22  provisions of N.R.C.P. 4(c). The Board may not require a person

3-23  named in a subpoena to attend at a place outside the county in

3-24  which the person resides unless:

3-25      (a) The location of the place is less than 100 miles from the

3-26  person’s primary residence; or

3-27      (b) A party, by affidavit, shows that the testimony of the person

3-28  is material and necessary to the proceedings and the Board

3-29  endorses on the subpoena an order requiring the person to attend

3-30  at the place named in the subpoena, regardless of its location in

3-31  this state.

3-32      2.  A person who appears before the Board pursuant to a

3-33  subpoena is entitled to receive fees and mileage in the same

3-34  amounts and under the same circumstances as prescribed by law

3-35  for a witness in a civil action in the district court, unless the

3-36  person is a party to the proceeding or an officer or employee of

3-37  this state or any of its political subdivisions. As used in this

3-38  subsection, “employee” includes, without limitation, an employee

3-39  in the classified or unclassified service of the State.

3-40      3.  If a person who is entitled to receive fees and mileage

3-41  pursuant to subsection 2 must appear at a hearing before the

3-42  Board at a place located so far from his primary residence that it

3-43  is not reasonable for the person to return to that residence from

3-44  day to day, the person is entitled, in addition to fees and mileage,

3-45  to receive the per diem compensation for subsistence and

4-1  transportation authorized by NRS 281.160 for each day of actual

4-2  attendance at such a hearing and for each day necessarily

4-3  occupied in traveling to and from such a hearing.

4-4  4.  Except as otherwise provided in subsection 5, a party who

4-5  requests that the Board issue a subpoena to a person shall pay to

4-6  the Board the amount of any compensation for subsistence and

4-7  transportation that the person is entitled to receive from the Board

4-8  pursuant to subsection 3.

4-9  5.  As part of an award of costs to the party who prevails in a

4-10  proceeding, the Board may require the party who did not prevail in

4-11  the proceeding to pay to the Board the amount of any

4-12  compensation for subsistence and transportation that the

4-13  prevailing party would have otherwise been required to pay to the

4-14  Board pursuant to subsection 4.

4-15      Sec. 3.3. 1.  The Legislature finds as facts:

4-16      (a) That the services provided by the State and local

4-17  government employers are of such nature that they are not and

4-18  cannot be duplicated from other sources and are essential to the

4-19  health, safety and welfare of the people of the State of Nevada;

4-20      (b) That the continuity of such services is likewise essential,

4-21  and their disruption incompatible with the responsibility of the

4-22  State to its people; and

4-23      (c) That every person who enters or remains in the

4-24  employment of the State or a local government employer accepts

4-25  the facts stated in paragraphs (a) and (b) as an essential condition

4-26  of his employment.

4-27      2.  The Legislature therefore declares it to be the public policy

4-28  of the State of Nevada that strikes against the State or any local

4-29  government employer are illegal.

4-30      Sec. 3.35.  1.  If a strike occurs against the State or a local

4-31  government employer, the State or local government employer

4-32  shall, and if a strike is threatened against the State or a local

4-33  government employer, the State or local government employer

4-34  may, apply to a court of competent jurisdiction to enjoin the strike.

4-35  The application must set forth the facts constituting the strike or

4-36  threat to strike.

4-37      2.  If the court finds that an illegal strike has occurred or

4-38  unless enjoined will occur, it shall enjoin the continuance or

4-39  commencement of the strike. The provisions of N.R.C.P. 65 and

4-40  the other Nevada Rules of Civil Procedure apply generally to

4-41  proceedings under this section, but the court shall not require

4-42  security of the State or of any local government employer.

4-43      Sec. 3.4.  1.  If a strike is commenced or continued in

4-44  violation of an order issued pursuant to section 3.35 of this act, the

4-45  court may:

5-1  (a) Punish the employee organization or organizations guilty

5-2  of the violation by a fine of not more than $50,000 against each

5-3  organization for each day of continued violation.

5-4  (b) Punish any officer of an employee organization who is

5-5  wholly or partly responsible for the violation by a fine of not more

5-6  than $1,000 for each day of continued violation, or by

5-7  imprisonment as provided in NRS 22.110.

5-8  (c) Punish any employee of the State or a local government

5-9  employer who participates in the strike by ordering the dismissal

5-10  or suspension of the employee.

5-11      2.  Any of the penalties enumerated in subsection 1 may be

5-12  applied alternatively or cumulatively, in the discretion of the court.

5-13      Sec. 3.45.  1.  If a strike or violation is commenced or

5-14  continued in violation of an order issued pursuant to section 3.35

5-15  of this act, the State or the local government employer may:

5-16      (a) Dismiss, suspend or demote all or any of the employees

5-17  who participate in the strike or violation.

5-18      (b) Cancel the contracts of employment of all or any of the

5-19  employees who participate in the strike or violation.

5-20      (c) Withhold all or any part of the salaries or wages which

5-21  would otherwise accrue to all or any of the employees who

5-22  participate in the strike or violation.

5-23      2.  Any of the powers conferred by subsection 1 may be

5-24  exercised alternatively or cumulatively.

5-25      Sec. 3.5. As used in NRS 288.140 to 288.280, inclusive, and

5-26  sections 3.5 to 3.9, inclusive, of this act, unless the context

5-27  otherwise requires, the words and terms defined in sections 3.6 to

5-28  3.8, inclusive, of this act have the meanings ascribed to them in

5-29  those sections.

5-30      Sec. 3.6. “Bargaining unit” means a group of local

5-31  government employees recognized by the local government

5-32  employer as having sufficient community of interest appropriate

5-33  for representation by an employee organization for the purpose of

5-34  collective bargaining.

5-35      Sec. 3.7. “Collective bargaining” means a method of

5-36  determining conditions of employment by negotiation between

5-37  representatives of the local government employer and employee

5-38  organizations, entailing a mutual obligation of the local

5-39  government employer and the representative of the local

5-40  government employees to meet at reasonable times and bargain in

5-41  good faith with respect to:

5-42      1.  Wages, hours and other terms and conditions of

5-43  employment;

5-44      2.  The negotiation of an agreement;

6-1  3.  The resolution of any question arising under a negotiated

6-2  agreement; or

6-3  4.  The execution of a written contract incorporating any

6-4  agreement reached if requested by either party,

6-5  but this obligation does not compel either party to agree to a

6-6  proposal or require the making of a concession.

6-7  Sec. 3.75.  “Mediation” means assistance by an impartial

6-8  third party to reconcile differences between a local government

6-9  employer and a bargaining unit through interpretation, suggestion

6-10  and advice.

6-11      Sec. 3.8. “Recognition” means the formal acknowledgment

6-12  by the local government employer that a particular employee

6-13  organization has the right to represent the local government

6-14  employees within a particular bargaining unit.

6-15      Sec. 3.9. The Board shall adopt regulations governing:

6-16      1.  The recognition of employee organizations; and

6-17      2.  The determination of bargaining units.

6-18      Sec. 4.  As used in sections 4 to 50, inclusive, of this act,

6-19  unless the context otherwise requires, the words and terms defined

6-20  in sections 5 to 17, inclusive, of this act have the meanings

6-21  ascribed to them in those sections.

6-22      Sec. 5.  “Bargaining unit” means a collection of employees

6-23  that the Board has established as a bargaining unit pursuant to

6-24  section 27 of this act.

6-25      Sec. 6.  (Deleted by amendment.)

6-26      Sec. 7.  “Chief of the Budget Division” means the Chief of

6-27  the Budget Division of the Department of Administration.

6-28      Sec. 8.  “Collective bargaining” means a method to determine

6-29  the terms and conditions of employment for all employees within a

6-30  bargaining unit through negotiation, mediation or arbitration

6-31  between the Executive Department and the exclusive

6-32  representative of the bargaining unit pursuant to sections 4 to 50,

6-33  inclusive, of this act.

6-34      Sec. 9.  “Confidential employee” means an employee who:

6-35      1.  Assists in the formulation, determination and effectuation

6-36  of personnel policies or managerial policies concerning collective

6-37  bargaining or supplemental bargaining;

6-38      2.  Provides administrative support to an employee described

6-39  in subsection 1; or

6-40      3.  Is employed by the Board.

6-41      Sec. 10.  1.  “Employee” means a person who:

6-42      (a) Is employed in the classified service of the State pursuant

6-43  to chapter 284 of NRS, including, without limitation, persons

6-44  employed in the classified service by the University and

6-45  Community College System of Nevada;

7-1  (b) Is employed by the Public Employees’ Retirement System

7-2  and who is required to be paid in accordance with the pay plan for

7-3  the classified service of the State; and

7-4  (c) Is employed by any other employer that receives money

7-5  from the State of Nevada if the National Labor Relations Board

7-6  has refused to assert jurisdiction over the employer because the

7-7  employer lacks the ultimate authority to determine the primary

7-8  terms and conditions of employment and who is in a position

7-9  similar to a position in the classified service of the State.

7-10      2.  The term does not include:

7-11      (a) A managerial employee whose primary function, as

7-12  determined by the Board, is to administer and control the business

7-13  of any agency, board, bureau, commission, department, division,

7-14  elected officer or any other unit of the Executive Department of

7-15  State Government and who is vested with discretion and

7-16  independent judgment with regard to the general conduct and

7-17  control of that agency, board, bureau, commission, department,

7-18  division, elected officer or unit;

7-19      (b) An employee who is not in the classified or unclassified

7-20  service of the State pursuant to NRS 223.085;

7-21      (c) A compositor, bindery operator, pressman or assistant who

7-22  is employed pursuant to NRS 344.080 by the Superintendent of the

7-23  State Printing Division of the Department of Administration;

7-24      (d) A confidential employee;

7-25      (e) An employee who is normally scheduled to work 20 hours

7-26  or less per week, unless the employee is hired to avoid the

7-27  provisions of sections 4 to 50, inclusive, of this act; and

7-28      (f) A temporary employee who is employed for a fixed period

7-29  of 4 months or less.

7-30      Sec. 11.  (Deleted by amendment.)

7-31      Sec. 12.  “Exclusive representative” means an employee

7-32  organization that, as a result of designation by the Board, has the

7-33  exclusive right to represent all employees within a bargaining unit

7-34  and to negotiate with the Executive Department pursuant to

7-35  sections 4 to 50, inclusive, of this act concerning the terms and

7-36  conditions of employment for those employees.

7-37      Sec. 13.  (Deleted by amendment.)

7-38      Sec. 14.  “Mediation” means assistance by an impartial third

7-39  party to reconcile differences between the Executive Department

7-40  and an exclusive representative through interpretation, suggestion

7-41  and advice.

7-42      Sec. 15.  (Deleted by amendment.)

7-43      Sec. 16.  “Supplemental bargaining” means bargaining

7-44  concerning the terms and conditions of employment that is

7-45  conducted pursuant to section 45 of this act.

8-1  Sec. 17.  Except as otherwise provided in sections 4 to 50,

8-2  inclusive, of this act, “terms and conditions of employment”

8-3  includes, without limitation:

8-4  1.  Salaries and wages;

8-5  2.  Hours and working conditions;

8-6  3.  Benefits other than benefits related to the Public

8-7  Employees’ Retirement System;

8-8  4.  Grievances;

8-9  5.  Discipline and discharge; and

8-10      6.  Labor disputes.

8-11      Sec. 18.  The provisions of chapter 241 of NRS do not apply

8-12  to any of the following if conducted for the purposes of sections 4

8-13  to 50, inclusive, of this act:

8-14      1.  A negotiation or informal discussion between the

8-15  Executive Department and an employee organization.

8-16      2.  A meeting or investigation conducted by a mediator or

8-17  arbitrator.

8-18      3.  A meeting between the Executive Department and its

8-19  designated representatives concerning collective bargaining or

8-20  supplemental bargaining.

8-21      Sec. 19-24.  (Deleted by amendment.)

8-22      Sec. 25.  1.  For the purposes of collective bargaining,

8-23  supplemental bargaining and other mutual aid or protection,

8-24  employees have the right to:

8-25      (a) Organize, form, join and assist employee organizations,

8-26  engage in collective bargaining and supplemental bargaining

8-27  through exclusive representatives and engage in other concerted

8-28  activities; and

8-29      (b) Refrain from engaging in any such activity.

8-30      2.  Collective bargaining and supplemental bargaining entail

8-31  a mutual obligation of the Executive Department and an exclusive

8-32  representative to meet at reasonable times and to bargain in good

8-33  faith with respect to:

8-34      (a) The terms and conditions of employment;

8-35      (b) The negotiation of an agreement;

8-36      (c) The resolution of any question arising under an

8-37  agreement; and

8-38      (d) The execution of a written contract incorporating the

8-39  provisions of an agreement, if requested by either party or

8-40  required pursuant to sections 4 to 50, inclusive, of this act.

8-41      3.  The provisions of this section must not be construed to

8-42  compel the Executive Department or an exclusive representative to

8-43  agree to a proposal or to make a concession.

8-44      Sec. 26.  1.  Except as otherwise provided in subsection 2,

8-45  the following subjects are not within the scope of collective

9-1  bargaining or supplemental bargaining pursuant to sections 4 to

9-2  50, inclusive, of this act and are reserved to the Executive

9-3  Department without negotiation:

9-4  (a) The right to hire, direct or assign an employee, except the

9-5  right to reassign an employee as a form of discipline;

9-6  (b) The right to determine the minimum qualifications for a

9-7  job or position and the nature and content of any examination

9-8  offered to applicants for that job or position;

9-9  (c) The right to determine the content of the workday,

9-10  including, without limitation, the amount of work that must be

9-11  performed, except for considerations of safety; and

9-12      (d) The right to take whatever action may be necessary to carry

9-13  out the responsibilities of the Executive Department in a situation

9-14  of emergency, including, without limitation, a riot, military action,

9-15  natural disaster or civil disorder.

9-16      2.  The Executive Department and an exclusive representative

9-17  may negotiate concerning:

9-18      (a) The procedures that the Executive Department will observe

9-19  in exercising the authority reserved to it pursuant to this section;

9-20  and

9-21      (b) The effect of the exercise of such authority by the

9-22  Executive Department.

9-23      Sec. 27.  1.  The Board shall, by regulation, establish

9-24  bargaining units on a statewide basis, including, without

9-25  limitation, the bargaining units described in subsection 2.

9-26      2.  The Board shall establish one bargaining unit for each of

9-27  the following occupational groups and each such bargaining unit

9-28  must include all supervisory employees at the working level of the

9-29  occupational group:

9-30      (a) Labor, maintenance, custodial and institutional employees,

9-31  including, without limitation, employees of penal and correctional

9-32  institutions who are not responsible for security at those

9-33  institutions.

9-34      (b) Administrative and clerical employees, including, without

9-35  limitation, paralegals and employees whose work involves general

9-36  office work, or keeping or examining records and accounts.

9-37      (c) Technical aides to professional employees, including,

9-38  without limitation, computer programmers, tax examiners,

9-39  conservation employees and crew supervisors.

9-40      (d) Professional employees, including, without limitation,

9-41  physical therapists and other employees in medical and other

9-42  professions related to health.  

9-43      (e) Employees, other than professional employees, who provide

9-44  health care and personal care, including, without limitation,

9-45  employees who care for children.

10-1      (f) Officers of the Nevada Highway Patrol who hold the rank

10-2  of sergeant or lower.

10-3      (g) Adult and youth correctional employees, including, without

10-4  limitation, classification caseworkers, group supervisors in

10-5  correctional institutions and forensic specialists.

10-6      (h) Employees, other than officers of the Nevada Highway

10-7  Patrol and adult and youth correctional employees, who have the

10-8  powers of a peace officer and whose work includes investigation,

10-9  the enforcement of statutes, ordinances or regulations, or the

10-10  preservation of public order, including, without limitation, all

10-11  such employees of the Public Utilities Commission of Nevada, the

10-12  Transportation Services Authority and the Taxicab Authority.

10-13     (i) Supervisory employees not otherwise included in other

10-14  bargaining units.

10-15     (j) Employees of the State Printing Division of the Department

10-16  of Administration, not including compositors, assistant

10-17  compositors, bindery operators, assistant bindery operators,

10-18  pressmen and assistant pressmen employed pursuant to NRS

10-19  344.080 by the Superintendent of the State Printing Division.

