reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.170 - Determination of bargaining unit; appeal to Board.

1. Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.
2. A principal, assistant principal or other school administrator, school district administrator or central office administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit.
3. A head of a department of a local government, an administrative employee or a supervisory employee must not be a member of the same bargaining unit as the employees under the direction of that department head, administrative employee or supervisory employee. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the Board. An employee organization which is negotiating on behalf of two or more bargaining units consisting of firefighters or police officers, as defined in NRS 288.215, may select members of the units to negotiate jointly on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.
4. Confidential employees of the local government employer must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.
5. If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board. Subject to judicial review, the decision of the Board is binding upon the local government employer and employee organizations involved. The Board shall apply the same criterion as specified in subsection 1.
6. As used in this section:
(a) "Confidential employee" means an employee who is involved in the decisions of management affecting collective bargaining.
(b) "Supervisory employee" means a supervisory employee described in paragraph (a) of subsection 1 of NRS 288.138.
(Added to NRS by 1969, 1378; A 1971, 1504; 1975, 922; 1987, 1305, 2202; 1991, 703; 2005, 325; 2011, 2902; 2015, 1596; 2017, 1388; 2019, 2677)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.180 - Notice by employee organization of desire to negotiate; request for information; commencement of negotiations; exemption.

1. Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of that desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give notice on or before February 1.
2. Following the notification provided for in subsection 1, the employee organization or the local government employer may request reasonable information concerning any subject matter included in the scope of mandatory bargaining which it deems necessary for and relevant to the negotiations. The information requested must be furnished without unnecessary delay. The information must be accurate, and must be presented in a form responsive to the request and in the format in which the records containing it are ordinarily kept. If the employee organization requests financial information concerning a metropolitan police department, the local government employers which form that department shall furnish the information to the employee organization.
3. The parties shall promptly commence negotiations. As the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.
4. This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.
(Added to NRS by 1969, 1379; A 1971, 1505; 1975, 923; 1977, 757; 1979, 1373; 1981, 1868; 1983, 1044; 2015, 1597; 2019, 2678)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.190 - Mediation: Selection and duties of mediator; cost.

Except in cases to which NRS 288.205 and 288.215 apply:
1. Anytime before March 1, the dispute may be submitted to a mediator, if both parties agree. Anytime after March 1, either party involved in negotiations may request a mediator. If the parties do not agree upon a mediator, the Commissioner shall submit to the parties a list of seven potential mediators. The parties shall select their mediator from the list by alternately striking one name until the name of only one mediator remains, who will be the mediator to hear the dispute. The employee organization shall strike the first name.
2. If mediation is agreed to or requested pursuant to subsection 1, the mediator must be selected at the time the parties agree upon a mediator or, if the parties do not agree upon a mediator, within 5 days after the parties receive the list of potential mediators from the Commissioner.
3. The mediator shall bring the parties together as soon as possible and, unless otherwise agreed upon by the parties, attempt to settle the dispute within 30 days after being notified of the mediator’s selection as mediator. The mediator may establish the times and dates for meetings and compel the parties to attend but has no power to compel the parties to agree.
4. The local government employer and employee organization each shall pay one-half of the cost of mediation. Each party shall pay its own costs of preparation and presentation of its case in mediation.
5. If the dispute is submitted to a mediator and then submitted to a fact finder, the mediator shall, within 15 days after the last meeting between the parties, give to the Commissioner of the Board a report of the efforts made to settle the dispute.
(Added to NRS by 1969, 1379; A 1971, 1505; 1977, 917; 1979, 285; 1981, 1868; 1985, 1420; 1987, 571; 1989, 1669; 1997, 69; 2005, 819)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.195 - Right of employee organization to be represented by attorney.

Whenever an employee organization enters into negotiations with a local government employer, pursuant to NRS 288.140 to 288.220, inclusive, such employee organization may be represented by an attorney licensed to practice law in the State of Nevada.
(Added to NRS by 1973, 324; A 2011, 2297)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.205 - Submission of dispute between certain employees and local government employer to fact finder: Time limited for certain matters.

