NRS: CHAPTER 463A - GAMING EMPLOYEES’ LABOR ORGANIZATIONS

[Rev. 6/29/2024 4:13:51 PM--2023]

CHAPTER 463A - GAMING EMPLOYEES’ LABOR ORGANIZATIONS

NRS 463A.010 Legislative findings and declaration.

NRS 463A.030 Information concerning certain personnel of labor organization to be filed with Board; regulations of Commission.

NRS 463A.040 Grounds for disqualification of personnel of labor organization.

NRS 463A.050 Investigation of personnel of labor organization: Powers of Board; costs; consultants; recommendations.

NRS 463A.060 Disqualification of personnel of labor organization: Notice of recommendation and reasons; notice of defense.

NRS 463A.070 Notice of defense: Time for filing; contents.

NRS 463A.080 Right to hearing; waiver.

NRS 463A.090 Notice of hearing.

NRS 463A.100 Subpoenas; witness fees; depositions; affidavits.

NRS 463A.110 Hearing: Procedures.

NRS 463A.120 Hearing: Official notice.

NRS 463A.130 Hearing: Amended and supplemental notices and statements.

NRS 463A.140 Hearing: Contempt.

NRS 463A.150 Failure to file notice of defense or appear.

NRS 463A.160 Disqualification: Written decision; notice.

NRS 463A.170 Rehearing.

NRS 463A.180 Judicial review: Petition; intervention; stay of enforcement.

NRS 463A.190 Judicial review: Record on review.

NRS 463A.200 Judicial review: Additional evidence taken by Commission.

NRS 463A.210 Judicial review: Review confined to record.

NRS 463A.220 Judicial review: Court may affirm, remand or reverse.

NRS 463A.230 Judicial review: Appeal to appellate court.

NRS 463A.240 Judicial review: Exclusive method of review.

NRS 463A.250 Injunction; fine.

NRS 463A.260 Rights of collective bargaining and concerted action not impaired if representative not disqualified.

_________

NRS 463A.010 Legislative findings and declaration. The Legislature finds and declares that:

1. The relationship which exists between a labor organization and the employees whom it represents or seeks to represent in collective bargaining is such that it may significantly affect the conduct of a gaming operation by an employer.

2. In the past, attempts have been made by persons whose background is not suitable for association with licensed gaming to gain positions of control in labor organizations representing or seeking to represent gaming casino employees in this state.

3. In order to carry out the declared policy of this state that licensed gaming be conducted freely and honestly, and in order to protect the welfare of the employees of the gaming industry which is fundamental to the economy of this state, it is necessary to determine the suitability of any person who performs or seeks to perform certain significant functions in the representation of gaming casino employees in this state.

(Added to NRS by 1975, 1441; A 2001, 3092)

NRS 463A.020 Definitions. As used in this chapter:

1. “Board” means the Nevada Gaming Control Board.

2. “Commission” means the Nevada Gaming Commission.

3. “Gaming casino employee” means any person employed directly or indirectly in the operation of a gaming establishment under a nonrestricted license, including:

(a) All personnel involved in the operation of a casino gaming pit, such as dealers, shills, clerks, hosts, junket representatives and the supervisors of such persons;

(b) All personnel involved in handling money, such as cashiers, change persons, count teams, coin wrappers and the supervisors of such persons;

(d) All personnel involved in operating and maintaining slot machines, such as mechanics, floorpersons, change and payoff persons and the supervisors of such persons;

(e) All personnel involved in security, such as guards, games observers and the supervisors of such persons;

(f) All personnel involved in the operation of a race or sports book, such as writers, boardpersons, cashiers and the supervisors of such persons;

(g) All personnel involved in the operation of a pari-mutuel operation licensed under chapter 464 of NRS and any sporting event on which such pari-mutuel wagering is conducted; and

(h) Such other persons whose duties are similar to the classifications set forth in paragraphs (a) to (g), inclusive, as the Commission may from time to time designate by regulation,

Ê but does not include personnel whose duties are related solely to such nongaming activities as entertainment, hotel operation, maintenance and the preparation and serving of food and beverages.