10-20     (k) Employees of the University and Community College

10-21  System of Nevada.

10-22     3.  This section does not prohibit the Board from including

10-23  within an occupational group employees other than those specified

10-24  for that group.

10-25     4.  The Board shall, by regulation, establish the exact

10-26  classifications of employees within each bargaining unit. The

10-27  Board may assign a new classification to a bargaining unit based

10-28  upon the similarity of the new classification to other

10-29  classifications within the bargaining unit.

10-30     5.  The Board shall not change an established bargaining unit

10-31  arbitrarily.

10-32     6.  The Board shall determine whether the employment

10-33  functions of any group of employees performing managerial

10-34  functions preclude the inclusion of those employees in a

10-35  bargaining unit.

10-36     7.  As used in this section:

10-37     (a) “Professional employee” means an employee engaged in

10-38  work that:

10-39         (1) Is predominantly intellectual and varied in character as

10-40  opposed to routine mental, manual, mechanical or physical work;

10-41         (2) Involves the consistent exercise of discretion and

10-42  judgment in its performance;

10-43         (3) Is of such a character that the result accomplished or

10-44  produced cannot be standardized in relation to a given period; and

11-1          (4) Requires advanced knowledge in a field of science or

11-2  learning customarily acquired through a prolonged course of

11-3  specialized intellectual instruction and study in an institution of

11-4  higher learning, as distinguished from general academic

11-5  education, an apprenticeship or training in the performance of

11-6  routine mental or physical processes.

11-7      (b) “Supervisory employee” means an employee who has

11-8  authority to:

11-9          (1) Hire, transfer, suspend, lay off, recall, promote,

11-10  discharge, assign, reward or discipline other employees, or who

11-11  has the responsibility to direct such employees; or

11-12         (2) Adjust the grievances of other employees or effectively

11-13  recommend such an action, if the exercise of that authority

11-14  requires the use of independent judgment and is not of a routine

11-15  or clerical nature.

11-16     Sec. 28.  1.  If no employee organization is designated as the

11-17  exclusive representative of a bargaining unit and an employee

11-18  organization files with the Board a list of its membership showing

11-19  that the employee organization represents more than 50 percent of

11-20  the employees within the bargaining unit, the Board shall

11-21  designate the employee organization as the exclusive

11-22  representative of the bargaining unit without ordering an election.

11-23     2.  If the Board designates an employee organization as the

11-24  exclusive representative of a bargaining unit without ordering an

11-25  election pursuant to subsection 1 of this section or paragraph (a)

11-26  of subsection 2 of section 29 of this act, the Board shall:

11-27     (a) Without ordering an election, remove the employee

11-28  organization as the exclusive representative of the bargaining unit

11-29  and designate another employee organization as the exclusive

11-30  representative of the bargaining unit if, after June 30 and on or

11-31  before December 31 of an odd-numbered year:

11-32         (1) Another employee organization files with the Board a

11-33  list of its membership showing that it represents more than 50

11-34  percent of the employees within the bargaining unit; and

11-35         (2) The Board has not ordered an election pursuant to

11-36  paragraph (b) during that period; or

11-37     (b) Order an election to be conducted pursuant to section 30 of

11-38  this act if:

11-39         (1) After June 30 and on or before December 31 of an odd-

11-40  numbered year, a group of employees within the bargaining unit

11-41  files with the Board a written request for an election which

11-42  includes a list showing that more than 50 percent of the employees

11-43  within the bargaining unit have requested that an election be

11-44  conducted to change or discontinue representation;

12-1          (2) The Board has not, during that period, designated

12-2  another employee organization as the exclusive representative of

12-3  the bargaining unit pursuant to paragraph (a); and

12-4          (3) No other election to choose, change or discontinue

12-5  representation has been conducted within the bargaining unit

12-6  during the preceding 12 months.

12-7      Sec. 29.  1.  If no employee organization is designated as the

12-8  exclusive representative of a bargaining unit, the Board shall

12-9  order an election to be conducted within the bargaining unit

12-10  pursuant to section 30 of this act if:

12-11     (a) An employee organization files with the Board a written

12-12  request for an election which includes a list of its membership

12-13  showing that it represents at least 30 percent but not more than 50

12-14  percent of the employees within the bargaining unit; and

12-15     (b) No other election to choose, change or discontinue

12-16  representation has been conducted within the bargaining unit

12-17  during the preceding 12 months.

12-18     2.  If the Board designates an employee organization as the

12-19  exclusive representative of a bargaining unit based upon the

12-20  results of an election ordered pursuant to subsection 1 of this

12-21  section or paragraph (b) of subsection 2 of section 28 of this act,

12-22  the Board shall:

12-23     (a) Without ordering an election, remove the employee

12-24  organization as the exclusive representative of the bargaining unit

12-25  and designate another employee organization as the exclusive

12-26  representative of the bargaining unit if, after June 30 and on or

12-27  before December 31 of an odd-numbered year:

12-28         (1) Another employee organization files with the Board a

12-29  list of its membership showing that it represents more than 50

12-30  percent of the employees within the bargaining unit; and

12-31         (2) The Board has not ordered an election pursuant to

12-32  paragraph (b) during that period; or

12-33     (b) Order an election to be conducted pursuant to section 30 of

12-34  this act if:

12-35         (1) After June 30 and on or before December 31 of an odd-

12-36  numbered year:

12-37             (I) Another employee organization files with the Board a

12-38  written request for an election which includes a list of its

12-39  membership showing that the employee organization represents at

12-40  least 30 percent but not more than 50 percent of the employees

12-41  within the bargaining unit; or

12-42             (II) A group of employees within the bargaining unit

12-43  files with the Board a written request for an election which

12-44  includes a list showing that more than 50 percent of the employees

13-1  within the bargaining unit have requested that an election be

13-2  conducted to change or discontinue representation;

13-3          (2) The Board has not, during that period, designated

13-4  another employee organization as the exclusive representative of

13-5  the bargaining unit pursuant to paragraph (a); and

13-6          (3) No other election to choose, change or discontinue

13-7  representation has been conducted within the bargaining unit

13-8  during the preceding 12 months.

13-9      Sec. 30.  1.  If the Board orders an election within a

13-10  bargaining unit pursuant to section 28 or 29 of this act, the Board

13-11  shall order that each of the following be placed as a choice on the

13-12  ballot for the election:

13-13     (a) If applicable, the employee organization that requested the

13-14  election pursuant to section 29 of this act and the employee

13-15  organization that is presently designated as the exclusive

13-16  representative of the bargaining unit pursuant to section 28 or 29

13-17  of this act;

13-18     (b) Any other employee organization that, on or before the

13-19  date that is prescribed by the regulations adopted by the Board,

13-20  files with the Board a written request to be placed on the ballot for

13-21  the election and includes with the written request a list of its

13-22  membership showing that the employee organization represents at

13-23  least 20 percent of the employees within the bargaining unit; and

13-24     (c) A choice for “no representation.”

13-25     2.  If a ballot for an election contains more than two choices

13-26  and none of the choices on the ballot receives a majority of the

13-27  votes cast at the initial election, the Board shall order a runoff

13-28  election between the two choices on the ballot that received the

13-29  highest number of votes at the initial election.

13-30     3.  If the choice for “no representation” receives a majority of

13-31  the votes cast at the initial election or at any runoff election, the

13-32  Board shall designate the bargaining unit as being without

13-33  representation.

13-34     4.  If an employee organization receives a majority of the

13-35  votes cast at the initial election or at any runoff election, the

13-36  Board shall designate the employee organization as the exclusive

13-37  representative of the bargaining unit.

13-38     Sec. 31.  1.  The Board shall preside over all elections that

13-39  are conducted pursuant to sections 4 to 50, inclusive, of this act

13-40  and shall determine the eligibility requirements for employees to

13-41  vote in any such election.

13-42     2.  An employee organization that is placed as a choice on the

13-43  ballot for an election or any employee who is eligible to vote at an

13-44  election may file with the Board a written objection to the results

13-45  of the election. The objection must be filed not later than 10 days

14-1  after the date on which the notice of the results of the election is

14-2  given by the Board.

14-3      3.  In response to a written objection filed pursuant to

14-4  subsection 2 or upon its own motion, the Board may invalidate the

14-5  results of an election and order a new election if the Board finds

14-6  that any conduct or circumstances raise substantial doubt that the

14-7  results of the election are reliable.

14-8      Sec. 32.  1.  The Board may designate an employee

14-9  organization as the exclusive representative of more than one

14-10  bargaining unit if the employee organization meets the

14-11  requirements set forth in section 28 or 29 of this act to be

14-12  designated as the exclusive representative of each such bargaining

14-13  unit separately.

14-14     2.  If the Board designates an employee organization as the

14-15  exclusive representative of a bargaining unit pursuant to sections

14-16  4 to 50, inclusive, of this act:

14-17     (a) The employee organization shall be deemed to:

14-18         (1) Be a party to any collective bargaining agreement or

14-19  supplemental bargaining agreement then in effect between the

14-20  Executive Department and the bargaining unit; and

14-21         (2) Assume all the rights and privileges of the previous

14-22  exclusive representative under any such agreement, but the

14-23  employee organization shall not be deemed to assume any costs or

14-24  liabilities incurred by the previous exclusive representative for acts

14-25  that occurred while the previous exclusive representative served in

14-26  that capacity; and

14-27     (b) An officer of the Executive Department may not, pursuant

14-28  to NRS 281.129, withhold any amount of money from the salary or

14-29  wages of an employee within the bargaining unit to pay dues or

14-30  similar fees to an employee organization other than the employee

14-31  organization that is the exclusive representative of the bargaining

14-32  unit.

14-33     Sec. 33.  1.  Except as otherwise provided in subsection 2, an

14-34  exclusive representative shall:

14-35     (a) Act as the agent and exclusive representative of all

14-36  employees within each bargaining unit that it represents;  

14-37     (b) Meet with the Executive Department at reasonable times,

14-38  including, without limitation, meeting with the Executive

14-39  Department reasonably in advance of its budget-making process;

14-40  and

14-41     (c) In good faith and on behalf of each bargaining unit that it

14-42  represents, individually or collectively, negotiate with the

14-43  Executive Department concerning the terms and conditions of

14-44  employment for the employees within each bargaining unit that it

14-45  represents, including, without limitation, any terms and conditions

15-1  of employment that are within the scope of supplemental

15-2  bargaining pursuant to section 45 of this act.

15-3      2.  If an employee is within a bargaining unit that has an

15-4  exclusive representative, the employee has the right to present

15-5  grievances to the Executive Department at any time and to have

15-6  those grievances adjusted without the intervention of the exclusive

15-7  representative if:

15-8      (a) The exclusive representative is given an opportunity to be

15-9  present at any meetings or hearings related to the adjustment of

15-10  the grievance; and

15-11     (b) The adjustment of the grievance is not inconsistent with the

15-12  provisions of the collective bargaining agreement or any

15-13  supplemental bargaining agreement then in effect.

15-14     Sec. 34.  The Governor or a person designated by the

15-15  Governor shall, in good faith and on behalf of the Executive

15-16  Department, negotiate with the exclusive representative of each

15-17  bargaining unit concerning the terms and conditions of

15-18  employment for the employees within the bargaining unit,

15-19  including, without limitation, any terms and conditions of

15-20  employment that are within the scope of supplemental bargaining

15-21  pursuant to section 45 of this act.

15-22     Sec. 35.  1.  The Governor shall sign and enforce any

15-23  collective bargaining agreement reached by the Executive

15-24  Department and an exclusive representative on behalf of the

15-25  employees within a bargaining unit that it represents.

15-26     2.  Each collective bargaining agreement must be in writing,

15-27  must not authorize any conduct that would violate the provisions

15-28  of sections 3.3 to 3.45, inclusive, of this act, relating to strikes, and

15-29  must include, without limitation:

15-30     (a) A procedure to resolve grievances which applies to all

15-31  employees in the bargaining unit and which culminates in final

15-32  and binding arbitration; and

15-33     (b) A provision which provides that an officer of the Executive

15-34  Department may, upon written authorization by an employee

15-35  within the bargaining unit, withhold a sufficient amount of money

15-36  from the salary or wages of the employee pursuant to NRS

15-37  281.129 to pay dues or similar fees to the exclusive representative

15-38  of the bargaining unit.

15-39     Sec. 36.  In each even-numbered year, the Executive

15-40  Department and an exclusive representative shall begin

15-41  negotiations concerning a collective bargaining agreement not

15-42  sooner than January 1 of the even-numbered year and not later

15-43  than:

15-44     1.  March 15 of the even-numbered year or any later date in

15-45  that year which is set by agreement of the parties, if the exclusive

16-1  representative is designated by the Board as the exclusive

16-2  representative of the bargaining unit on or before March 1 of the

16-3  same even-numbered year; or

16-4      2.  July 15 of the even-numbered year or any later date in that

16-5  year which is set by agreement of the parties, if the exclusive

16-6  representative is designated by the Board as the exclusive

16-7  representative of the bargaining unit after March 1 of the same

16-8  even-numbered year.

16-9      Sec. 37.  1.  If the parties do not reach a collective

16-10  bargaining agreement through negotiation on or before July 31 of

16-11  the even-numbered year or any later date in that year which is set

16-12  by agreement of the parties, the Board shall appoint a mediator.

16-13     2.  The mediator shall bring the parties together as soon as

16-14  possible after his appointment and shall attempt to settle each

16-15  issue in dispute on or before August 15 of the even-numbered year

16-16  or any later date in that year which is set by the mediator or by

16-17  agreement of the parties.

16-18     3.  The mediator and the parties shall apply and follow the

16-19  procedures for mediation that are prescribed by the regulations

16-20  adopted by the Board. During mediation, the parties retain their

16-21  respective duties to negotiate in good faith.

16-22     4.  The Executive Department and the exclusive representative

16-23  shall each pay one-half of the cost of mediation.

16-24     Sec. 38.  1.  If the mediator determines that his services are

16-25  no longer helpful or if the parties do not reach a collective

16-26  bargaining agreement through mediation on or before August 15

16-27  of the even-numbered year or any later date in that year which is

16-28  set by the mediator or by agreement of the parties pursuant to

16-29  section 37 of this act, the mediator shall discontinue meditation

16-30  and the parties shall attempt to agree upon an impartial arbitrator.

16-31     2.  If the parties do not agree upon an impartial arbitrator

16-32  within 5 days after the date on which mediation is discontinued

16-33  pursuant to subsection 1 or on or before any later date in that year

16-34  which is set by agreement of the parties, the parties shall request

16-35  from the American Arbitration Association a list of seven potential

16-36  arbitrators. The parties shall select an arbitrator from this list by

16-37  alternately striking one name until the name of only one arbitrator

16-38  remains, and that arbitrator must hear the dispute in question.

16-39  The exclusive representative shall strike the first name.

16-40     3.  The arbitrator shall begin arbitration proceedings on or

16-41  before September 15 of the even-numbered year or any later date

16-42  in that year which is set by agreement of the parties.

16-43     4.  The arbitrator and the parties shall apply and follow the

16-44  procedures for arbitration that are prescribed by the regulations

17-1  adopted by the Board. During arbitration, the parties retain their

17-2  respective duties to negotiate in good faith.

17-3      5.  The arbitrator may administer oaths or affirmations, take

17-4  testimony and issue and seek enforcement of subpoenas in the

17-5  same manner as the Board pursuant to NRS 288.120 and section

17-6  3.2 of this act and, except as otherwise provided in subsection 6,

17-7  the provisions of NRS 288.120 and section 3.2 of this act apply to

17-8  subpoenas issued by the arbitrator.

17-9      6.  The Executive Department and the exclusive representative

17-10  shall each pay one-half of the cost of arbitration, including,

17-11  without limitation, the fees and mileage and any compensation for

17-12  subsistence and transportation that a person is entitled to receive

17-13  pursuant to subsections 2 and 3 of section 3.2 of this act for

17-14  appearing before the arbitrator pursuant to a subpoena. The

17-15  provisions of subsections 4 and 5 of section 3.2 of this act do not

17-16  apply to a subpoena issued by the arbitrator.