In the case of an employee organization and a local government employer to which NRS 288.215 applies, the following departures from the provisions of NRS 288.200 also apply:
1. If the parties have not reached agreement by April 10, either party may submit the dispute to an impartial fact finder at any time for the findings of the fact finder.
2. In a regular legislative year, the fact-finding hearing must be stayed up to 20 days after the adjournment of the Legislature sine die.
3. Any time limit prescribed by this section or NRS 288.200 may be extended by agreement of the parties.
(Added to NRS by 1977, 916; A 1979, 1375)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.210 - Subpoenas of fact finder; powers of district court.

1. For the purpose of investigating disputes, the fact finder may issue subpoenas requiring the attendance of witnesses before the fact finder, together with all books, memoranda, papers and other documents relative to the matters under investigation, administer oaths and take testimony thereunder.
2. The district court in and for the county in which any investigation is being conducted by a fact finder may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the fact finder.
3. In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, the fact finder may report to the district court in and for the county in which the investigation is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this chapter;
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the fact finder in the investigation named in the subpoena, or has refused to answer questions propounded to the witness in the course of such investigation,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the fact finder.
4. The court, upon petition of the fact finder, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the fact finder. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpoena was regularly issued by the fact finder, the court shall thereupon enter an order that the witness appear before the fact finder at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
(Added to NRS by 1969, 1379; A 1971, 1507)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.220 - Certain proceedings not required to be open or public.

The following proceedings, required by or pursuant to this chapter, are not subject to any provision of NRS which requires a meeting to be open or public:
1. Any negotiation or informal discussion between a local government employer and an employee organization or employees as individuals, whether conducted by the governing body or through a representative or representatives.
2. Any meeting of a mediator with either party or both parties to a negotiation.
3. Any meeting or investigation conducted by a fact finder.
4. Any meeting of the governing body of a local government employer with its management representative or representatives.
5. Deliberations of the Board toward a decision on a complaint, appeal or petition for declaratory relief.
(Added to NRS by 1969, 1380; A 1971, 600, 1508; 1977, 1368; 1979, 287)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.270 - Employer or representative; employee or employee organization.

1. It is a prohibited practice for a local government employer or its designated representative willfully to:
(a) Interfere, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.
(b) Dominate, interfere or assist in the formation or administration of any employee organization.
(c) Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization.
(d) Discharge or otherwise discriminate against any employee because the employee has signed or filed an affidavit, petition or complaint or given any information or testimony under this chapter, or because the employee has formed, joined or chosen to be represented by any employee organization.
(e) Refuse to bargain collectively in good faith with the exclusive representative as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter.
(f) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.
(g) Fail to provide the information required by NRS 288.180.
(h) Fail to comply with the requirements of NRS 281.755.
2. It is a prohibited practice for a local government employee or for an employee organization or its designated agent willfully to:
(a) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.
(b) Refuse to bargain collectively in good faith with the local government employer, if it is an exclusive representative, as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter.
(c) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.
(d) Fail to provide the information required by NRS 288.180.
3. As used in this section:
(a) "Protective hairstyle" includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.
(b) "Race" includes traits associated with race, including, without limitation, hair texture and protective hairstyles.
(Added to NRS by 1971, 1508; A 1975, 924; 1977, 757; 2017, 1069, 1429; 2021, 1711)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.280 - Controversies concerning prohibited practices to be submitted to Board.

Any controversy concerning prohibited practices may be submitted to the Board in the same manner and with the same effect as provided in NRS 288.110, except that an alleged failure to provide information as provided by NRS 288.180 must be heard and determined by the Board as soon as possible after the complaint is filed with the Board.
(Added to NRS by 1971, 1509; A 1977, 758; 2015, 1599; 2019, 2680)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.620 - Types of prohibited practices; certain conduct deemed not to be failure to negotiate in good faith; applicability of certain decisions of Board.