4. “Labor organization” means an organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing or seeking to deal with employers of gaming casino employees concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work of gaming casino employees.

(Added to NRS by 1975, 1442; A 2001, 3093)

NRS 463A.030 Information concerning certain personnel of labor organization to be filed with Board; regulations of Commission.

1. Not later than the date on which a labor organization which represents or seeks to represent gaming casino employees in this state begins an organizational activity directed at a gaming casino employee, the labor organization shall file with the Board a list of its personnel who:

(a) Adjust or seek to adjust grievances for, negotiate or administer the wages, hours, working conditions or conditions of employment of any gaming casino employee;

(b) Solicit, collect or receive, or seek to solicit, collect or receive any dues, assessments, levies, fines, contributions or other charges within this state for or on behalf of the organization from gaming casino employees; or

(c) Act as officers, members of the governing body, business agents or in any other policymaking or supervisory position in the organization.

2. Each person listed shall file with the Board:

(a) A complete set of the person’s fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(b) Complete information in writing concerning the person’s labor organization activities, prior performance of the same or similar functions, previous employment or occupational history; and

(c) The person’s criminal record if any, covering at least a 10-year period unless the Board determines that a shorter period is appropriate.

3. The Commission shall by regulation prescribe the frequency or circumstances or both with or under which the list must be revised.

4. The Commission may by regulation prescribe:

(a) Any further information to be required concerning each person listed or each person performing a particular function.

(b) The addition of other personnel to the list whose duties significantly affect the conduct of a gaming operation.

5. In adopting regulations pursuant to this section, the Commission shall proceed in the manner prescribed in chapter 463 of NRS.

6. For the purposes of this section, “organizational activity” means:

(a) Soliciting membership by direct personal contact;

(b) Distributing cards regarding interests or representation; or

(Added to NRS by 1975, 1442; A 2001, 3093; 2003, 2854)

NRS 463A.040 Grounds for disqualification of personnel of labor organization. The Commission may individually disqualify any person from performing any one or more of the functions whose performance requires listing, if it finds that:

1. The person has been convicted in any jurisdiction of any crime involving moral turpitude or indicating a lack of business integrity or honesty, whether denominated a felony or misdemeanor.

2. The person has made or caused to be made any statement in a document provided to the Board or its agents or orally to a Board member or agent in connection with an investigation or listing which was, at the time and in the light of the circumstances under which it was made, false or misleading.

3. The person is a member of or an associate of organized criminal elements. Identification as such a member or associate by any law enforcement agency, legislative body or crime commission constitutes evidence which may be considered by the Nevada Gaming Commission.

4. The person’s moral character and integrity, as evidenced by the person’s prior conduct, are such as to create a reasonable belief that performance by the person of the specified function would not be consistent with the policy of this state that gaming be conducted freely and honestly or with the welfare of the employees of the gaming industry.

(Added to NRS by 1975, 1443)

NRS 463A.050 Investigation of personnel of labor organization: Powers of Board; costs; consultants; recommendations.

1. To determine suitability under and compliance with the provisions of this chapter, the Board may investigate any person whose name is listed by a labor organization or who it believes is performing or seeking to perform a function which requires listing. For this purpose the Board is vested with all of the powers which it possesses for the investigation of an applicant for or holder of a state gaming license, and may further make such examination as it reasonably deems necessary of the financial records of any labor organization for whom such a person is performing or seeking to perform such a function.

2. The cost of any investigation required by this section must be paid by the Board from money appropriated or authorized to be used for this purpose.

3. Whenever the Board undertakes an investigation pursuant to this section, the Board shall employ or consult with some person who has a professional background in the field of labor relations. The same services may be retained to assist the Commission upon any subsequent hearing of the matter.