17-17     Sec. 39  1.  For each separate issue that is in dispute after

17-18  arbitration proceedings are held pursuant to section 38 of this act,

17-19  the arbitrator shall incorporate either the final offer of the

17-20  Executive Department or the final offer of the exclusive

17-21  representative into his decision. The arbitrator shall not revise or

17-22  amend the final offer of either party on any issue.

17-23     2.  To determine which final offers to incorporate into his

17-24  decision, the arbitrator shall assess the reasonableness of:

17-25     (a) The position of each party as to each issue in dispute; and

17-26     (b) The contractual terms and provisions contained in each

17-27  final offer.

17-28     3.  In assessing reasonableness pursuant to subsection 2, the

17-29  arbitrator shall:

17-30     (a) Compare the terms and conditions of employment for the

17-31  employees within the bargaining unit with the terms and

17-32  conditions of employment for other employees performing similar

17-33  services and for other employees generally:

17-34         (1) In public employment in comparable communities; and

17-35         (2) In private employment in comparable communities; and

17-36     (b) Consider, without limitation:

17-37         (1) The average consumer prices for goods and services;

17-38  and

17-39         (2) Such other factors as are normally or traditionally used

17-40  as part of collective bargaining, mediation, arbitration or other

17-41  methods of dispute resolution to determine the terms and

17-42  conditions of employment for employees in public or private

17-43  employment.

17-44     4.  The arbitrator shall render a written decision on or before

17-45  October 15 of the even-numbered year or on or before any later

18-1  date which is set by agreement of the parties and which is not later

18-2  than December 31 of the even-numbered year.

18-3      5.  Except as otherwise provided in sections 40, 43, 44 and 50

18-4  of this act, each provision that is included in a decision of the

18-5  arbitrator is final and binding upon the parties.

18-6      Sec. 40.  1.  Except as otherwise provided in this section,

18-7  after an arbitrator renders a decision pursuant to section 39 of this

18-8  act, the parties may agree to open or reopen negotiations

18-9  concerning any terms and conditions of employment, whether or

18-10  not such terms and conditions of employment were included in the

18-11  decision of the arbitrator, and may agree to revise or amend the

18-12  decision of the arbitrator.

18-13     2.  The provisions of any agreement by the parties to revise or

18-14  amend the decision of the arbitrator must be in writing.

18-15     3.  If the parties reach an agreement to revise or amend the

18-16  decision of the arbitrator before the date on which the decision of

18-17  the arbitrator must be submitted to the Governor and the Chief of

18-18  the Budget Division pursuant to section 41 of this act, the

18-19  provisions of that agreement:

18-20     (a) Shall be deemed to be incorporated into the decision of the

18-21  arbitrator; and

18-22     (b) Must be given effect over any conflicting provision in the

18-23  decision of the arbitrator.

18-24     4.  If the parties do not reach an agreement to revise or amend

18-25  the decision of the arbitrator before the date on which the decision

18-26  of the arbitrator must be submitted to the Governor and the Chief

18-27  of the Budget Division pursuant to section 41 of this act, the

18-28  parties shall submit the decision of the arbitrator to the Governor

18-29  and the Chief of the Budget Division without revision or

18-30  amendment.

18-31     Sec. 41.  1.  On or before December 31 of the even-

18-32  numbered year in which negotiations began, the parties shall

18-33  submit to the Governor and the Chief of the Budget Division:

18-34     (a) If arbitration was not required, the collective bargaining

18-35  agreement reached by the parties through negotiation; or

18-36     (b) If arbitration was required, the decision of the arbitrator

18-37  without revision or amendment or, if applicable, as revised or

18-38  amended by the parties pursuant to section 40 of this act. If so

18-39  submitted, the decision of the arbitrator without revision or

18-40  amendment or, if applicable, as revised or amended, shall be

18-41  deemed to be the collective bargaining agreement between the

18-42  parties.

18-43     2.  In the proposed executive budget which is prepared by the

18-44  Chief of the Budget Division pursuant to NRS 353.230 and which

18-45  is submitted to the Legislature pursuant to Section 2 of Article 4 of

19-1  the Constitution of this state, the Chief of the Budget Division and

19-2  the Governor shall include requests for appropriations from the

19-3  Legislature in amounts that are sufficient to give effect to each

19-4  provision of the collective bargaining agreement that requires

19-5  such an appropriation.

19-6      Sec. 42.  1.  If a provision of a collective bargaining

19-7  agreement does not require an appropriation from the Legislature

19-8  to be given effect, the provision:

19-9      (a) Becomes effective on July 1 of the odd-numbered year

19-10  following the even-numbered year in which negotiations began,

19-11  whether or not the Legislature makes any appropriation in a

19-12  regular or special session to give effect to any other provision of

19-13  the collective bargaining agreement; and

19-14     (b) Expires on June 30 of the next odd-numbered year.

19-15     2.  Except as otherwise provided in sections 43 and 44 of this

19-16  act, if a provision of the collective bargaining agreement requires

19-17  an appropriation from the Legislature to be given effect, the

19-18  provision:

19-19     (a) Becomes effective on July 1 of the odd-numbered year

19-20  following the even-numbered year in which negotiations began

19-21  only if the Legislature, at a regular session or any special session

19-22  that commences before that date, makes an appropriation that is

19-23  sufficient to give effect to the provision; and

19-24     (b) Expires on June 30 of the next odd-numbered year.

19-25     Sec. 43.  1.  During the regular session or any special

19-26  session of the Legislature that commences before July 1 of the

19-27  odd-numbered year following the even-numbered year in which

19-28  negotiations began, the parties may agree, in writing, to revise or

19-29  amend any provision of the collective bargaining agreement that

19-30  requires an appropriation from the Legislature to be given effect.

19-31     2.  If the parties agree to revise or amend such a provision, the

19-32  parties shall submit the revised or amended provision to the

19-33  Legislative Counsel with sufficiently detailed information to

19-34  enable the Legislative Counsel to prepare any necessary legislative

19-35  measures.

19-36     3.  If the Legislature, in a bill passed at the regular or special

19-37  session, expressly approves the provision as revised or amended

19-38  and makes an appropriation that is sufficient to give effect to the

19-39  provision as revised or amended, the provision as revised or

19-40  amended becomes effective and expires at the same time as other

19-41  provisions in the collective bargaining agreement.

19-42     Sec. 44.  1.  At any time after the Legislature makes an

19-43  appropriation that is sufficient to give effect to a provision in a

19-44  collective bargaining agreement, whether or not the provision has

19-45  become effective, the Legislature may, in a bill or concurrent

20-1  resolution passed at a regular or special session, suspend the

20-2  operation of the provision in whole or in part and for all or for

20-3  some of its unexpired term.

20-4      2.  If a provision is suspended pursuant to subsection 1, the

20-5  parties may agree, in writing during the regular or special session,

20-6  to revise or amend the suspended provision or any other provision

20-7  of the collective bargaining agreement for which an appropriation

20-8  has been made by the Legislature, whether or not such a provision

20-9  has been suspended.

20-10     3.  If the parties agree to revise or amend such a provision, the

20-11  parties shall submit the revised or amended provision to the

20-12  Legislative Counsel with sufficiently detailed information to

20-13  enable the Legislative Counsel to prepare any necessary legislative

20-14  measures.

20-15     4.  If the Legislature, in a bill passed at the regular or special

20-16  session, expressly approves the provision as revised or amended

20-17  and makes an appropriation that is sufficient to give effect to the

20-18  provision as revised or amended, the provision as revised or

20-19  amended becomes effective on the date set in the bill and expires

20-20  at the same time as other provisions in the collective bargaining

20-21  agreement.

20-22     Sec. 45.  1.  Except as otherwise provided in this section, if

20-23  any provision of a collective bargaining agreement is in effect

20-24  between the Executive Department and a bargaining unit

20-25  pursuant to sections 42, 43 and 44 of this act, the Executive

20-26  Department and the exclusive representative of the bargaining

20-27  unit may engage in supplemental bargaining concerning any

20-28  terms and conditions of employment which are peculiar to or

20-29  which uniquely affect fewer than all the employees within the

20-30  bargaining unit if such supplemental terms and conditions of

20-31  employment:

20-32     (a) Are not included in any provision of the collective

20-33  bargaining agreement then in effect between the Executive

20-34  Department and the bargaining unit; and

20-35     (b) Do not require an appropriation from the Legislature to be

20-36  given effect.

20-37     2.  The Executive Department and an exclusive representative

20-38  may engage in supplemental bargaining pursuant to subsection 1

20-39  for fewer than all the employees within two or more bargaining

20-40  units that the exclusive representative represents if the

20-41  requirements of subsection 1 are met for each such bargaining

20-42  unit.

20-43     3.  If the parties reach a supplemental bargaining agreement

20-44  pursuant to this section, the provisions of the supplemental

20-45  bargaining agreement:

21-1      (a) Must be in writing; and

21-2      (b) Shall be deemed to be incorporated into the provisions of

21-3  each collective bargaining agreement then in effect between the

21-4  Executive Department and the employees who are subject to

21-5  the supplemental bargaining agreement if the provisions of the

21-6  supplemental bargaining agreement do not conflict with the

21-7  provisions of the collective bargaining agreement.

21-8      4.  If any provision of the supplemental bargaining agreement

21-9  conflicts with any provision of the collective bargaining

21-10  agreement, the provision of the supplemental bargaining

21-11  agreement is void and the provision of the collective

21-12  bargaining agreement must be given effect.

21-13     5.  The provisions of the supplemental bargaining agreement

21-14  expire at the same time as the other provisions of the collective

21-15  bargaining agreement into which they are incorporated.

21-16     6.  The Executive Department and an exclusive representative

21-17  may not engage in supplemental bargaining pursuant to this

21-18  section:

21-19     (a) In an even-numbered year, on or after the date on which

21-20  the Executive Department and the exclusive representative begin

21-21  negotiations pursuant to section 36 of this act concerning a

21-22  collective bargaining agreement; and

21-23     (b) In the following odd-numbered year, before July 1.

21-24     7.  The Executive Department and an exclusive representative

21-25  may, during collective bargaining conducted pursuant to sections

21-26  36 to 44, inclusive, of this act, negotiate and include in a collective

21-27  bargaining agreement any terms and conditions of employment

21-28  that would otherwise be within the scope of supplemental

21-29  bargaining conducted pursuant to this section.

21-30     Sec. 46.  1.  Except as otherwise provided in NRS 284.013:

21-31     (a) If any provision of a collective bargaining agreement

21-32  conflicts with any provision of NRS or a special act, the provision

21-33  of the collective bargaining agreement is void and must not be

21-34  given effect, unless the Legislature expressly acknowledges the

21-35  conflict and approves the provision of the collective bargaining

21-36  agreement in a bill or concurrent resolution passed at a regular or

21-37  special session; and

21-38     (b) If any provision of a supplemental bargaining agreement

21-39  conflicts with any provision of NRS or a special act, the provision

21-40  of the supplemental bargaining agreement is void and must not be

21-41  given effect.

21-42     2.  If any provision of a collective bargaining agreement or

21-43  supplemental bargaining agreement conflicts with any rule or

21-44  regulation adopted by an employer, the provision of the collective

22-1  bargaining agreement or supplemental bargaining agreement

22-2  prevails and must be given effect.

22-3      3.  The provisions of a collective bargaining agreement or

22-4  supplemental bargaining agreement are severable. If any

22-5  provision of a collective bargaining agreement or supplemental

22-6  bargaining agreement is invalidated on its face or as applied, such

22-7  invalidity does not affect the other provisions of the agreement or

22-8  the application of those provisions if such other provisions can be

22-9  given effect without the invalidated provision.

22-10     Sec. 47.  1.  It is a prohibited practice for the Executive

22-11  Department or its designated representative willfully to:

22-12     (a) Refuse to engage in collective bargaining or otherwise fail

22-13  to bargain in good faith with an exclusive representative,

22-14  including, without limitation, refusing to engage in mediation or

22-15  arbitration.

22-16     (b) Interfere with, restrain or coerce an employee in the

22-17  exercise of any right guaranteed pursuant to sections 4 to 50,

22-18  inclusive, of this act.

22-19     (c) Dominate, interfere with or assist in the formation or

22-20  administration of an employee organization.

22-21     (d) Discriminate in regard to hiring, tenure or any terms and

22-22  conditions of employment to encourage or discourage membership

22-23  in an employee organization.

22-24     (e) Discharge or otherwise discriminate against an employee

22-25  because the employee has:

22-26         (1) Signed or filed an affidavit, petition or complaint or has

22-27  provided any information or given any testimony pursuant to

22-28  sections 4 to 50, inclusive, of this act; or

22-29         (2) Formed, joined or chosen to be represented by an

22-30  employee organization.

22-31     (f) Discriminate because of race, color, religion, sex, sexual

22-32  orientation, age, disability, national origin, or political or personal

22-33  reasons or affiliations.

22-34     (g) Deny rights accompanying a designation as an exclusive

22-35  representative.

22-36     2.  It is a prohibited practice for an employee organization or

22-37  its designated agent willfully to:

22-38     (a) When acting as an exclusive representative, refuse to

22-39  engage in collective bargaining or otherwise fail to bargain in

22-40  good faith with the Executive Department, including, without

22-41  limitation, refusing to engage in mediation or arbitration.

22-42     (b) Interfere with, restrain or coerce an employee in the

22-43  exercise of any right guaranteed pursuant to sections 4 to 50,

22-44  inclusive, of this act.

23-1      (c) Discriminate because of race, color, religion, sex, sexual

23-2  orientation, age, disability, national origin, or political or personal

23-3  reasons or affiliations.

23-4      Sec. 48.  1.  To establish that a party has committed a

23-5  prohibited practice in violation of section 47 of this act, the party

23-6  aggrieved by the practice must file a complaint with the Board and

23-7  must prove the allegations contained in the complaint at a hearing

23-8  conducted in accordance with:

23-9      (a) The provisions of chapter 233B of NRS that apply to a

23-10  contested case; and

23-11     (b) The regulations adopted by the Board.

23-12     2.  If the Board finds that the party accused in the complaint

23-13  has committed a prohibited practice, the Board:

23-14     (a) Shall order the party to cease and desist from engaging in

23-15  the prohibited practice; and

23-16     (b) May order any other affirmative relief that is necessary to

23-17  remedy the prohibited practice.

23-18     3.  The Board may petition the district court for enforcement

23-19  of its orders.

23-20     4.  Any order or decision issued by the Board pursuant to this

23-21  section concerning the merits of a complaint is a final decision in

23-22  a contested case and may be appealed pursuant to the provisions

23-23  of chapter 233B of NRS that apply to a contested case, except that

23-24  a party aggrieved by the order or decision of the Board must file a

23-25  petition for judicial review not later than 10 days after being

23-26  served with the order or decision of the Board.

23-27     Sec. 49.  1.  Except as otherwise provided by specific statute,

23-28  an employee organization and the Executive Department may sue

23-29  or be sued as an entity pursuant to sections 4 to 50, inclusive, of

23-30  this act.

23-31     2.  If any action or proceeding is brought by or against an

23-32  employee organization pursuant to sections 4 to 50, inclusive, of

23-33  this act, the district court for the county in which the employee

23-34  organization maintains its principal office or the county in which

23-35  the claim arose has jurisdiction over any claim brought pursuant

23-36  to sections 4 to 50, inclusive, of this act.

23-37     3.  A natural person and his assets are not subject to liability

23-38  for any judgment awarded pursuant to sections 4 to 50, inclusive,

23-39  of this act against the Executive Department or an employee

23-40  organization.

23-41     Sec. 50.  1.  Except as otherwise provided in this section, a

23-42  party may seek judicial review in the district court of the decision

23-43  of an arbitrator made pursuant to section 39 of this act based upon

23-44  jurisdictional grounds or upon the grounds that the decision:

24-1      (a) Was procured by fraud, collusion or other similar unlawful

24-2  means; or

24-3      (b) Was not supported by competent, material and substantial

24-4  evidence on the whole record and based upon the factors set forth

24-5  in section 39 of this act.

24-6      2.  If a party seeks judicial review pursuant to this section, the

24-7  district court may stay the contested portion of the decision of the

24-8  arbitrator until the court rules on the matter.