1. It is a prohibited practice for the Executive Department or its designated representative willfully to:
(a) Engage in any prohibited practice applicable to a local government employer or its designated representative set forth in subsection 1 of NRS 288.270, except paragraphs (e) and (g) of that subsection.
(b) Refuse to bargain collectively in good faith with an exclusive representative as required in NRS 288.565. Bargaining collectively includes the entire bargaining process, including, without limitation, mediation or arbitration.
(c) Failure to provide the information required in NRS 288.500.
2. It is a prohibited practice for an employee or for a labor organization or its designated agent willfully to:
(a) Engage in any prohibited practice applicable to a local government employee or a labor organization or its designated representative set forth in subsection 2 of NRS 288.270, except paragraphs (b) and (d) of that subsection.
(b) Refuse to bargain in good faith with the Executive Department, if it is an exclusive representative, as required in NRS 288.540. Bargaining collectively includes the entire bargaining process, including, without limitation, mediation or arbitration.
3. The inclusion by the Governor in the biennial proposed executive budget of the State of an amount of money for the salaries, wage rates or any other form of direct monetary compensation for employees which conflicts with the terms of a collective bargaining agreement must not be construed as a failure of the Executive Department to negotiate in good faith.
4. To the greatest extent practicable, any decision issued by the Board before October 1, 2019, relating to the interpretation of, or the performance under, the provisions of NRS 288.270 shall be deemed to apply to any complaint arising out of the interpretation of, or performance under, the provisions of this section.
(Added to NRS by 2019, 3733)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.625 - Complaints, investigations and hearings regarding prohibited practices; authorized actions by Board; injunctive relief; judicial review.

1. To establish that a party committed a prohibited practice in violation of NRS 288.620, the party aggrieved by the practice must file a complaint with the Board in accordance with procedures prescribed by the Board.
2. The Board may conduct a preliminary investigation of the complaint. Based on such an investigation:
(a) If the Board determines that the complaint has no basis in law or fact, the Board shall dismiss the complaint.
(b) If the Board determines that the complaint may have a basis in law or fact, the Board shall order a hearing to be conducted in accordance with:
(1) The provisions of chapter 233B of NRS that apply to a contested case; and
(2) Any rules adopted by the Board pursuant to NRS 288.110.
3. If the Board finds at the hearing that the party accused in the complaint has committed a prohibited practice, the Board:
(a) Shall order the party to cease and desist from engaging in the prohibited practice; and
(b) May order any other affirmative relief that is necessary to remedy the prohibited practice.
4. The Board or any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 4 may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.
5. Any order or decision issued by the Board pursuant to this section concerning the merits of a complaint is a final decision in a contested case and may be appealed pursuant to the provisions of chapter 233B of NRS that apply to a contested case, except that a party aggrieved by the order or decision of the Board must file a petition for judicial review not later than 10 days after being served with the order or decision of the Board.
(Added to NRS by 2019, 3733)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.630 - Appointment of hearing officers to conduct hearings regarding prohibited practices; appeal of decision to Board; authorized actions by Board; injunctive relief; judicial review.

1. The Board may appoint a hearing officer to conduct a hearing that the Board is otherwise required to conduct pursuant to NRS 288.625.
2. A decision of the hearing officer may be appealed to the Board.
3. On appeal to the Board, the Board may consider the record of the hearing or may conduct a hearing de novo. A hearing de novo conducted by the Board must be conducted in accordance with:
(a) The provisions of chapter 233B of NRS that apply to a contested case; and
(b) Any rules adopted by the Board pursuant to NRS 288.110.
4. If the Board finds at the hearing that the party accused in the complaint has committed a prohibited practice, the Board:
(a) Shall order the party to cease and desist from engaging in the prohibited practice; and
(b) May order any other affirmative relief that is necessary to remedy the prohibited practice.
5. The Board or any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 4 may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.
6. Any order or decision issued by the Board pursuant to this section concerning the merits of a complaint is a final decision in a contested case and may be appealed pursuant to the provisions of chapter 233B of NRS that apply to a contested case, except that a party aggrieved by the order or decision of the Board must file a petition for judicial review not later than 10 days after being served with the order or decision of the Board.
(Added to NRS by 2019, 3734)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.400 - Legislative findings and declarations.

1. The Legislature hereby finds and declares that there is a great need to:
(a) Promote orderly and constructive relations between the State and its employees; and
(b) Increase the efficiency of the Executive Department of State Government.
2. It is therefore within the public interest that the Legislature enact provisions:
(a) Granting certain state employees the right to associate with others in organizing and choosing representatives for the purpose of engaging in collective bargaining;
(b) Requiring the State to recognize and negotiate wages, hours and other terms and conditions of employment with labor organizations that represent state employees and to enter into written agreements evidencing the result of collective bargaining; and
(c) Establishing standards and procedures that protect the rights of employees, the Executive Department and the people of the State.
(Added to NRS by 2019, 3730)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.405 - Definitions.

As used in NRS 288.400 to 288.630, inclusive, unless the context otherwise requires, the words and terms defined in NRS 288.410 to 288.435, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 3729; A 2021, 2802)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.420 - "Confidential employee" defined.