4. The Board shall, if appropriate, recommend to the Commission that a person investigated be disqualified.

(Added to NRS by 1975, 1443; A 2001, 3094)

NRS 463A.060 Disqualification of personnel of labor organization: Notice of recommendation and reasons; notice of defense.

1. If the Board recommends that a person be disqualified, the Commission shall serve upon the person and the labor organization for which the person is performing the function or seeking to perform that function:

(a) A notice;

(b) A statement of the reasons for the recommendation; and

2. The notice of defense must read substantially as follows:

Notice of Defense

Instructions to Respondents: Two copies of this form should be filed with the Nevada Gaming Commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.

Yes No

1. Do you request a hearing?............................................................ ¨ ¨

2. Do you admit the facts stated in the complaint?...................... ¨ ¨

If you admit some of the facts stated in the complaint, but deny others, please specify:

(space for answer)

3. Are there any defenses or explanations which you

believe the Commission should consider?........................... ¨ ¨

If so, please specify:

(space for answer)

4. Do you wish to state any legal objections to the

complaint?................................................................................. ¨ ¨

If so, please specify:

(space for answer)

Note: If you fail to file two copies of this form as specified, the Commission may proceed upon the complaint without a hearing.

(Added to NRS by 1975, 1444; A 2001, 3094)

NRS 463A.070 Notice of defense: Time for filing; contents. Within 15 days after service upon the respondent of the notice, the respondent may file with the Commission a notice of defense in which the respondent may:

1. Request a hearing;

2. Admit the accusation in whole or in part;

3. Present new matter or explanations by way of defense; and

4. State any legal objections to the complaint.

Ê Within the time specified respondent may file one or more notices of defense upon any or all of the above grounds, but all such notices shall be filed within the period specified above unless the Commission authorizes the filing of a later notice.

(Added to NRS by 1975, 1444)

NRS 463A.080 Right to hearing; waiver. The respondent is entitled to a hearing on the merits if the respondent files a notice of defense within the time allowed and any such notice shall be deemed a specific denial of all parts of the complaint not expressly admitted. Failure to file a notice of defense within the time allowed constitutes a waiver of the respondent’s right to a hearing and to judicial review of any decision or order of the Commission, but the Commission may order a hearing. All affirmative defenses must be specifically stated and unless objection is stated in a notice of defense, all objections to the form of the notice and statement of reasons are waived.

(Added to NRS by 1975, 1445)

NRS 463A.090 Notice of hearing.

1. The Commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondent’s notice of defense. The Commission shall deliver or send a notice of hearing by registered or certified mail to all parties at least 10 days prior to the hearing. Unless the respondent consents, the hearing shall not be held prior to the expiration of the time within which the respondent is entitled to file a notice of defense.

2. The notice of hearing shall be substantially in the following form, but may include other information:

You Are Hereby Notified that a hearing will be held before the Nevada Gaming Commission at (here insert place of hearing) on the .......... day of the month of ………. of the year ……, at the hour of ................, upon the charges made in the statement of reasons served upon you. You may be present at the hearing and may be, but need not be, represented by counsel. You may present any relevant evidence, and you will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents, or other things by applying to the Nevada Gaming Commission.

(Added to NRS by 1975, 1445; A 2001, 55)

NRS 463A.100 Subpoenas; witness fees; depositions; affidavits.

1. Before a hearing before the Commission, and during a hearing upon reasonable cause shown, the Commission shall issue subpoenas and subpoenas duces tecum at the request of a party. All witnesses appearing pursuant to subpoena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized for state officers and employees for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpoenaed. The Commission may, in its discretion, award as costs the amount of all such expenses to the prevailing party.

2. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.

3. Affidavits may be received in evidence at any hearing of the Commission in accordance with the following:

(a) The party wishing to use an affidavit shall, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which the party proposes to introduce in evidence together with a notice as provided in paragraph (c).

(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine affiant the right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but must be given only the same effect as other hearsay evidence.