24-9      3.  The district court may affirm or reverse the contested

24-10  portion of the decision of the arbitrator, in whole or in part, but

24-11  the court may not remand the matter to the arbitrator or require

24-12  any additional fact-finding or decision making by the arbitrator.

24-13     4.  If the district court reverses any part of the contested

24-14  portion of the decision of the arbitrator, the court shall enter an

24-15  order invalidating that part of the decision of the arbitrator, and

24-16  that part of the decision of the arbitrator is void and must not be

24-17  given effect.

24-18     5.  A party may not seek judicial review of the decision of the

24-19  arbitrator pursuant to this section:

24-20     (a) In the same even-numbered year in which the decision of

24-21  the arbitrator was made; and

24-22     (b) In the following odd-numbered year, before July 1.

24-23     Sec. 51.  NRS 288.020 is hereby amended to read as follows:

24-24     288.020  As used in this chapter, unless the context otherwise

24-25  requires, the words and terms defined in NRS [288.025 to 288.075,]

24-26  288.030 to 288.070, inclusive, and sections 3.1 and 3.15 of this act

24-27  have the meanings ascribed to them in those sections.

24-28     Sec. 51.2.  NRS 288.030 is hereby amended to read as follows:

24-29     288.030  “Board” means the [Local Government] Public

24-30  Employee-Management Relations Board.

24-31     Sec. 51.4. NRS 288.040 is hereby amended to read as follows:

24-32     288.040  “Employee organization” means an organization [of

24-33  any kind having as one of its purposes improvement of the terms

24-34  and conditions of employment of local government] that is created,

24-35  maintained and operated to represent employees concerning the

24-36  terms and conditions of employment for those employees.

24-37     Sec. 51.6. NRS 288.080 is hereby amended to read as follows:

24-38     288.080  1.  The [Local Government] Public Employee-

24-39  Management Relations Board is hereby created, consisting of [three

24-40  members,] :

24-41     (a) Three members appointed by the Governor;

24-42     (b) One member appointed by the Majority Leader of the

24-43  Senate; and

24-44     (c) One member appointed by the Speaker of the Assembly.

25-1      2.  The members of the Board must be broadly representative

25-2  of the public and not closely allied with any employee organization

25-3  or local government employer [, not] or with the Executive

25-4  Department. No more than [two of whom] three members of the

25-5  Board may be members of the same political party.

25-6      3.  The term of office of each member is 4 years.

25-7      [2.  The Governor shall appoint the members of the Board.]

25-8      Sec. 51.8. NRS 288.090 is hereby amended to read as follows:

25-9      288.090  1.  The members of the Board shall annually elect

25-10  one of their number as Chairman and one as Vice Chairman. Any

25-11  [two] three members of the Board constitute a quorum.

25-12     2.  The Board may, within the limits of legislative

25-13  appropriations:

25-14     (a) Appoint a Commissioner and a Secretary, who [shall be] are

25-15  in the unclassified service of the State; and

25-16     (b) Employ such additional clerical personnel as may be

25-17  necessary, who [shall be] are in the classified service of the State.

25-18     Sec. 52.  NRS 288.110 is hereby amended to read as follows:

25-19     288.110  1.  The Board may [make rules governing:

25-20     (a) Proceedings before it;

25-21     (b) Procedures for fact-finding;

25-22     (c) The recognition of employee organizations; and

25-23     (d) The determination of bargaining units.] adopt:

25-24     (a) Regulations governing proceedings before the Board;

25-25     (b) Regulations establishing procedures for fact-finding; and

25-26     (c) Such other regulations as are necessary for the Board to

25-27  carry out its duties pursuant to this chapter.

25-28     2.  The Board may hear and determine any complaint arising

25-29  out of the interpretation of, or performance under, the provisions of

25-30  this chapter by any [local government employer, local government

25-31  employee or employee organization.] aggrieved person or

25-32  governmental entity. The Board shall conduct a hearing within 90

25-33  days after it decides to hear a complaint. The Board, after a hearing,

25-34  if it finds that the complaint is well taken, may order any person to

25-35  refrain from the action complained of or to restore to the party

25-36  aggrieved any benefit of which he has been deprived by that action.

25-37  The Board shall issue its decision within 120 days after the hearing

25-38  on the complaint is completed.

25-39     3.  Any party aggrieved by the failure of any person to obey an

25-40  order of the Board issued pursuant to subsection 2, or the Board at

25-41  the request of such a party, may apply to a court of competent

25-42  jurisdiction for a prohibitory or mandatory injunction to enforce the

25-43  order.

26-1      4.  The Board may not consider any complaint or appeal filed

26-2  more than 6 months after the occurrence which is the subject of the

26-3  complaint or appeal.

26-4      5.  The Board may decide without a hearing a contested matter:

26-5      (a) In which all of the legal issues have been previously decided

26-6  by the Board, if it adopts its previous decision or decisions as

26-7  precedent; or

26-8      (b) Upon agreement of all the parties.

26-9      6.  The Board may award reasonable costs, which may include

26-10  attorneys’ fees, to the prevailing party.

26-11     Sec. 53.  (Deleted by amendment.)

26-12     Sec. 54.  NRS 288.140 is hereby amended to read as follows:

26-13     288.140  1.  It is the right of every local government

26-14  employee, subject to the limitation provided in subsection 3, to join

26-15  any employee organization of his choice or to refrain from joining

26-16  any employee organization. A local government employer shall not

26-17  discriminate in any way among its employees on account of

26-18  membership or nonmembership in an employee organization.

26-19     2.  The recognition of an employee organization for negotiation,

26-20  pursuant to [this chapter,] NRS 288.140 to 288.280, inclusive, and

26-21  sections 3.5 to 3.9, inclusive, of this act, does not preclude any local

26-22  government employee who is not a member of that employee

26-23  organization from acting for himself with respect to any condition of

26-24  his employment, but any action taken on a request or in adjustment

26-25  of a grievance [shall] must be consistent with the terms of an

26-26  applicable negotiated agreement, if any.

26-27     3.  A police officer, sheriff, deputy sheriff or other law

26-28  enforcement officer may be a member of an employee organization

26-29  only if [such] the employee organization is composed exclusively of

26-30  law enforcement officers.

26-31     Sec. 55.  NRS 288.150 is hereby amended to read as follows:

26-32     288.150  1.  Except as otherwise provided in subsection 4,

26-33  every local government employer shall negotiate in good faith

26-34  through one or more representatives of its own choosing concerning

26-35  the mandatory subjects of bargaining set forth in subsection 2 with

26-36  the designated representatives of the recognized employee

26-37  organization, if any, for each appropriate bargaining unit among its

26-38  employees. If either party so requests, agreements reached must be

26-39  reduced to writing.

26-40     2.  The scope of mandatory bargaining is limited to:

26-41     (a) Salary or wage rates or other forms of direct monetary

26-42  compensation.

26-43     (b) Sick leave.

26-44     (c) Vacation leave.

26-45     (d) Holidays.

27-1      (e) Other paid or nonpaid leaves of absence.

27-2      (f) Insurance benefits.

27-3      (g) Total hours of work required of an employee on each

27-4  workday or workweek.

27-5      (h) Total number of days’ work required of an employee in a

27-6  work year.

27-7      (i) Discharge and disciplinary procedures.

27-8      (j) Recognition clause.

27-9      (k) The method used to classify employees in the bargaining

27-10  unit.

27-11     (l) Deduction of dues for the recognized employee organization.

27-12     (m) Protection of employees in the bargaining unit from

27-13  discrimination because of participation in recognized employee

27-14  organizations consistent with the provisions of [this chapter.] NRS

27-15  288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of

27-16  this act.

27-17     (n) No-strike provisions consistent with the provisions of [this

27-18  chapter.] sections 3.3 to 3.45, inclusive, of this act.

27-19     (o) Grievance and arbitration procedures for resolution of

27-20  disputes relating to interpretation or application of collective

27-21  bargaining agreements.

27-22     (p) General savings clauses.

27-23     (q) Duration of collective bargaining agreements.

27-24     (r) Safety of the employee.

27-25     (s) Teacher preparation time.

27-26     (t) Materials and supplies for classrooms.

27-27     (u) The policies for the transfer and reassignment of teachers.

27-28     (v) Procedures for reduction in workforce.

27-29     3.  Those subject matters which are not within the scope of

27-30  mandatory bargaining and which are reserved to the local

27-31  government employer without negotiation include:

27-32     (a) Except as otherwise provided in paragraph (u) of subsection

27-33  2, the right to hire, direct, assign or transfer an employee, but

27-34  excluding the right to assign or transfer an employee as a form of

27-35  discipline.

27-36     (b) The right to reduce in force or lay off any employee because

27-37  of lack of work or lack of money, subject to paragraph (v) of

27-38  subsection 2.

27-39     (c) The right to determine:

27-40         (1) Appropriate staffing levels and work performance

27-41  standards, except for safety considerations;

27-42         (2) The content of the workday, including , without

27-43  limitation , workload factors, except for safety considerations;

27-44         (3) The quality and quantity of services to be offered to the

27-45  public; and

28-1          (4) The means and methods of offering those services.

28-2      (d) Safety of the public.

28-3      4.  Notwithstanding the provisions of any collective bargaining

28-4  agreement negotiated pursuant to [this chapter,] NRS 288.140 to

28-5  288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act, a

28-6  local government employer is entitled to take whatever actions may

28-7  be necessary to carry out its responsibilities in situations of

28-8  emergency such as a riot, military action, natural disaster or civil

28-9  disorder. Those actions may include the suspension of any collective

28-10  bargaining agreement for the duration of the emergency. Any action

28-11  taken under the provisions of this subsection must not be construed

28-12  as a failure to negotiate in good faith.

28-13     5.  The provisions of [this chapter,] NRS 288.140 to 288.280,

28-14  inclusive, and sections 3.5 to 3.9, inclusive, of this act, including ,

28-15  without limitation , the provisions of this section, recognize and

28-16  declare the ultimate right and responsibility of the local government

28-17  employer to manage its operation in the most efficient manner

28-18  consistent with the best interests of all its citizens, its taxpayers and

28-19  its employees.

28-20     6.  This section does not preclude, but [this chapter does] NRS

28-21  288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of

28-22  this act do not require , the local government employer to negotiate

28-23  subject matters enumerated in subsection 3 which are outside the

28-24  scope of mandatory bargaining. The local government employer

28-25  shall discuss subject matters outside the scope of mandatory

28-26  bargaining , but it is not required to negotiate those matters.

28-27     7.  Contract provisions presently existing in signed and ratified

28-28  agreements as of May 15, 1975, at 12 p.m. remain negotiable.

28-29     Sec. 56.  NRS 288.155 is hereby amended to read as follows:

28-30     288.155  Agreements entered into between local government

28-31  employers and employee organizations pursuant to [this chapter]

28-32  NRS 288.140 to 288.280, inclusive, and sections 3.5 to 3.9,

28-33  inclusive, of this act may extend beyond the term of office of any

28-34  member or officer of the local government employer.

28-35     Sec. 56.3.  NRS 288.160 is hereby amended to read as follows:

28-36     288.160  1.  An employee organization may apply to a local

28-37  government employer for recognition by presenting:

28-38     (a) A copy of its constitution and bylaws, if any;

28-39     (b) A roster of its officers, if any, and representatives; and

28-40     (c) A pledge in writing not to strike against the local

28-41  government employer under any circumstances.

28-42  A local government employer shall not recognize as representative

28-43  of its employees any employee organization which has not adopted,

28-44  in a manner valid under its own rules, the pledge required by

28-45  paragraph (c).

29-1      2.  If an employee organization, at or after the time of its

29-2  application for recognition, presents a verified membership list

29-3  showing that it represents a majority of the employees in a

29-4  bargaining unit, and if the employee organization is recognized by

29-5  the local government employer, it [shall be] is the exclusive

29-6  bargaining agent of the local government employees in that

29-7  bargaining unit.

29-8      3.  A local government employer may withdraw recognition

29-9  from an employee organization which:

29-10     (a) Fails to present a copy of each change in its constitution or

29-11  bylaws, if any, or to give notice of any change in the roster of its

29-12  officers, if any, and representatives;

29-13     (b) Disavows its pledge not to strike against the local

29-14  government employer under any circumstances;

29-15     (c) Ceases to be supported by a majority of the local government

29-16  employees in the bargaining unit for which it is recognized; or

29-17     (d) Fails to negotiate in good faith with the local government

29-18  employer,

29-19  if it first receives the written permission of the Board.

29-20     4.  If the Board in good faith doubts whether any employee

29-21  organization is supported by a majority of the local government

29-22  employees in a particular bargaining unit, it may conduct an election

29-23  by secret ballot upon the question. Subject to judicial review, the

29-24  decision of the Board is binding upon the local government

29-25  employer and all employee organizations involved.

29-26     5.  The parties may agree in writing, without appealing to the

29-27  Board, to hold a representative election to determine whether an

29-28  employee organization represents the majority of the local

29-29  government employees in a bargaining unit. Participation by the

29-30  Board and its staff in an agreed election is subject to the approval of

29-31  the Board.

29-32     6.  As used in this section, “bargaining agent” means an

29-33  employee organization recognized by the local government

29-34  employer as the exclusive representative of all local government

29-35  employees in the bargaining unit for purposes of collective

29-36  bargaining.

29-37     Sec. 56.7. NRS 288.170 is hereby amended to read as follows:

29-38     288.170  1.  Each local government employer which has

29-39  recognized one or more employee organizations shall determine,

29-40  after consultation with the recognized organization or organizations,

29-41  which group or groups of its employees constitute an appropriate

29-42  unit or units for negotiating. The primary criterion for that

29-43  determination must be the community of interest among the

29-44  employees concerned.

30-1      2.  A principal, assistant principal or other school administrator

30-2  below the rank of superintendent, associate superintendent or

30-3  assistant superintendent [shall] must not be a member of the same

30-4  bargaining unit with public school teachers unless the school district

30-5  employs fewer than five principals but may join with other officials

30-6  of the same specified ranks to negotiate as a separate bargaining

30-7  unit.

30-8      3.  A head of a department of a local government, an

30-9  administrative employee or a supervisory employee [shall] must not

30-10  be a member of the same bargaining unit as the employees under his

30-11  direction. Any dispute between the parties as to whether an

30-12  employee is a supervisor must be submitted to the Board. An

30-13  employee organization which is negotiating on behalf of two or

30-14  more bargaining units consisting of firemen or police officers, as

30-15  defined in NRS 288.215, may select members of the units to

30-16  negotiate jointly on behalf of each other, even if one of the units

30-17  consists of supervisory employees and the other unit does not.

30-18     4.  Confidential employees of the local government employer

30-19  must be excluded from any bargaining unit but are entitled to

30-20  participate in any plan to provide benefits for a group that is

30-21  administered by the bargaining unit of which they would otherwise

30-22  be a member.

30-23     5.  If any employee organization is aggrieved by the

30-24  determination of a bargaining unit, it may appeal to the Board.

30-25  Subject to judicial review, the decision of the Board is binding upon

30-26  the local government employer and employee organizations

30-27  involved. The Board shall apply the same criterion as specified in

30-28  subsection 1.

30-29     6.  As used in this section [, “confidential] :

30-30     (a) “Administrative employee” means any employee whose

30-31  primary duties consist of work directly related to management

30-32  policies, who customarily exercises discretion and independent

30-33  judgment and regularly assists an executive. The term includes the

30-34  chief administrative officer, his deputy and immediate assistants,

30-35  department heads, their deputies and immediate assistants,

30-36  attorneys, appointed officials and others who are primarily

30-37  responsible for formulating and administering management policy

30-38  and programs.

30-39     (b) “Confidential employee” means an employee who is

30-40  involved in the decisions of management affecting collective

30-41  bargaining.

30-42     (c) “Supervisory employee” means any person having

30-43  authority in the interest of the employer to hire, transfer, suspend,

30-44  lay off, recall, promote, discharge, assign, reward or discipline

30-45  other employees or responsibility to direct them, to adjust their

31-1  grievances or effectively to recommend such action, if in

31-2  connection with the foregoing, the exercise of such authority is

31-3  not of a merely routine or clerical nature, but requires the use of

31-4  independent judgment. The exercise of such authority shall not be

31-5  deemed to place the employee in supervisory employee status

31-6  unless the exercise of such authority occupies a significant portion

31-7  of the employee’s workday. Nothing in this paragraph may be

31-8  construed to mean that an employee who has been given

31-9  incidental administrative duties is classified as a supervisory

31-10  employee.