"Confidential employee" means an employee who provides administrative support to an employee who assists in the formulation, determination and effectuation of human resources policies or managerial policies concerning collective bargaining or supplemental bargaining.
(Added to NRS by 2019, 3729)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.425 - "Employee" defined.

1. "Employee" means a person who:
(a) Is employed in the classified service of the State pursuant to chapter 284 of NRS; or
(b) Is employed by the Nevada System of Higher Education in the classified service of the State or is required to be paid in accordance with the pay plan for the classified service of the State.
2. The term does not include:
(a) A managerial employee whose primary function, as determined by the Board, is to administer and control the business of any agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department and who is vested with discretion and independent judgment with regard to the general conduct and control of that agency, board, bureau, commission, department, division, elected officer or unit;
(b) An elected official or any person appointed to fill a vacancy in an elected office;
(c) A confidential employee;
(d) A temporary employee who is employed for a fixed period of 4 months or less;
(e) A commissioned officer or an enlisted member of the Nevada National Guard;
(f) Any person employed by the Nevada System of Higher Education who is not in the classified service of the State or required to be paid in accordance with the pay plan of the classified service of the State; or
(g) Any person employed by the Public Employees’ Retirement System who is required to be paid in accordance with the pay plan of the classified service of the State.
(Added to NRS by 2019, 3729)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.430 - "Exclusive representative" defined.

"Exclusive representative" means a labor organization that, as a result of its designation by the Board, has the exclusive right to represent all the employees within a bargaining unit and to engage in collective bargaining with the Executive Department pursuant to NRS 288.400 to 288.630, inclusive, concerning wages, hours and other terms and conditions of employment for those employees.
(Added to NRS by 2019, 3730)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.435 - "Grievance" defined.

"Grievance" means an act, omission or occurrence that an employee or an exclusive representative believes to be an injustice relating to any condition arising out of the relationship between an employer and an employee, including, without limitation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or agreement.
(Added to NRS by 2019, 3730)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.500 - Rights of employees; mutual obligations to meet and bargain in good faith; subjects of mandatory bargaining; matters reserved to Executive Department without negotiation; other authorized actions; furnishing data; applicability of certain decisions of Board.

1. For the purposes of collective bargaining, supplemental bargaining and other mutual aid or protection, employees have the right to:
(a) Organize, form, join and assist labor organizations, engage in collective bargaining and supplemental bargaining through exclusive representatives and engage in other concerted activities; and
(b) Refrain from engaging in such activity.
2. Collective bargaining and supplemental bargaining entail a mutual obligation of the Executive Department and an exclusive representative to meet at reasonable times and to bargain in good faith with respect to:
(a) The subjects of mandatory bargaining set forth in subsection 2 of NRS 288.150, except paragraph (f) of that subsection;
(b) The negotiation of an agreement;
(c) The resolution of any question arising under an agreement; and
(d) The execution of a written contract incorporating the provisions of an agreement, if requested by either party.
3. The subject matters set forth in subsection 3 of NRS 288.150 are not within the scope of mandatory bargaining and are reserved to the Executive Department without negotiation.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to the provisions of NRS 288.400 to 288.630, inclusive, the Executive Department is entitled to take the actions set forth in paragraph (b) of subsection 6 of NRS 288.150. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
5. This section does not preclude, but the provisions of NRS 288.400 to 288.630, inclusive, do not require, the Executive Department to negotiate subject matters set forth in subsection 3 which are outside the scope of mandatory bargaining. The Executive Department shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
6. The Executive Department shall furnish to an exclusive representative data that is maintained in the ordinary course of business and which is relevant and necessary to the discussion of the subjects of mandatory bargaining described in subsection 2. This subsection shall not be construed to require the Executive Department to furnish to the exclusive representative any advice or training received by representatives of the Executive Department concerning collective bargaining.
7. To the greatest extent practicable, any decision issued by the Board before October 1, 2019, relating to the interpretation of, or the performance under, the provisions of NRS 288.150 shall be deemed to apply to any complaint arising out of the interpretation of, or performance under, the provisions of this section.
(Added to NRS by 2019, 3731; A 2021, 1712)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.510 - Authority of Governor regarding salaries, wages and other employee compensation included in proposed executive budget.

Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to the provisions of NRS 288.400 to 288.630, inclusive, the Governor may include in the biennial proposed executive budget of the State any amount of money the Governor deems appropriate for the salaries, wage rates or any other form of direct monetary compensation for employees.
(Added to NRS by 2019, 3733)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.520 - Requirements for designating labor organization as exclusive representative for bargaining unit without holding election.

If no labor organization is designated as the exclusive representative of a bargaining unit and a labor organization files with the Board a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by more than 50 percent of the employees within the bargaining unit, the Board shall designate the labor organization as the exclusive representative of the bargaining unit without ordering an election.
(Added to NRS by 2019, 3736)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.525 - Requirements for designating labor organization as exclusive representative for bargaining unit following election.

1. If no labor organization is designated as the exclusive representative of a bargaining unit, the Board shall order an election to be conducted within the bargaining unit if:
(a) A labor organization files with the Board a written request for an election which includes a list of its membership or other evidence showing that it has been authorized to serve as a representative by at least 30 percent but not more than 50 percent of the employees within the bargaining unit; and
(b) No other election to choose, change or discontinue representation has been conducted within the bargaining unit during the immediately preceding 12 months.
2. If the Board designates a labor organization as the exclusive representative of a bargaining unit following an election pursuant to subsection 1 or pursuant to NRS 288.520, the Board shall order an election:
(a) If either:
(1) Another labor organization files with the Board a written request for an election which includes a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by at least 50 percent of the employees within the bargaining unit; or
(2) A group of employees within the bargaining unit files with the Board a written request for an election which includes a list or other evidence showing that more than 50 percent of the employees within the bargaining unit have requested that an election be conducted to change or discontinue representation;
(b) If applicable, the request filed pursuant to paragraph (a) is filed not more than 270 days and not less than 225 days before the date on which the current collective bargaining agreement in effect for the bargaining unit expires; and
(c) If no other election to choose, change or discontinue representation has been conducted within the bargaining unit during the immediately preceding 12 months.
(Added to NRS by 2019, 3736)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.530 - Procedures for holding election to determine exclusive representative for bargaining unit.

1. If the Board orders an election within a bargaining unit pursuant to NRS 288.525, the Board shall order that each of the following be placed as a choice on the ballot for the election:
(a) If applicable, the labor organization that requested the election pursuant to NRS 288.525;
(b) If applicable, the labor organization that is presently designated as the exclusive representative of the bargaining unit;
(c) Any other labor organization that, on or before the date that is prescribed by the rules adopted by the Board, files with the Board a written request to be placed on the ballot for the election and includes with the written request a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by at least 30 percent of the employees within the bargaining unit; and
(d) A choice for "no representation."
2. If a ballot for an election contains more than two choices and none of the choices on the ballot receives a majority of the votes cast at the initial election, the Board shall order a runoff election between the two choices on the ballot that received the highest number of votes at the initial election.
3. If the choice for "no representation" receives a majority of the votes cast at the initial election or at any runoff election, the Board shall designate the bargaining unit as being without representation.
4. If a labor organization receives a majority of the votes cast at the initial election or at any runoff election, the Board shall designate the labor organization as the exclusive representative of the bargaining unit.
(Added to NRS by 2019, 3736)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.535 - Duties of Board in presiding over election to determine exclusive representative for bargaining unit; objections to results of election; grounds for invalidating election.

1. The Board shall preside over all elections that are conducted pursuant to NRS 288.525 and shall determine the eligibility requirements for employees to vote in any such election.
2. A labor organization that is placed as a choice on the ballot for an election or any employee who is eligible to vote at an election may file with the Board a written objection to the results of the election. The objection must be filed not later than 10 days after the date on which the notice of the results of the election is given by the Board.
3. In response to a written objection filed pursuant to subsection 2 or upon its own motion, the Board may invalidate the results of an election and order a new election if the Board finds that any conduct or circumstances raise substantial doubt that the results of the election are reliable.
(Added to NRS by 2019, 3737)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.540 - Duties of exclusive representative for bargaining unit; rights of employees and exclusive representative regarding grievances; labor organization may serve as exclusive representative for multiple bargaining units.