The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the .......... day of the month of ………. of the year ……. (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question (here insert name of affiant) unless you notify the undersigned that you wish to cross-examine (here insert name of affiant). To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.

.......................................................

(Party or Counsel)

.......................................................

(Address)

(Added to NRS by 1975, 1445; A 1985, 427; 2001, 55)

NRS 463A.110 Hearing: Procedures.

1. At least three members of the Commission shall be present at every hearing upon a recommended disqualification, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.

2. The proceedings at the hearing shall be reported either stenographically or by a phonographic reporter.

3. Oral evidence shall be taken only upon oath or affirmation administered by the Commission.

4. Every party to a hearing is entitled:

(a) To call and examine witnesses;

(b) To introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the Board or the Commission;

(c) To cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;

(d) To impeach any witness regardless of which party first called the witness to testify; and

(e) To offer rebuttal evidence.

5. If the respondent does not testify in his or her own behalf, the respondent may be called and examined as if under cross-examination.

6. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common-law or statutory rule which might make improper the admission of such evidence over objection in a civil action.

7. The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.

(Added to NRS by 1975, 1446)

NRS 463A.120 Hearing: Official notice. The Commission may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties shall be informed of any information, matters or facts so noticed, and shall be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the Commission.

(Added to NRS by 1975, 1447)

NRS 463A.130 Hearing: Amended and supplemental notices and statements. The Commission may, before submission of the matter for decision, permit the filing of amended or supplemental notices or statements, and shall notify all parties thereof and provide a reasonable opportunity for objections thereto.

(Added to NRS by 1975, 1447)

NRS 463A.140 Hearing: Contempt. If any person in proceedings before the Commission disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the Commission may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why the person should not be punished as for contempt. The court order and a copy of the statement of the Commission shall be served on the person cited to appear. Thereafter the court has jurisdiction of the matter, and the same proceedings shall be had, the same penalties may be imposed and the person charged may purge the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.

(Added to NRS by 1975, 1447)

NRS 463A.150 Failure to file notice of defense or appear. Failure of a respondent to file a notice of defense or to request or appear at the hearing constitutes an admission of all matters and facts contained in the complaint filed with respect to such respondent. In such cases the Commission may take action based upon such admission or upon any other evidence, including affidavits, and without any further notices whatever to respondent. In such cases the Commission shall prepare and file a record containing the evidence upon which its action was based.

(Added to NRS by 1975, 1447)

NRS 463A.160 Disqualification: Written decision; notice. If a person is disqualified after a hearing, the Commission shall prepare and file a written decision setting forth the reasons on which its order is based. Whenever a person is disqualified, the Commission shall in writing notify that person and the labor organization, stating what functions the person is disqualified from performing.

(Added to NRS by 1975, 1447)

NRS 463A.170 Rehearing. The Commission may, upon motion therefor made within 10 days after service of a decision and order, order a rehearing before the Commission upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. Such motion shall not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the Commission, and that sufficient reason existed for failure to present such evidence at the hearing of the Commission. The motion shall be supported by an affidavit of the moving party or counsel for the moving party showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence shall be permitted. After rehearing, the Commission may modify its decision and order as the additional evidence may warrant.

(Added to NRS by 1975, 1448)

NRS 463A.180 Judicial review: Petition; intervention; stay of enforcement.

1. Any person aggrieved by a final decision or order of the Commission made after hearing or rehearing by the Commission, whether or not a petition for rehearing was filed, may obtain a judicial review thereof in the district court of the county in which the petitioner resides or has its principal office.

2. The judicial review shall be instituted by filing a petition within 20 days after the effective date of the final decision or order. A petition may not be filed while a petition for rehearing or a rehearing is pending before the Commission. The petition shall set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.

3. Copies of the petition shall be served upon the Commission and all other parties of record, or their counsel of record, either personally or by certified mail.

4. The court, in its discretion, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.

5. The filing of the petition shall not stay enforcement of the decision or order of the Commission, but the Commission itself may grant a stay upon such terms and conditions as it deems proper.