31-11     Sec. 57.  NRS 288.180 is hereby amended to read as follows:

31-12     288.180  1.  Whenever an employee organization desires to

31-13  negotiate concerning any matter which is subject to negotiation

31-14  pursuant to [this chapter,] NRS 288.140 to 288.280, inclusive, and

31-15  sections 3.5 to 3.9, inclusive, of this act, it shall give written notice

31-16  of that desire to the local government employer. If the subject of

31-17  negotiation requires the budgeting of money by the local

31-18  government employer, the employee organization shall give notice

31-19  on or before February 1.

31-20     2.  Following the notification provided for in subsection 1, the

31-21  employee organization or the local government employer may

31-22  request reasonable information concerning any subject matter

31-23  included in the scope of mandatory bargaining which it deems

31-24  necessary for and relevant to the negotiations. The information

31-25  requested must be furnished without unnecessary delay. The

31-26  information must be accurate, and must be presented in a form

31-27  responsive to the request and in the format in which the records

31-28  containing it are ordinarily kept. If the employee organization

31-29  requests financial information concerning a metropolitan police

31-30  department, the local government employers which form that

31-31  department shall furnish the information to the employee

31-32  organization.

31-33     3.  The parties shall promptly commence negotiations. As the

31-34  first step, the parties shall discuss the procedures to be followed if

31-35  they are unable to agree on one or more issues.

31-36     4.  This section does not preclude, but [this chapter does] NRS

31-37  288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of

31-38  this act do not require, informal discussion between an employee

31-39  organization and a local government employer of any matter which

31-40  is not subject to negotiation or contract [under this chapter.]

31-41  pursuant to NRS 288.140 to 288.280, inclusive, and sections 3.5 to

31-42  3.9, inclusive, of this act. Any such informal discussion is exempt

31-43  from all requirements of notice or time schedule.

 

 

32-1      Sec. 58.  NRS 288.210 is hereby amended to read as follows:

32-2      288.210  1.  For the purpose of investigating disputes, the fact

32-3  finder may issue subpoenas requiring the attendance of witnesses

32-4  before him, together with all books, memoranda, papers and other

32-5  documents relative to the matters under investigation, administer

32-6  oaths and take testimony thereunder.

32-7      2.  The district court in and for the county in which any

32-8  investigation is being conducted by a fact finder may compel the

32-9  attendance of witnesses, the giving of testimony and the production

32-10  of books and papers as required by any subpoena issued by the fact

32-11  finder.

32-12     3.  In case of the refusal of any witness to attend or testify or

32-13  produce any papers required by such a subpoena, the fact finder

32-14  may report to the district court in and for the county in which the

32-15  investigation is pending by petition, setting forth:

32-16     (a) That due notice has been given of the time and place of

32-17  attendance of the witness or the production of the books and papers;

32-18     (b) That the witness has been subpoenaed in the manner

32-19  prescribed in [this chapter;] NRS 288.140 to 288.280, inclusive, and

32-20  sections 3.5 to 3.9, inclusive, of this act;

32-21     (c) That the witness has failed and refused to attend or produce

32-22  the papers required by subpoena before the fact finder in the

32-23  investigation named in the subpoena, or has refused to answer

32-24  questions propounded to him in the course of [such] the

32-25  investigation,

32-26  and asking an order of the court compelling the witness to attend

32-27  and testify or produce the books or papers before the fact finder.

32-28     4.  The court, upon petition of the fact finder, shall enter an

32-29  order directing the witness to appear before the court at a time and

32-30  place to be fixed by the court in [such] the order, the time to be not

32-31  more than 10 days [from] after the date of the order, and then and

32-32  there show cause why he has not attended or testified or produced

32-33  the books or papers before the fact finder. A certified copy of the

32-34  order [shall] must be served upon the witness. If it appears to

32-35  the court that the subpoena was regularly issued by the fact finder,

32-36  the court shall thereupon enter an order that the witness appear

32-37  before the fact finder at the time and place fixed in the order and

32-38  testify or produce the required books or papers, and upon failure to

32-39  obey the order , the witness [shall] must be dealt with as for

32-40  contempt of court.

32-41     Sec. 59.  NRS 288.220 is hereby amended to read as follows:

32-42     288.220  The following proceedings, required by or pursuant to

32-43  [this chapter,] NRS 288.140 to 288.280, inclusive, and sections 3.5

32-44  to 3.9, inclusive, of this act are not subject to any provision of NRS

32-45  which requires a meeting to be open or public:

33-1      1.  Any negotiation or informal discussion between a local

33-2  government employer and an employee organization or employees

33-3  as [individuals,] natural persons, whether conducted by the

33-4  governing body or through a representative or representatives.

33-5      2.  Any meeting of a mediator with either party or both parties

33-6  to a negotiation.

33-7      3.  Any meeting or investigation conducted by a fact finder.

33-8      4.  Any meeting of the governing body of a local government

33-9  employer with its management representative or representatives.

33-10     5.  Deliberations of the Board toward a decision on a complaint,

33-11  appeal or petition for declaratory relief.

33-12     Sec. 60.  NRS 288.270 is hereby amended to read as follows:

33-13     288.270  1.  It is a prohibited practice for a local government

33-14  employer or its designated representative willfully to:

33-15     (a) Interfere, restrain or coerce any employee in the exercise of

33-16  any right guaranteed [under this chapter.] pursuant to NRS 288.140

33-17  to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.

33-18     (b) Dominate, interfere or assist in the formation or

33-19  administration of any employee organization.

33-20     (c) Discriminate in regard to hiring, tenure or any term or

33-21  condition of employment to encourage or discourage membership in

33-22  any employee organization.

33-23     (d) Discharge or otherwise discriminate against any employee

33-24  because he has signed or filed an affidavit, petition or complaint or

33-25  given any information or testimony [under this chapter,] pursuant to

33-26  NRS 288.140 to 288.280, inclusive, and sections 3.5 to 3.9,

33-27  inclusive, of this act or because he has formed, joined or chosen to

33-28  be represented by any employee organization.

33-29     (e) Refuse to bargain collectively in good faith with the

33-30  exclusive representative as required in NRS 288.150. Bargaining

33-31  collectively includes the entire bargaining process, including

33-32  mediation and fact-finding, provided for in [this chapter.] NRS

33-33  288.140 to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of

33-34  this act.

33-35     (f) Discriminate because of race, color, religion, sex, sexual

33-36  orientation, age, [physical or visual handicap,] disability or national

33-37  origin , or because of political or personal reasons or affiliations.

33-38     (g) Fail to provide the information required by NRS 288.180.

33-39     2.  It is a prohibited practice for a local government employee

33-40  or for an employee organization or its designated agent willfully to:

33-41     (a) Interfere with, restrain or coerce any employee in the

33-42  exercise of any right guaranteed [under this chapter.] pursuant to

33-43  NRS 288.140 to 288.280, inclusive, and sections 3.5 to 3.9,

33-44  inclusive, of this act.

34-1      (b) Refuse to bargain collectively in good faith with the local

34-2  government employer, if it is an exclusive representative, as

34-3  required in NRS 288.150. Bargaining collectively includes the entire

34-4  bargaining process, including mediation and fact-finding, provided

34-5  for in [this chapter.] NRS 288.140 to 288.280, inclusive, and

34-6  sections 3.5 to 3.9, inclusive, of this act.

34-7      (c) Discriminate because of race, color, religion, sex, sexual

34-8  orientation, age, [physical or visual handicap,] disability or national

34-9  origin , or because of political or personal reasons or affiliations.

34-10     (d) Fail to provide the information required by NRS 288.180.

34-11     Sec. 61.  NRS 62.1266 is hereby amended to read as follows:

34-12     62.1266  1.  The board of county commissioners may provide

34-13  for the appointment of one or more probation officers and assistant

34-14  probation officers and such other employees as may be necessary to

34-15  carry out the duties of the department.

34-16     2.  Probation officers, assistant probation officers and other

34-17  employees authorized pursuant to this section are employees of the

34-18  county, subject to the provisions of the merit personnel system

34-19  unless exempt pursuant to NRS 245.216, and are local government

34-20  employees for the purposes of [chapter 288 of NRS.] NRS 288.140

34-21  to 288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.

34-22  Probation officers, assistant probation officers and other employees

34-23  hired before the effective date of the ordinance establishing the

34-24  department may be dismissed only for cause.

34-25     3.  All information obtained in the discharge of duty by a

34-26  probation officer, assistant probation officer or other employee of

34-27  the department is privileged and must not be disclosed to any person

34-28  other than the director of the department, the judges and the

34-29  employees of the judicial district, such officers, employees and

34-30  agents of the district court as the judges of the judicial district direct

34-31  and other persons entitled pursuant to this chapter to receive that

34-32  information, unless otherwise authorized by the director of the

34-33  department.

34-34     Sec. 62.  NRS 245.210 is hereby amended to read as follows:

34-35     245.210  1.  The board of county commissioners of each of the

34-36  several counties shall, by ordinance or agreement pursuant to

34-37  [chapter 288 of NRS,] NRS 288.140 to 288.280, inclusive, and

34-38  sections 3.5 to 3.9, inclusive, of this act, provide for annual, sick

34-39  and disability leave for elected and appointed county officers and

34-40  county employees. The provisions of such an ordinance or

34-41  agreement may be more restrictive but not more extensive than the

34-42  provisions set forth in this section.

34-43     2.  The ordinance or agreement must include provisions in

34-44  substance as follows:

35-1      (a) A provision that all elected and appointed officers and

35-2  employees are entitled to annual leave with pay of 1 1/4 working

35-3  days for each month of service, which may be cumulative from year

35-4  to year not to exceed 30 working days.

35-5      (b) A provision that the board of county commissioners may by

35-6  order provide for additional annual leave for long-term appointed

35-7  officers and employees and for prorated annual leave for part-time

35-8  employees.

35-9      (c) A provision that if an appointed officer or employee dies and

35-10  was entitled to accumulated annual leave under the provisions of the

35-11  ordinance, the heirs of the deceased officer or employee who are

35-12  given priority to succeed to his assets under the laws of intestate

35-13  succession of this state, or the executor or administrator of his

35-14  estate, upon submitting satisfactory proof to the board of county

35-15  commissioners of their entitlement, are entitled to be paid an amount

35-16  of money equal to the number of days earned or accrued annual

35-17  leave multiplied by the daily salary or wages of the deceased officer

35-18  or employee.

35-19     (d) A provision that an elected county officer must not be paid

35-20  for accumulated annual leave upon termination of his service.

35-21     (e) A provision that during the first 6 months of employment of

35-22  any appointed officer or employee, annual leave accrues as provided

35-23  in paragraph (a), but annual leave must not be taken during this

35-24  period.

35-25     (f) A provision that an appointed officer or employee must not

35-26  be paid for accumulated annual leave upon termination of

35-27  employment unless he has been employed for 6 months or more.

35-28     (g) A provision that all elected and appointed officers and

35-29  employees are entitled to sick and disability leave with pay of 1 1/4

35-30  working days for each month of service, which may be cumulative

35-31  from year to year.

35-32     (h) A provision that the board of county commissioners may by

35-33  order provide for additional sick and disability leave for long-term

35-34  employees and for prorated sick and disability leave for part-time

35-35  employees.

35-36     (i) A provision that any appointed officer or employee may be

35-37  granted a leave of absence without pay.

35-38     3.  Such an ordinance or agreement may include a provision

35-39  that upon termination of employment, retirement or death , all

35-40  elected and appointed officers and employees are entitled to

35-41  payment for their unused sick leave at their rate of salary at the time

35-42  of termination, retirement or death.

35-43     4.  Such an ordinance or agreement may include a provision

35-44  that elected and appointed county officers and employees may

35-45  donate portions of their accumulated annual and sick leave to other

36-1  elected and appointed county officers and employees. If such a

36-2  provision is adopted, donated time must be converted into money at

36-3  the hourly rate of salary of the donor and the money must be

36-4  converted into sick leave at the hourly rate of salary of the recipient.

36-5      Sec. 63.  NRS 245.211 is hereby amended to read as follows:

36-6      245.211  1.  The board of county commissioners of any county

36-7  may establish, by contract or otherwise, and administer a disability

36-8  pension plan or disability insurance program for the benefit of the

36-9  county sheriff, any sheriff’s deputy or fireman who is disabled, to

36-10  any degree, by an injury arising out of and in the course of his

36-11  employment.

36-12     2.  The board of county commissioners may adopt ordinances,

36-13  rules, regulations, policies and procedures necessary to establish and

36-14  administer the plan or program specified in subsection 1.

36-15     3.  If a county elects to consider implementation of a plan or

36-16  program specified in subsection 1, or to change the benefits

36-17  provided by an existing plan or program, the persons affected by the

36-18  proposed plan or program, or proposed change, may negotiate with

36-19  the county concerning the nature and extent of [such] the proposed

36-20  plan, program or change. [Chapter 288 of NRS applies] The

36-21  provisions of NRS 288.140 to 288.280, inclusive, and sections 3.5

36-22  to 3.9, inclusive, of this act apply to negotiations for this purpose.

36-23     4.  The plan or program authorized by this section must be

36-24  supplemental or in addition to and not in conflict with the coverage,

36-25  compensation, benefits or procedure established by or adopted

36-26  pursuant to chapters 616A to 616D, inclusive, or chapter 617 of

36-27  NRS.

36-28     5.  The benefits provided for in this section are supplemental to

36-29  other benefits an employee is entitled to receive on account of the

36-30  same disability. In no event [shall] may the benefits provided for in

36-31  this section, when added to benefits provided for or purchased by

36-32  the expenditure of public money, exceed the maximum amount of

36-33  benefits an employee is entitled to receive if he has been a member

36-34  of the department or agency for 10 years or more.

36-35     Sec. 64.  NRS 245.215 is hereby amended to read as follows:

36-36     245.215  1.  The board of county commissioners shall adopt

36-37  regulations for any merit personnel system established pursuant to

36-38  the provisions of NRS 245.213 to 245.216, inclusive. The

36-39  regulations must provide:

36-40     (a) For the classification of all county positions, not exempt

36-41  from the merit personnel system, based on the duties, authority and

36-42  responsibility of each position, with adequate provision for

36-43  reclassification of any position whatsoever whenever warranted by

36-44  changed circumstances.

37-1      (b) A pay plan for all county employees, including exempt

37-2  employees other than elected officers that are covered in other

37-3  provisions of NRS or by special legislative act.

37-4      (c) Policies and procedures for regulating reduction in force and

37-5  the removal of employees.

37-6      (d) Hours of work, attendance regulations and provisions for

37-7  sick and vacation leave.

37-8      (e) Policies and procedures governing persons holding

37-9  temporary or provisional appointments.

37-10     (f) Policies and procedures governing relationships with

37-11  employees and employee organizations.

37-12     (g) Policies concerning employee training and development.

37-13     (h) Grievance procedures.

37-14     (i) Other policies and procedures necessary for the

37-15  administration of a merit personnel system.

37-16     2.  Regulations adopted pursuant to this section for a merit

37-17  personnel system established by a board of county commissioners

37-18  pursuant to subsection 2 of NRS 245.213 must not exempt any

37-19  employees other than those who are specifically exempted from

37-20  such a merit personnel system pursuant to NRS 245.216.

37-21     3.  In the event of a conflict between the policies and

37-22  procedures adopted pursuant to this section and the provisions of a

37-23  collective bargaining agreement entered into pursuant to [chapter

37-24  288 of NRS,] NRS 288.140 to 288.280, inclusive, and sections 3.5

37-25  to 3.9, inclusive, of this act, the provisions of the agreement prevail.

37-26     Sec. 65.  NRS 268.406 is hereby amended to read as follows:

37-27     268.406  1.  The governing board of any incorporated city may

37-28  establish, by contract or otherwise, and administer a disability

37-29  pension plan or disability insurance program for the benefit of any

37-30  city police officer or fireman who is disabled, to any degree, by an

37-31  injury arising out of and in the course of his employment.

37-32     2.  The governing board may adopt ordinances, rules,

37-33  regulations, policies and procedures necessary to establish and

37-34  administer the plan or program specified in subsection 1.