1. Except as otherwise provided in subsection 2, an exclusive representative shall:
(a) Act as the agent and exclusive representative of all employees within each bargaining unit that it represents; and
(b) In good faith and on behalf of each bargaining unit that it represents, individually or collectively, bargain with the Executive Department concerning the wages, hours and other terms and conditions of employment for the employees within each bargaining unit that it represents, including, without limitation, any terms and conditions of employment that are within the scope of supplemental bargaining pursuant to NRS 288.585.
2. If an employee is within a bargaining unit that has an exclusive representative, the employee has the right to present grievances to the Executive Department at any time and to have those grievances adjusted without the intervention of the exclusive representative if:
(a) The exclusive representative is given an opportunity to be present at any meetings or hearings related to the adjustment of the grievance and provided a copy of the adjustment of the grievance; and
(b) The adjustment of the grievance is not inconsistent with the provisions of the collective bargaining agreement or any supplemental bargaining agreement then in effect.
3. A labor organization may serve as an exclusive representative for multiple bargaining units established pursuant to NRS 288.515.
(Added to NRS by 2019, 3737)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.545 - Withholding from salary or wages to pay dues or fees to labor organization designated as exclusive representative for bargaining unit.

If the Board designates a labor organization as the exclusive representative of a bargaining unit pursuant to NRS 288.400 to 288.630, inclusive, an officer of the Executive Department shall not, pursuant to NRS 281.129, withhold any amount of money from the salary or wages of an employee within the bargaining unit to pay dues or similar fees to a labor organization other than the labor organization that is the exclusive representative of the bargaining unit.
(Added to NRS by 2019, 3738)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.550 - Term of collective bargaining agreements; continuation of agreements beyond term under certain circumstances.

Except as otherwise provided in this section, the term of a collective bargaining agreement must begin on July 1 of an odd-numbered year and must end on June 30 of the next odd-numbered year. If the parties cannot agree to a new collective bargaining agreement before the end of the term of a collective bargaining agreement, the terms of that collective bargaining agreement remain in effect until a new collective bargaining agreement takes effect.
(Added to NRS by 2019, 3738)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.555 - Collective bargaining agreements must be approved by State Board of Examiners at public hearing.

1. Any new, extended or modified collective bargaining agreement or similar agreement between the Executive Department and an exclusive representative must be approved by the State Board of Examiners at a public hearing.
2. Not less than 3 business days before the date of the hearing, the State Board of Examiners shall cause the following documents to be posted and made available for downloading on the Internet website used by the State Board of Examiners to provide public notice of its meetings:
(a) The proposed agreement and any exhibits or other attachments to the proposed agreement;
(b) If the proposed agreement is a modification of a previous agreement, a document showing any language added to or deleted from the previous agreement; and
(c) Any supporting material prepared for the governing body and relating to the fiscal impact of the agreement.
3. At the hearing, the State Board of Examiners shall consider the fiscal impact of the agreement.
(Added to NRS by 2019, 3738)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.560 - Effective date of provisions of collective bargaining agreements; exception for provisions that require legislative measure to be given effect; duty of Governor to request drafting of legislative measure.

If a provision of a collective bargaining agreement:
1. Does not require an act of the Legislature to be given effect, the provision becomes effective in accordance with the terms of the agreement.
2. Requires an act of the Legislature to be given effect:
(a) The Governor shall request the drafting of a legislative measure pursuant to NRS 218D.175 to effectuate the provision; and
(b) The provision becomes effective, if at all, on the date on which the act of the Legislature becomes effective.
(Added to NRS by 2019, 3738)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.565 - Duty of Governor to designate representative to negotiate collective bargaining agreements on behalf of Executive Department; selection and scheduling of mediator and arbitrator; time for conducting negotiations.

1. The Governor shall designate a representative to conduct negotiations concerning collective bargaining agreements on behalf of the Executive Department. The representative may, with the approval of the Governor, delegate the responsibility to conduct such negotiations to another person.
2. A representative designated pursuant to subsection 1 and an exclusive representative shall:
(a) Begin negotiations concerning a collective bargaining agreement within 60 days after one party notifies the other party of the desire to negotiate or on or before October 1 of each even-numbered year, whichever is earlier; and
(b) Before beginning negotiations concerning a collective bargaining agreement pursuant to paragraph (a), select a mediator and arbitrator for the purposes of mediation and arbitration pursuant to NRS 288.570 and 288.575, respectively, and, to the extent possible, determine and reserve with the mediator and arbitrator selected by the parties the calendar days when such mediation and arbitration would occur should the parties not reach a collective bargaining agreement.
3. As soon as practicable after the Board designates an exclusive representative of an unrepresented bargaining unit pursuant to NRS 288.400 to 288.630, inclusive, the exclusive representative shall engage in collective bargaining with the representative designated pursuant to subsection 1 as required by NRS 288.540 to establish a collective bargaining agreement with a term ending on June 30 of the next odd-numbered year.
(Added to NRS by 2019, 3738; A 2023, 2986)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.570 - Request for mediation if parties cannot reach collective bargaining agreements; time for conducting mediation.