(Added to NRS by 1975, 1448)

NRS 463A.190 Judicial review: Record on review.

1. Upon written request of petitioner and upon payment of such reasonable costs and fees as the Commission may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, shall be prepared by the Commission.

2. The complete record on review shall include copies of:

(a) All notices and statements in the matter;

(b) All notices and interim orders issued by the Commission in connection with the matter;

(d) The decision and order appealed from;

(e) A transcript of all testimony, evidence and proceedings at the hearing;

(f) The exhibits admitted or rejected; and

(g) Any other papers in the matter.

Ê The original of any document may be used in lieu of a copy thereof. The record on review may be shortened by stipulation of all parties to the review proceedings.

3. The record on review shall be filed with the reviewing court within 30 days after service of the petition for review, but the court may allow the Commission additional time to prepare and transmit the record on review.

(Added to NRS by 1975, 1448)

NRS 463A.200 Judicial review: Additional evidence taken by Commission. The reviewing court may, upon motion therefor, order that additional evidence in the matter be taken by the Commission upon such terms and conditions as the court may deem just and proper. Such motion shall not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present such evidence at the hearing of the Commission. The motion shall be supported by an affidavit of the moving party or his or her counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence shall be permitted. In matters in which additional evidence is presented to the Commission, the Commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which shall become a part of the record on review.

(Added to NRS by 1975, 1449)

NRS 463A.210 Judicial review: Review confined to record. The review shall be conducted by the court sitting without a jury, and shall not be a trial de novo but shall be confined to the record on review.

(Added to NRS by 1975, 1449)

NRS 463A.220 Judicial review: Court may affirm, remand or reverse. The reviewing court may affirm the decision and order of the Commission, or it may remand the matter for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:

1. In violation of constitutional provisions;

2. In excess of the statutory authority or jurisdiction of the Commission;

3. Made upon unlawful procedure;

4. Unsupported by any substantial evidence; or

5. Arbitrary or capricious or otherwise not in accordance with law.

(Added to NRS by 1975, 1449)

NRS 463A.230 Judicial review: Appeal to appellate court. Any party aggrieved by the final decision in the district court after a review of the Commission decision and order may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the manner and within the time provided by law for appeals in civil cases. The appellate court of competent jurisdiction shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law shall warrant.

(Added to NRS by 1975, 1449; A 2013, 1785)

NRS 463A.240 Judicial review: Exclusive method of review. The judicial review by the district and Supreme Courts afforded in this chapter is the exclusive method of review of Commission actions, decisions and orders, and precludes the use of any of the extraordinary common-law writs or other equitable proceedings.

(Added to NRS by 1975, 1449)

NRS 463A.250 Injunction; fine.

1. If, 10 days or more after notice of disqualification is given, a person performs any function for which the person is disqualified, the Commission may bring an action in the district court for the county where the person is performing the function or where the labor organization has its principal office, for an injunction restraining:

(a) The disqualified person from performing any function for which the person is disqualified;

(b) The labor organization, after the expiration of the 10-day period, if it has permitted the person to perform such function, from collecting any dues, assessments, levies, fines or other charges in this state from gaming casino employees; or

2. In any such action, a temporary restraining order or a preliminary injunction, or both, may be obtained in accordance with the Nevada Rules of Civil Procedure.

3. In addition or as an alternative to enjoining the labor organization, the court may impose upon the labor organization a fine of not more than $10,000 for each day that the disqualified person performs any function for which the person is disqualified after the entry of the court’s order.

(Added to NRS by 1975, 1449)

NRS 463A.260 Rights of collective bargaining and concerted action not impaired if representative not disqualified. The provisions of this chapter do not deny or limit in any way the legitimate rights of gaming casino employees to bargain collectively or otherwise to engage in concerted activity for their mutual aid and protection through representatives of their own choosing, if such representatives are not disqualified pursuant to the provisions of this chapter.

(Added to NRS by 1975, 1450)