37-35     3.  If an incorporated city elects to consider implementation of a

37-36  plan or program specified in subsection 1 or to change the benefits

37-37  provided by an existing plan or program, the persons affected by the

37-38  proposed plan or program, or proposed change, may negotiate with

37-39  the city concerning the nature and extent of [such] the proposed

37-40  plan, program or change. [Chapter 288 of NRS applies] The

37-41  provisions of NRS 288.140 to 288.280, inclusive, and sections 3.5

37-42  to 3.9, inclusive, of this act apply to negotiations for this purpose.

37-43     4.  The plan or program authorized by this section must be

37-44  supplemental or in addition to and not in conflict with the coverage,

37-45  compensation, benefits or procedure established by or adopted

38-1  pursuant to chapters 616A to 616D, inclusive, or chapter 617 of

38-2  NRS.

38-3      5.  The benefits provided for in this section are supplemental to

38-4  other benefits an employee is entitled to receive on account of the

38-5  same disability. In no event [shall] may the benefits provided for in

38-6  this section, when added to benefits provided for or purchased by

38-7  the expenditure of public money, exceed the maximum amount of

38-8  benefits an employee is entitled to receive if he has been a member

38-9  of the department or agency for 10 years or more.

38-10     Sec. 66.  NRS 280.305 is hereby amended to read as follows:

38-11     280.305  1.  The committee may establish, by contract or

38-12  otherwise, and administer a disability pension plan or disability

38-13  insurance program for the benefit of any police officer of the

38-14  department who is disabled, to any degree, by an injury arising out

38-15  of and in the course of his employment. The cost of the plan or

38-16  program may be charged, in whole or in part, against the annual

38-17  operating budget for the department.

38-18     2.  The committee may adopt rules, policies and procedures

38-19  necessary to establish and administer the plan or program specified

38-20  in subsection 1.

38-21     3.  If the committee elects to consider implementation of a plan

38-22  or program specified in subsection 1, or to change the benefits

38-23  provided by an existing plan or program, the persons affected by the

38-24  proposed plan or program, or proposed change, may negotiate with:

38-25     (a) The committee or two or more persons designated by it; and

38-26     (b) The sheriff or a person designated by him,

38-27  concerning the nature and extent of the plan, program or change.

38-28  [Chapter 288 of NRS applies] The provisions of NRS 288.140 to

38-29  288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act

38-30  apply to negotiations for this purpose.

38-31     4.  The plan or program authorized by this section must be

38-32  supplemental or in addition to and not in conflict with the coverage,

38-33  compensation, benefits or procedure established by or adopted

38-34  pursuant to chapters 616A to 616D, inclusive, or chapter 617 of

38-35  NRS.

38-36     5.  The benefits provided for in this section are supplemental to

38-37  other benefits an employee is entitled to receive on account of the

38-38  same disability. In no event may the benefits provided for in this

38-39  section, when added to benefits provided for or purchased by the

38-40  expenditure of public money, exceed the maximum amount of

38-41  benefits an employee is entitled to receive if he has been a member

38-42  of the department or agency for 10 years or more.

38-43     Sec. 67.  NRS 280.320 is hereby amended to read as follows:

38-44     280.320  1.  A department is a local government employer for

38-45  the purpose of [the Local Government Employee-Management

39-1  Relations Act] NRS 288.140 to 288.280, inclusive, and sections 3.5

39-2  to 3.9, inclusive, of this act and a public employer for the purpose

39-3  of the Public Employees’ Retirement Act.

39-4      2.  In negotiations arising [under] pursuant to the provisions of

39-5  [chapter 288 of NRS:] NRS 288.140 to 288.280, inclusive, and

39-6  sections 3.5 to 3.9, inclusive, of this act:

39-7      (a) The committee or two or more persons designated by it; and

39-8      (b) The sheriff or a person designated by him,

39-9  shall represent the department.

39-10     3.  In negotiations arising [under] pursuant to the provisions of

39-11  [chapter 288 of NRS,] NRS 288.140 to 288.280, inclusive, and

39-12  sections 3.5 to 3.9, inclusive, of this act, a school police unit must

39-13  be considered a separate bargaining unit.

39-14     Sec. 68.  Chapter 344 of NRS is hereby amended by adding

39-15  thereto a new section to read as follows:

39-16     1.  The Superintendent may negotiate and make agreements

39-17  with any group or organization that represents compositors,

39-18  bindery operators, pressmen and assistants concerning the terms

39-19  and conditions of employment for those employees.

39-20     2.  As used in this section, “terms and conditions of

39-21  employment” has the meaning ascribed to it in section 17 of this

39-22  act.

39-23     Sec. 69.  NRS 344.080 is hereby amended to read as follows:

39-24     344.080  1.  The Superintendent shall employ such

39-25  compositors, assistant compositors, bindery operators, assistant

39-26  bindery operators, pressmen and assistant pressmen as the exigency

39-27  of the work from time to time requires, and he may at any time

39-28  discharge those employees. He shall not, at any time, employ more

39-29  compositors, assistant compositors, bindery operators, assistant

39-30  bindery operators, pressmen and assistant pressmen than the

39-31  necessities of the Division may require.

39-32     2.  [The] Except as otherwise provided in NRS 284.013 and

39-33  section 68 of this act, the compensation of the compositors,

39-34  assistant compositors, bindery operators, assistant bindery operators,

39-35  pressmen and assistant pressmen must be fixed by the Department

39-36  of Personnel, but these employees are not entitled to receive a

39-37  higher rate of wages than is recognized by the employing printers of

39-38  the State of Nevada or than the nature of the employment may

39-39  require.

39-40     3.  All employees of the Division other than compositors,

39-41  assistant compositors, bindery operators, assistant bindery operators,

39-42  pressmen and assistant pressmen must be in the classified service of

39-43  the State.

 

 

40-1      Sec. 70.  NRS 353.230 is hereby amended to read as follows:

40-2      353.230  1.  The Chief shall review the estimates, altering,

40-3  revising, increasing or decreasing the items of the estimates as he

40-4  may deem necessary in view of the needs of the various

40-5  departments, institutions and agencies in the Executive Department

40-6  of the State Government and the total anticipated income of the

40-7  State Government and of the various departments, institutions and

40-8  agencies of the Executive Department during the next fiscal year. In

40-9  performing the duties required by this subsection, the Chief shall use

40-10  the projections and estimates prepared by the Economic Forum

40-11  pursuant to NRS 353.228.

40-12     2.  The Chief shall meet with a fiscal analyst of the Legislative

40-13  Counsel Bureau or his designated representative and personnel of

40-14  the various departments, institutions and agencies of the Executive

40-15  Department to discuss:

40-16     (a) The budgetary requests of each department, institution and

40-17  agency; and

40-18     (b) The budgetary recommendations of the budget division for

40-19  each department, institution and agency,

40-20  for the next 2 fiscal years. The Chief shall allow the fiscal analyst of

40-21  the Legislative Counsel Bureau or his designated representative full

40-22  access to all materials connected with the review.

40-23     3.  The Chief shall then prepare a final version of the proposed

40-24  budget, in accordance with section 41 of this act and NRS 353.150

40-25  to 353.246, inclusive, and shall deliver it to the Governor. The final

40-26  version of the proposed budget must include any requests for

40-27  appropriations that are required pursuant to section 41 of this act

40-28  and the adjusted base budget for each department, institution and

40-29  agency of the Executive Department, the costs for continuing each

40-30  program at the current level of service and the costs, if any, for new

40-31  programs, recommended enhancements of existing programs or

40-32  reductions for the departments, institutions and agencies of the

40-33  Executive Department for the next 2 fiscal years. All projections of

40-34  revenue and any other information concerning future state revenue

40-35  contained in the proposed budget must be based upon the

40-36  projections and estimates prepared by the Economic Forum pursuant

40-37  to NRS 353.228.

40-38     4.  The Governor shall include in the proposed budget any

40-39  requests for appropriations that are required pursuant to section

40-40  41 of this act and shall, not later than 14 calendar days before the

40-41  commencement of the regular legislative session, submit the

40-42  proposed budget to the Director of the Legislative Counsel Bureau

40-43  for transmittal to the Legislature. The Governor shall simultaneously

40-44  submit, as a separate document:

41-1      (a) An analysis of any new programs or enhancements of

41-2  existing programs being recommended; and

41-3      (b) Any increase in or new revenues which are being

41-4  recommended in the proposed budget.

41-5  The document must specify the total cost by department, institution

41-6  or agency of new programs or enhancements, but need not itemize

41-7  the specific costs. All projections of revenue and any other

41-8  information concerning future state revenue contained in the

41-9  document must be based upon the projections and estimates

41-10  prepared by the Economic Forum pursuant to NRS 353.228.

41-11     5.  On or before the 19th calendar day of the regular legislative

41-12  session, the Governor shall submit to the Legislative Counsel

41-13  recommendations for each legislative measure which will be

41-14  necessary to carry out the final version of the proposed budget or to

41-15  carry out the Governor’s legislative agenda. These

41-16  recommendations must contain sufficient detailed information to

41-17  enable the Legislative Counsel to prepare the necessary legislative

41-18  measures.

41-19     6.  During the consideration of the general appropriation bill

41-20  and any special appropriation bills and bills authorizing budgeted

41-21  expenditures by the departments, institutions and agencies operating

41-22  on money designated for specific purposes by the Constitution or

41-23  otherwise, drafted at the request of the Legislature upon the

41-24  recommendations submitted by the Governor with the proposed

41-25  budget, the Governor or his representative [have] has the right to

41-26  appear before and be heard by the appropriation committees of the

41-27  Legislature in connection with the appropriation bill or bills, and to

41-28  render any testimony, explanation or assistance required of him.

41-29     Sec. 70.5.  NRS 354.624 is hereby amended to read as follows:

41-30     354.624  1.  Each local government shall provide for an annual

41-31  audit of all of its financial statements. A local government may

41-32  provide for more frequent audits as it deems necessary. Except as

41-33  otherwise provided in subsection 2, each annual audit must be

41-34  concluded and the report of the audit submitted to the governing

41-35  body as provided in subsection 6 not later than 5 months after the

41-36  close of the fiscal year for which the audit is conducted. An

41-37  extension of this time may be granted by the Department of

41-38  Taxation to any local government that submits an application for an

41-39  extension to the Department. If the local government fails to provide

41-40  for an audit in accordance with the provisions of this section, the

41-41  Department of Taxation shall cause the audit to be made at the

41-42  expense of the local government. All audits must be conducted by a

41-43  certified public accountant or by a partnership or professional

41-44  corporation that is registered pursuant to chapter 628 of NRS.

41-45     2.  The annual audit of a school district must:

42-1      (a) Be concluded and the report submitted to the board of

42-2  trustees as provided in subsection 6 not later than 4 months after the

42-3  close of the fiscal year for which the audit is conducted.

42-4      (b) If the school district has more than 150,000 pupils enrolled,

42-5  include an audit of the expenditure by the school district of public

42-6  money used:

42-7          (1) To design, construct or purchase new buildings for

42-8  schools or related facilities;

42-9          (2) To enlarge, remodel or renovate existing buildings for

42-10  schools or related facilities; and

42-11         (3) To acquire sites for building schools or related facilities,

42-12  or other real property for purposes related to schools.

42-13     3.  The governing body may, without requiring competitive

42-14  bids, designate the auditor or firm annually. The auditor or firm

42-15  must be designated and notification of the auditor or firm designated

42-16  must be sent to the Department of Taxation not later than 3 months

42-17  before the close of the fiscal year for which the audit is to be made.

42-18     4.  Each annual audit must cover the business of the local

42-19  government during the full fiscal year. It must be a financial audit

42-20  conducted in accordance with generally accepted auditing standards

42-21  in the United States, including, findings on compliance with statutes

42-22  and regulations and an expression of opinion on the financial

42-23  statements. The Department of Taxation shall prescribe the form of

42-24  the financial statements, and the chart of accounts must be as nearly

42-25  as possible the same as the chart that is used in the preparation and

42-26  publication of the annual budget. The report of the audit must

42-27  include:

42-28     (a) A schedule of all fees imposed by the local government

42-29  which were subject to the provisions of NRS 354.5989; and

42-30     (b) A comparison of the operations of the local government with

42-31  the approved budget, including a statement from the auditor that

42-32  indicates whether the governing body has taken action on the audit

42-33  report for the prior year.

42-34     5.  Each local government shall provide to its auditor:

42-35     (a) A statement indicating whether each of the following funds

42-36  established by the local government is being used expressly for the

42-37  purposes for which it was created, in the form required by

42-38  NRS 354.6241:

42-39         (1) An enterprise fund.

42-40         (2) An internal service fund.

42-41         (3) A fiduciary fund.

42-42         (4) A self-insurance fund.

42-43         (5) A fund whose balance is required by law to be:

43-1             (I) Used only for a specific purpose other than the

43-2  payment of compensation to a bargaining unit, as defined in [NRS

43-3  288.028;] section 3.6 of this act; or

43-4             (II) Carried forward to the succeeding fiscal year in any

43-5  designated amount.

43-6      (b) A list and description of any property conveyed to a

43-7  nonprofit organization pursuant to NRS 244.287 or 268.058.

43-8      6.  The opinion and findings of the auditor contained in the

43-9  report of the audit must be presented at a meeting of the governing

43-10  body held not more than 30 days after the report is submitted to it.

43-11  Immediately thereafter, the entire report, together with the

43-12  management letter required by generally accepted auditing standards

43-13  in the United States or by regulations adopted pursuant to NRS

43-14  354.594, must be filed as a public record with:

43-15     (a) The clerk or secretary of the governing body;

43-16     (b) The county clerk;

43-17     (c) The Department of Taxation; and

43-18     (d) In the case of a school district, the Department of Education.

43-19     7.  If an auditor finds evidence of fraud or dishonesty in the

43-20  financial statements of a local government, the auditor shall report

43-21  such evidence to the appropriate level of management in the local

43-22  government.

43-23     8.  The governing body shall act upon the recommendations of

43-24  the report of the audit within 3 months after receipt of the report,

43-25  unless prompter action is required concerning violations of law or

43-26  regulation, by setting forth in its minutes its intention to adopt the

43-27  recommendations, to adopt them with modifications or to reject

43-28  them for reasons shown in the minutes.

43-29     Sec. 71.  NRS 354.6241 is hereby amended to read as follows:

43-30     354.6241  1.  The statement required by paragraph (a) of

43-31  subsection 5 of NRS 354.624 must indicate for each fund set forth

43-32  in that paragraph:

43-33     (a) Whether the fund is being used in accordance with the

43-34  provisions of this chapter.

43-35     (b) Whether the fund is being administered in accordance with

43-36  generally accepted accounting procedures.

43-37     (c) Whether the reserve in the fund is limited to an amount that

43-38  is reasonable and necessary to carry out the purposes of the fund.

43-39     (d) The sources of revenues available for the fund during the

43-40  fiscal year, including transfers from any other funds.

43-41     (e) The statutory and regulatory requirements applicable to the

43-42  fund.

43-43     (f) The balance and retained earnings of the fund.

43-44     2.  Except as otherwise provided in NRS 354.59891, to the

43-45  extent that the reserve in any fund set forth in paragraph (a) of

44-1  subsection 5 of NRS 354.624 exceeds the amount that is reasonable

44-2  and necessary to carry out the purposes for which the fund was

44-3  created, the reserve may be expended by the local government

44-4  pursuant to the provisions of [chapter 288 of NRS.] NRS 288.140 to

44-5  288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act.