1. Either party may request a mediator selected pursuant to NRS 288.565 if the parties do not reach a collective bargaining agreement:
(a) Within 120 days after the date on which the parties began negotiations or on or before February 1 of an odd-numbered year, whichever is earlier; or
(b) On or before any later date set by agreement of the parties.
2. The mediator shall bring the parties together as soon as possible after a request is made pursuant to subsection 1 and shall attempt to settle each issue in dispute within 10 days after the request was made pursuant to subsection 1 or any later date set by agreement of the parties.
(Added to NRS by 2019, 3739; A 2023, 2986)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.575 - Discontinuance of mediation; time for conducting arbitration; procedures; payment of costs.

1. If a mediator requested pursuant to NRS 288.570 determines that his or her services are no longer helpful or if the parties do not reach a collective bargaining agreement through mediation within 10 days after a request made pursuant to NRS 288.570 or on or before any later date set by agreement of the parties, the mediator shall discontinue mediation and the parties shall engage in arbitration. Any proposal that conflicts or is otherwise inconsistent with any provision of state law, other than the provisions of chapters 284 and 287 of NRS, shall be considered withdrawn by the proposing party when mediation is discontinued.
2. The arbitrator shall begin arbitration proceedings on or before February 15 of an odd-numbered year or any later date set by agreement of the parties.
3. The arbitrator and the parties shall apply and follow the procedures for arbitration that are prescribed by any rules adopted by the Board pursuant to NRS 288.110. During arbitration, the parties retain their respective duties to negotiate in good faith.
4. The arbitrator may administer oaths or affirmations, take testimony and issue and seek enforcement of a subpoena in the same manner as the Board pursuant to NRS 288.120, and, except as otherwise provided in subsection 6, the provisions of NRS 288.120 apply to any subpoena issued by the arbitrator.
5. The arbitrator shall render a decision on or before March 5 of an odd-numbered year or any later date set by agreement of the parties.
6. The Executive Department and the exclusive representative shall each pay one-half of the cost of arbitration.
(Added to NRS by 2019, 3739; A 2023, 2986)
2023 Nevada Revised Statutes › Chapter 288 - Relations Between Governments and Public Employees › NRS 288.580 - Requirements and standards for decision of arbitrator; decision is final and binding.

1. For issues in dispute after arbitration proceedings are held pursuant to NRS 288.575, the arbitrator shall incorporate either the final offer of the Executive Department or the final offer of the exclusive representative into his or her decision. The decision of the arbitrator shall be limited to a selection of one of the two final offers of the parties. The arbitrator shall not revise or amend the final offer of either party on any issue.
2. To determine which final offer to incorporate into his or her decision, the arbitrator shall assess the reasonableness of:
(a) The position of each party as to each issue in dispute; and
(b) The contractual terms and provisions contained in each final offer.
3. In assessing reasonableness pursuant to subsection 2, the arbitrator shall:
(a) Compare the wages, hours and other terms and conditions of employment for the employees within the bargaining unit with the wages, hours and other terms and conditions of employment for other employees performing similar services and for other employees generally:
(1) In public employment in comparable communities; and
(2) In private employment in comparable communities; and
(b) Consider, without limitation:
(1) The financial ability of the State to pay the costs associated with the proposed collective bargaining agreement, with due regard for the primary obligation of the State to safeguard the health, safety and welfare of the people of this State;
(2) The average prices paid by consumers for goods and services in geographic location where the employees work; and
(3) Such other factors as are normally or traditionally used as part of collective bargaining, mediation, arbitration or other methods of dispute resolution to determine the wages, hours and other terms and conditions of employment for employees in public or private employment.
4. The decision of the arbitrator is final and binding upon the parties.
(Added to NRS by 2019, 3739)