44-6      Sec. 72.  NRS 354.695 is hereby amended to read as follows:

44-7      354.695  1.  As soon as practicable after taking over the

44-8  management of a local government, the Department shall, with the

44-9  approval of the Committee:

44-10     (a) Establish and implement a management policy and a

44-11  financing plan for the local government;

44-12     (b) Provide for the appointment of a financial manager for the

44-13  local government who is qualified to manage the fiscal affairs of the

44-14  local government;

44-15     (c) Provide for the appointment of any other persons necessary to

44-16  enable the local government to provide the basic services for which

44-17  it was created in the most economical and efficient manner possible;

44-18     (d) Establish an accounting system and separate accounts in a

44-19  bank or credit union, if necessary, to receive and expend all money

44-20  and assets of the local government;

44-21     (e) Impose such hiring restrictions as deemed necessary after

44-22  considering the recommendations of the financial manager;

44-23     (f) Negotiate and approve all contracts entered into by or on

44-24  behalf of the local government before execution and enter into such

44-25  contracts on behalf of the local government as the Department deems

44-26  necessary;

44-27     (g) Negotiate and approve all collective bargaining contracts to

44-28  be entered into by the local government, except issues submitted to a

44-29  fact finder whose findings and recommendations are final and

44-30  binding pursuant to the provisions of [the Local Government

44-31  Employee-Management Relations Act;] NRS 288.140 to 288.280,

44-32  inclusive, and sections 3.5 to 3.9, inclusive, of this act;

44-33     (h) Approve all expenditures of money from any fund or account

44-34  and all transfers of money from one fund to another;

44-35     (i) Employ such technicians as are necessary for the

44-36  improvement of the financial condition of the local government;

44-37     (j) Meet with the creditors of the local government and formulate

44-38  a debt liquidation program;

44-39     (k) Approve the issuance of bonds or other forms of

44-40  indebtedness by the local government;

44-41     (l) Discharge any of the outstanding debts and obligations of the

44-42  local government; and

44-43     (m) Take any other actions necessary to ensure that the local

44-44  government provides the basic services for which it was created in

44-45  the most economical and efficient manner possible.

45-1      2.  The Department may provide for reimbursement from the

45-2  local government for the expenses the Department incurs in

45-3  managing the local government. If such reimbursement is not

45-4  possible, the Department may request an allocation by the Interim

45-5  Finance Committee from the Contingency Fund pursuant to NRS

45-6  353.266, 353.268 and 353.269.

45-7      3.  The governing body of a local government which is being

45-8  managed by the Department pursuant to this section may make

45-9  recommendations to the Department or the financial manager

45-10  concerning the management of the local government.

45-11     4.  Each state agency, board, department, commission,

45-12  committee or other entity of the State shall provide such technical

45-13  assistance concerning the management of the local government as is

45-14  requested by the Department.

45-15     5.  The Department may delegate any of the powers and duties

45-16  imposed by this section to the financial manager appointed pursuant

45-17  to paragraph (b) of subsection 1.

45-18     6.  Except as otherwise provided in NRS 354.723 and 450.760,

45-19  once the Department has taken over the management of a local

45-20  government pursuant to the provisions of subsection 1, that

45-21  management may only be terminated pursuant to NRS 354.725.

45-22     Sec. 73.  NRS 386.365 is hereby amended to read as follows:

45-23     386.365  1.  Except as otherwise provided in subsection 3,

45-24  each board of trustees in any county having a population of 100,000

45-25  or more shall give 15 days’ notice of its intention to adopt, repeal or

45-26  amend a policy or regulation of the board concerning any of the

45-27  subjects set forth in subsection 4. The notice must:

45-28     (a) Include a description of the subject or subjects involved and

45-29  must state the time and place of the meeting at which the matter will

45-30  be considered by the board; and

45-31     (b) Be mailed to the following persons from each of the schools

45-32  affected:

45-33         (1) The principal;

45-34         (2) The president of the parent-teacher association or similar

45-35  body; and

45-36         (3) The president of the classroom teachers’ organization or

45-37  other collective bargaining agent.

45-38  A copy of the notice and of the terms of each proposed policy or

45-39  regulation, or change in a policy or regulation, must be made

45-40  available for inspection by the public in the office of the

45-41  superintendent of schools of the school district at least 15 days

45-42  before its adoption.

45-43     2.  All persons interested in a proposed policy or regulation or

45-44  change in a policy or regulation must be afforded a reasonable

45-45  opportunity to submit data, views or arguments, orally or in writing.

46-1  The board of trustees shall consider all written and oral submissions

46-2  respecting the proposal or change before taking final action.

46-3      3.  Emergency policies or regulations may be adopted by the

46-4  board upon its own finding that an emergency exists.

46-5      4.  This section applies to policies and regulations concerning:

46-6      (a) Attendance rules;

46-7      (b) Zoning;

46-8      (c) Grading;

46-9      (d) District staffing patterns;

46-10     (e) Curriculum and program;

46-11     (f) Pupil discipline; and

46-12     (g) Personnel, except with respect to dismissals and refusals to

46-13  reemploy covered by contracts entered into [as a result of the Local

46-14  Government Employee-Management Relations Act,] pursuant to

46-15  the provisions of NRS 288.140 to 288.280, inclusive, and sections

46-16  3.5 to 3.9, inclusive, of this act, as provided in NRS 391.3116.

46-17     Sec. 74.  NRS 386.595 is hereby amended to read as follows:

46-18     386.595  1.  All employees of a charter school shall be deemed

46-19  public employees.

46-20     2.  Except as otherwise provided in this subsection, the

46-21  provisions of the collective bargaining agreement entered into by the

46-22  board of trustees of the school district in which the charter school is

46-23  located apply to the terms and conditions of employment of

46-24  employees of the charter school who are on a leave of absence from

46-25  the school district pursuant to subsection 5, including, without

46-26  limitation, any provisions relating to representation by the employee

46-27  organization that is a party to the collective bargaining agreement of

46-28  the school district in a grievance proceeding or other dispute arising

46-29  out of the agreement. The provisions of the collective bargaining

46-30  agreement apply to each employee for the first 3 years that he is on

46-31  a leave of absence from the school district. After the first 3 years

46-32  that the employee is on a leave of absence:

46-33     (a) If he is subsequently reassigned by the school district

46-34  pursuant to subsection 5, he is covered by the collective bargaining

46-35  agreement of the school district.

46-36     (b) If he continues his employment with the charter school, he is

46-37  covered by the collective bargaining agreement of the charter

46-38  school, if applicable.

46-39     3.  Except as otherwise provided in subsection 2, the governing

46-40  body of a charter school may make all employment decisions with

46-41  regard to its employees pursuant to NRS 391.311 to 391.3197,

46-42  inclusive, unless a collective bargaining agreement entered into by

46-43  the governing body pursuant to [chapter 288 of] NRS 288.140 to

46-44  288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act

47-1  contains separate provisions relating to the discipline of licensed

47-2  employees of a school.

47-3      4.  Except as otherwise provided in this subsection, if the

47-4  written charter of a charter school is revoked or if a charter school

47-5  ceases to operate as a charter school, the employees of the charter

47-6  school must be reassigned to employment within the school district

47-7  in accordance with the applicable collective bargaining agreement.

47-8  A school district is not required to reassign an employee of a charter

47-9  school pursuant to this subsection if the employee:

47-10     (a) Was not granted a leave of absence by the school district to

47-11  teach at the charter school pursuant to subsection 5; or

47-12     (b) Was granted a leave of absence by the school district and did

47-13  not submit a written request to return to employment with the school

47-14  district in accordance with subsection 5.

47-15     5.  The board of trustees of a school district that is a sponsor of

47-16  a charter school shall grant a leave of absence, not to exceed 6 years,

47-17  to any employee who is employed by the board of trustees who

47-18  requests such a leave of absence to accept employment with the

47-19  charter school. After the first school year in which an employee is

47-20  on a leave of absence, he may return to his former teaching position

47-21  with the board of trustees. After the third school year, an employee

47-22  who is on a leave of absence may submit a written request to the

47-23  board of trustees to return to a comparable teaching position with

47-24  the board of trustees. After the sixth school year, an employee shall

47-25  either submit a written request to return to a comparable teaching

47-26  position or resign from the position for which his leave was granted.

47-27  The board of trustees shall grant a written request to return to a

47-28  comparable position pursuant to this subsection even if the return of

47-29  the employee requires the board of trustees to reduce the existing

47-30  workforce of the school district. The board of trustees may require

47-31  that a request to return to a teaching position submitted pursuant to

47-32  this subsection be submitted at least 90 days before the employee

47-33  would otherwise be required to report to duty.

47-34     6.  An employee who is on a leave of absence from a school

47-35  district pursuant to this section shall contribute to and be eligible for

47-36  all benefits for which he would otherwise be entitled, including,

47-37  without limitation, participation in the Public Employees’

47-38  Retirement System and accrual of time for the purposes of leave and

47-39  retirement. The time during which such an employee is on leave of

47-40  absence and employed in a charter school does not count toward the

47-41  acquisition of permanent status with the school district.

47-42     7.  Upon the return of a teacher to employment in the school

47-43  district, he is entitled to the same level of retirement, salary and any

47-44  other benefits to which he would otherwise be entitled if he had not

47-45  taken a leave of absence to teach in a charter school.

48-1      8.  An employee of a charter school who is not on a leave of

48-2  absence from a school district is eligible for all benefits for which he

48-3  would be eligible for employment in a public school, including,

48-4  without limitation, participation in the Public Employees’

48-5  Retirement System.

48-6      9.  For all employees of a charter school:

48-7      (a) The compensation that a teacher or other school employee

48-8  would have received if he were employed by the school district must

48-9  be used to determine the appropriate levels of contribution required

48-10  of the employee and employer for purposes of the Public

48-11  Employees’ Retirement System.

48-12     (b) The compensation that is paid to a teacher or other school

48-13  employee that exceeds the compensation that he would have

48-14  received if he were employed by the school district must not be

48-15  included for the purposes of calculating future retirement benefits of

48-16  the employee.

48-17     10.  If the board of trustees of a school district in which a

48-18  charter school is located manages a plan of group insurance for its

48-19  employees, the governing body of the charter school may negotiate

48-20  with the board of trustees to participate in the same plan of group

48-21  insurance that the board of trustees offers to its employees. If the

48-22  employees of the charter school participate in the plan of group

48-23  insurance managed by the board of trustees, the governing body of

48-24  the charter school shall:

48-25     (a) Ensure that the premiums for that insurance are paid to the

48-26  board of trustees; and

48-27     (b) Provide, upon the request of the board of trustees, all

48-28  information that is necessary for the board of trustees to provide the

48-29  group insurance to the employees of the charter school.

48-30     Sec. 75.  NRS 391.180 is hereby amended to read as follows:

48-31     391.180  1.  As used in this section, “employee” means any

48-32  employee of a school district or charter school in this state.

48-33     2.  A school month in any public school in this state consists of

48-34  4 weeks of 5 days each.

48-35     3.  Nothing contained in this section prohibits the payment of

48-36  employees’ compensation in 12 equal monthly payments for 9 or

48-37  more months’ work.

48-38     4.  The per diem deduction from the salary of an employee

48-39  because of absence from service for reasons other than those

48-40  specified in this section is that proportion of the yearly salary which

48-41  is determined by the ratio between the duration of the absence and

48-42  the total number of contracted workdays in the year.

48-43     5.  Boards of trustees shall either prescribe by regulation or

48-44  negotiate pursuant to [chapter 288 of NRS,] NRS 288.140 to

48-45  288.280, inclusive, and sections 3.5 to 3.9, inclusive, of this act

49-1  with respect to sick leave, accumulation of sick leave, payment for

49-2  unused sick leave, sabbatical leave, personal leave, professional

49-3  leave, military leave and such other leave as they determine to be

49-4  necessary or desirable for employees. In addition, boards of trustees

49-5  may either prescribe by regulation or negotiate pursuant to [chapter

49-6  288 of] NRS 288.140 to 288.280, inclusive, and sections 3.5 to 3.9,

49-7  inclusive, of this act with respect to the payment of unused sick

49-8  leave to licensed teachers in the form of purchase of service

49-9  pursuant to subsection 3 of NRS 286.300. The amount of service so

49-10  purchased must not exceed the number of hours of unused sick leave

49-11  or 1 year, whichever is less.

49-12     6.  The salary of any employee unavoidably absent because of

49-13  personal illness or accident, or because of serious illness, accident or

49-14  death in the family, may be paid up to the number of days of sick

49-15  leave accumulated by the employee. An employee may not be

49-16  credited with more than 15 days of sick leave in any 1 school year.

49-17  Except as otherwise provided in this subsection, if an employee

49-18  takes a position with another school district or charter school, all

49-19  sick leave that he has accumulated must be transferred from his

49-20  former school district or charter school to his new school district or

49-21  charter school. The amount of sick leave so transferred may not

49-22  exceed the maximum amount of sick leave which may be carried

49-23  forward from one year to the next according to the applicable

49-24  negotiated agreement or the policy of the district or charter school

49-25  into which the employee transferred. Unless the applicable

49-26  negotiated agreement or policy of the employing district or charter

49-27  school provides otherwise, such an employee:

49-28     (a) Shall first use the sick leave credited to the employee from

49-29  the district or charter school into which he transferred before using

49-30  any of the transferred leave; and

49-31     (b) Is not entitled to compensation for any sick leave transferred

49-32  pursuant to this subsection.

49-33     7.  Subject to the provisions of subsection 8:

49-34     (a) If an intermission of less than 6 days is ordered by the board

49-35  of trustees of a school district or the governing body of a charter

49-36  school for any good reason, no deduction of salary may be made

49-37  therefor.

49-38     (b) If, on account of sickness, epidemic or other emergency in

49-39  the community, a longer intermission is ordered by the board of

49-40  trustees of a school district, the governing body of a charter school

49-41  or a board of health and the intermission or closing does not exceed

49-42  30 days at any one time, there may be no deduction or

49-43  discontinuance of salaries.

49-44     8.  If the board of trustees of a school district or the governing

49-45  body of a charter school orders an extension of the number of days

50-1  of school to compensate for the days lost as the result of an

50-2  intermission because of those reasons contained in paragraph (b) of

50-3  subsection 7, an employee may be required to render his services to

50-4  the school district or charter school during that extended period. If

50-5  the salary of the employee was continued during the period of

50-6  intermission as provided in subsection 7, the employee is not

50-7  entitled to additional compensation for services rendered during the

50-8  extended period.

50-9      9.  If any subject referred to in this section is included in an

50-10  agreement or contract negotiated by:

50-11     (a) The board of trustees of a school district pursuant to [chapter

50-12  288 of NRS;] NRS 288.140 to 288.280, inclusive, and sections 3.5

50-13  to 3.9, inclusive, of this act; or

50-14     (b) The governing body of a charter school pursuant to

50-15  NRS 386.595,

50-16  the provisions of the agreement or contract regarding that subject

50-17  supersede any conflicting provisions of this section or of a

50-18  regulation of the board of trustees.

50-19     Sec. 76.  NRS 391.3116 is hereby amended to read as follows:

50-20     391.3116  The provisions of NRS 391.311 to 391.3197,

50-21  inclusive, do not apply to a teacher, administrator, or other licensed

50-22  employee who has entered into a contract with the board negotiated

50-23  pursuant to [chapter 288 of] NRS 288.140 to 288.280, inclusive,

50-24  and sections 3.5 to 3.9, inclusive, of this act if the contract contains

50-25  separate provisions relating to the board’s right to dismiss or refuse

50-26  to reemploy the employee or demote an administrator.

50-27     Sec. 77.  Section 11 of the Elko Convention and Visitors

50-28  Authority, being chapter 227, Statutes of Nevada 1975, as last

50-29  amended by chapter 564, Statutes of Nevada 1989, at page 1197, is

50-30  hereby amended to read as follows:

50-31     Sec. 11.  1.  The Board shall submit its proposed annual

50-32  budget for the Authority in the manner set forth in NRS

50-33  354.470 to 354.626, inclusive.

50-34     2.  In addition to powers elsewhere conferred, the Board,

50-35  on behalf of the Authority, may:

50-36     (a) Establish, construct, purchase, lease, enter into a lease

50-37  purchase agreement respecting, acquire by gift, grant,

50-38  bequest, devise or otherwise, reconstruct, improve, extend,

50-39  better, alter, repair, equip, furnish, regulate, maintain, operate

50-40  and manage convention, exhibit and auditorium facilities,

50-41  including personal property and real property, appurtenant

50-42  thereto or used in connection therewith, and every estate,

50-43  interest and right, legal or equitable, therein.

50-44     (b) Insure or provide for the insurance of any facility and

50-45  of the Board and its officers, employees and agents against

51-1  such risks and hazards as the Board may deem advisable,

51-2  without thereby waiving any immunity granted by law.

51-3      (c) Arrange or contract for the furnishing by any person

51-4  or agency, public or private, of services, privileges, works,

51-5  food, beverages, alcoholic beverages or facilities for or in

51-6  connection with a facility, hire and retain officers, agents and

51-7  employees, including a fiscal adviser, engineers, attorneys or

51-8  other professional or specialized personnel.

51-9      (d) Direct the Board of County Commissioners or the

51-10  Board of Supervisors of the City of Elko, and the governing

51-11  body of any other political subdivision within the boundaries

51-12  of the Authority, with the concurrence of that board or body,

51-13  to acquire by the exercise of the power of eminent domain

51-14  any real property which the Board deems necessary for its

51-15  purposes, after the adoption by the Board of a resolution

51-16  declaring such an acquisition necessary for its purposes. This

51-17  power must be exercised in the manner provided by any

51-18  applicable statutory provisions and laws of the State of

51-19  Nevada. Title to property so acquired must be taken in the

51-20  name of the Authority.

51-21     (e) Sell, lease, exchange, transfer, assign or otherwise

51-22  dispose of any real or personal property, or any interest

51-23  therein acquired for the purpose of this act, including the

51-24  lease of any facility acquired by the Authority which is to be

51-25  operated and maintained as a public project and convention,

51-26  auditorium or exhibit facility.

51-27     (f) Fix, and from time to time increase or decrease, rates,

51-28  tolls, rents or charges for services or facilities furnished in

51-29  connection with any facility and take such action as necessary

51-30  or desirable to effect their collection.

51-31     (g) Receive, control, invest and order the expenditure of

51-32  money pertaining to any facility or related properties,

51-33  including , but not limited to , annual grants from the Federal

51-34  Government, the State, the County and incorporated cities in

51-35  the County for capital improvements for facilities.

51-36     (h) Enter into contracts, leases or other arrangements for

51-37  commercial advertising purposes with any person or

51-38  government.

51-39     (i) Exercise all or any part or combination of the powers

51-40  granted in this act to the Authority, except as otherwise

51-41  provided in this act.

51-42     (j) Sue and be sued.

51-43     (k) Perform other acts necessary, convenient, desirable or

51-44  appropriate to carry out the purposes and provisions of this

51-45  act.

52-1      (l) Engage in the sale and dispensing of alcoholic

52-2  beverages in connection with activities conducted in

52-3  connection with the facility, operate a bar in connection

52-4  therewith and obtain all necessary licenses and permits and

52-5  provide any bonds or security necessary or advisable.

52-6      (m) Engage in the preparation, sale, serving and

52-7  dispensing of food and beverages in connection with the

52-8  facilities and activities conducted in connection therewith.

52-9      (n) Provide security for all authorized facilities and

52-10  activities by means of security guards, burglar alarm systems,

52-11  fire alarm systems and other modern methods of protection

52-12  and detection, with all materials, supplies and equipment

52-13  incidental thereto.

52-14     (o) Use or make available all facilities of the Authority or

52-15  any portion thereof for any event, activity, meeting,

52-16  convention, entertainment, promotions, party or other purpose

52-17  approved by the Board, with or without charge, as determined

52-18  by the Board.

52-19     (p) Sell, or cause to be sold, promotional items.

52-20     3.  The Board, in addition to the other powers conferred

52-21  upon it, may:

52-22     (a) Set aside a fund in an amount which it considers

52-23  necessary, which may be expended in the discretion of the

52-24  Board for the purpose of promoting or attracting conventions,

52-25  meetings and like gatherings which will utilize the facilities

52-26  of the Authority. Such an expenditure shall be deemed to be

52-27  made for a public purpose.

52-28     (b) Solicit and promote tourism generally, individually

52-29  and through annual grants to chambers of commerce,

52-30  convention authorities and other convention-generating

52-31  entities, and further promote generally the use of its facilities,

52-32  pursuant to lease agreements, by organized groups or by the

52-33  general public for the holding of conventions, expositions,

52-34  trade shows, entertainment, sporting events, cultural activities

52-35  or similar uses reasonably calculated to produce revenue for

52-36  the Authority, and to enhance the general economy. Such

52-37  promotion may include advertising the facilities under control

52-38  of the Board and the resources of the community or area,

52-39  including , without restriction , tourist accommodations,

52-40  transportation, entertainment and climate.

52-41     (c) Enter into contracts for advertising and pay the cost

52-42  thereof, including reasonable commissions.

52-43     (d) Authorize the expenditure of money subject to its

52-44  control and derived from any source within its jurisdiction

52-45  and authority, regardless of any purported limitations thereon

53-1  incident to any transfer or remittance to the Board of the

53-2  proceeds of any license tax or other money collected by any

53-3  political subdivision, but subject to all valid contractual or

53-4  statutory restrictions which may apply to any such money or

53-5  remittances or to the use or disposition thereof.

53-6      (e) Borrow money or accept contributions, grants or other

53-7  financial assistance from the Federal Government or any

53-8  agency or instrumentality thereof, for use in furtherance of

53-9  any of the authorized purposes of the Authority and meet and

53-10  comply with any conditions imposed thereon, which are

53-11  within the authority or discretion of the Board.

53-12     (f) Appoint an Executive Director, the Authority

53-13  Treasurer, the Auditor for the Authority, assistants to officers

53-14  and establish such other offices and appoint such other

53-15  officers as it deems necessary. All appointive officers serve at

53-16  the pleasure of the Board and shall perform such duties as

53-17  may be designated by the Board and are entitled to receive a

53-18  salary set by the Board. The Board shall, by agreement

53-19  pursuant to [chapter 288 of NRS,] NRS 288.140 to 288.280,

53-20  inclusive, and sections 3.5 to 3.9, inclusive, of this act, or by

53-21  resolution, set the annual, sick and disability leave, salary or

53-22  wages, pensions, insurance and other benefits for appointed

53-23  and hired Authority officers and employees.

53-24     4.  Any contracts, leases, franchises or other transactions

53-25  authorized or executed by the Board are not affected by the

53-26  fact that the term of office of any or all of its members may

53-27  expire before completion of the transaction authorized.

53-28     5.  When any member of the Board or officer or

53-29  employee of the Authority travels for the transaction of

53-30  business of the Authority, the Board may pay him the actual

53-31  expenses necessary for such travel, including travel expenses,

53-32  room, board, gratuities, car rental, telephone, taxi fares and

53-33  any other expense reasonably incurred in connection with

53-34  such travel. Travel fares must be the amount charged by

53-35  public conveyance unless the Board determines that travel by

53-36  private conveyance is more economical, or travel by public

53-37  conveyance is impractical or unavoidable over any of the

53-38  routes to be traveled. The Board may allow for traveling by

53-39  private conveyance an amount not to exceed the maximum

53-40  allowance per mile for travel by private conveyance by state

53-41  officers and employees specified in NRS 281.160.

 

 

 

54-1      Sec. 78.  Section 29 of the Airport Authority Act for Washoe

54-2  County, being chapter 474, Statutes of Nevada 1977, as last

54-3  amended by chapter 155, Statutes of Nevada 1991, at page 293, is

54-4  hereby amended to read as follows:

54-5      Sec. 29.  The Authority, by action of the Board, may

54-6  adopt its own plan of civil service to be administered by the

54-7  Board. The plan must include, but need not be limited to, the

54-8  following provisions:

54-9      1.  Entry into the service on the basis of open

54-10  competition.

54-11     2.  Service, promotions and remuneration on the basis of

54-12  merit, efficiency and fitness.

54-13     3.  Classifications of the positions in the service.

54-14     4.  The rating of candidates on the basis of publicly

54-15  announced competitive examinations and the maintenance of

54-16  lists of eligible candidates.

54-17     5.  Employment of candidates from the eligible lists in

54-18  the highest qualified rating.

54-19     6.  Probationary periods not to exceed 12 months.

54-20     7.  Disciplinary action, suspension or discharge of

54-21  employees for cause only with the right of notice and review.

54-22     8.  Schedules of compensation and increases in pay

54-23  prepared by the Board.

54-24     9.  Promotion on the basis of ascertained merit, seniority

54-25  in service and competitive examinations.

54-26     10.  Provision for keeping service records on all

54-27  employees.

54-28     11.  Regulations for hours of work, attendance, holidays,

54-29  leaves of absence and transfers.

54-30     12.  Procedures for layoffs, discharge, suspension,

54-31  discipline and reinstatement.

54-32     13.  The exemption from civil service of managers,

54-33  supervisors, except those supervisors covered by an

54-34  agreement negotiated pursuant to [chapter 288 of NRS,] NRS

54-35  288.140 to 288.280, inclusive, and sections 3.5 to 3.9,

54-36  inclusive, of this act, deputy directors, the Executive

54-37  Director, persons employed to render professional, scientific,

54-38  technical or expert service, persons providing services of a

54-39  temporary or exceptional character, persons employed on

54-40  projects paid from the proceeds of bonds issued by the

54-41  Authority and persons employed for a period of less than 3

54-42  months in any 12‑month period.

54-43     14.  Review by the Board, at the request of the employee

54-44  in question and after notice and hearing, of any disciplinary

54-45  action, suspension or discharge of any employee, which

55-1  action, suspension or discharge may be affirmed, modified or

55-2  reversed by the Board. The decision of the Board is a final

55-3  decision in a contested case for the purpose of judicial

55-4  review. An employee may appeal the decision of the Board to

55-5  a district court within the time limits and in the manner

55-6  provided by law for the appeal of administrative decisions of

55-7  state agencies.

55-8      Sec. 79.  Section 2.330 of the Charter of Carson City, being

55-9  chapter 690, Statutes of Nevada 1979, at page 1857, is hereby

55-10  amended to read as follows:

55-11  Sec. 2.330  Employees: Merit personnel system.

55-12     1.  The Board of Supervisors shall establish a merit

55-13  personnel system for all employees of Carson City except

55-14  those exempted under the provisions of subsection 4.

55-15     2.  The Board of Supervisors shall administer this section

55-16  through the adoption of appropriate regulations which shall

55-17  provide for:

55-18     (a) The classification of all positions, not exempt from the

55-19  merit personnel system, based on the duties, authority and

55-20  responsibility of each position, with adequate provision for

55-21  reclassification of any position whatsoever whenever

55-22  warranted by changed circumstances.

55-23     (b) A pay plan for all employees, including exempt

55-24  employees other than elected officers that are covered in

55-25  NRS 245.043.

55-26     (c) Policies and procedures for regulating reduction in

55-27  force and the removal of employees.

55-28     (d) Hours of work, attendance regulations and provisions

55-29  for sick and vacation leave.

55-30     (e) Policies and procedures governing persons holding

55-31  temporary or provisional appointments.

55-32     (f) Policies and procedures governing relationships with

55-33  employees and employee organizations.

55-34     (g) Policies concerning employee training and

55-35  development.

55-36     (h) Grievance procedures.

55-37     (i) Other policies and procedures necessary for the

55-38  administration of a merit personnel system.

55-39     3.  In the event of a conflict between the policies and

55-40  procedures adopted pursuant to this section and the provisions

55-41  of a collective bargaining agreement entered into pursuant to

55-42  [chapter 288 of NRS,] NRS 288.140 to 288.280, inclusive,

55-43  and sections 3.5 to 3.9, inclusive, of this act, the provisions

55-44  of the agreement prevail.

56-1      4.  There are exempted from the provisions of this

56-2  section:

56-3      (a) The manager and all department heads, elected or

56-4  appointed;

56-5      (b) All deputy district attorneys;

56-6      (c) Not more than five supervisory deputy sheriffs; and

56-7      (d) No more than two deputies each in the offices of the

56-8  Clerk, the Treasurer, the Recorder, the Assessor, and any

56-9  other department created by this charter or by ordinance.

56-10     Sec. 80.  Section 9.030 of the Charter of the City of North Las

56-11  Vegas, being chapter 324, Statutes of Nevada 1987, at page 744, is

56-12  hereby amended to read as follows:

56-13  Sec. 9.030  Collective bargaining.

56-14     1.  The city council shall recognize employee

56-15  organizations for the purpose of collective bargaining

56-16  pursuant to [chapter 288 of NRS.] NRS 288.140 to 288.280,

56-17  inclusive, and sections 3.5 to 3.9, inclusive, of this act.

56-18     2.  The city manager is responsible for and shall direct all

56-19  collective bargaining with recognized employee

56-20  organizations. The city manager may designate any

56-21  administrative officer subject to his direction and supervision

56-22  as his representative for the purpose of those negotiations.

56-23     3.  Any agreement resulting from those negotiations must

56-24  be ratified by the city council before it is effective.

56-25     Sec. 81.  NRS 288.010, 288.025, 288.027, 288.028, 288.033,

56-26  288.063, 288.067, 288.075, 288.230, 288.240, 288.250 and 288.260

56-27  are hereby repealed.

56-28     Sec. 82.  Notwithstanding the provisions of NRS 288.080 to

56-29  the contrary, as soon as practicable on or before July 1, 2003, the

56-30  additional members of the Public Employee-Management Relations

56-31  Board must be appointed as follows:

56-32     1.  One member appointed by the Majority Leader of the Senate

56-33  to an initial term that begins on July 1, 2003, and ends on June 30,

56-34  2005; and

56-35     2.  One member appointed by the Speaker of the Assembly to

56-36  an initial term that begins on July 1, 2003, and ends on June 30,

56-37  2007.

56-38     Sec. 83.  Notwithstanding any other provision of this act, an

56-39  employee organization may not be designated as the exclusive

56-40  representative of a bargaining unit pursuant to section 28 or 29 of

56-41  this act before October 1, 2003.

56-42     Sec. 83.3.  1.  Any member of the Local Government

56-43  Employee-Management Relations Board whose term does not

56-44  expire until June 30, 2005, remains in office on the Public

56-45  Employee-Management Relations Board for the duration of that

57-1  term unless he is removed before that date in the manner authorized

57-2  by law.

57-3      2.  Any rules and regulations adopted by the Local Government

57-4  Employee-Management Relations Board that are in force on

57-5  June 30, 2003, remain in force until amended by the Public

57-6  Employee-Management Relations Board. Such regulations may be

57-7  enforced by the Public Employee-Management Relations Board.

57-8      3.  Any contracts or other agreements entered into by the Local

57-9  Government Employee-Management Relations Board are binding

57-10  on and may be enforced by the Public Employee-Management

57-11  Relations Board.

57-12     Sec. 83.7. To the extent not inconsistent with the provisions of

57-13  this act, the rules and regulations of the Local Government

57-14  Employee-Management Relations Board that are in force on

57-15  June 30, 2003, apply to collective bargaining agreements between

57-16  the Executive Department as defined in section 3.1 of this act and

57-17  employees as defined in section 10 of this act entered into pursuant

57-18  to this act until the rules and regulations are amended by the Public

57-19  Employee-Management Relations Board. For the purposes of this

57-20  section, any reference in those rules and regulations to:

57-21     1.  A local government employee shall be deemed to include an

57-22  employee as defined in section 10 of this act.

57-23     2.  A local government employer shall be deemed to include the

57-24  Executive Department as defined in section 3.1 of this act.

57-25     Sec. 84.  1.  This section and section 82 of this act become

57-26  effect upon passage and approval.

57-27     2.  Sections 1 to 81, inclusive, 83, 83.3 and 83.7 of this act

57-28  become effective upon passage and approval for the purpose of

57-29  adopting regulations and on July 1, 2003, for all other purposes.

 

57-30  LEADLINES OF REPEALED SECTIONS

 

57-31     288.010  Short title.

57-32     288.025  “Administrative employee” defined.

57-33     288.027  “Bargaining agent” defined.

57-34     288.028  “Bargaining unit” defined.

57-35     288.033  “Collective bargaining” defined.

57-36     288.063  “Mediation” defined.

57-37     288.067  “Recognition” defined.

57-38     288.075  “Supervisory employee” defined.

57-39     288.230  Legislative declaration; illegality of strikes.

57-40     288.240  Injunctive relief against strike or threatened strike.

58-1      288.250  Punishment of employee organization, officer or

58-2  employee by court for commencement or continuation of strike

58-3   in violation of order.

58-4      288.260  Punishment of employee by employer for

58-5   commencement or continuation of strike or violation in

58-6   violation of court’s order.”.

 

58-7  H