reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.110 - Elections

Current through June 11, 2024
1. All elections conducted pursuant to
			 chapter 288 of NRS will be conducted under the supervision of the Board or its
			 agent.
2. Any party may be
			 represented at the election by observers selected in accordance with such
			 limitations as the Board may prescribe.
3. Any observer or the Board's agent
			 conducting the election may challenge for good cause the eligibility of any
			 person to vote in the election. The ballots of challenged persons will be
			 impounded.
4. Upon the conclusion
			 of the election, the ballots will be counted in the presence of the parties or
			 their observers and the Board's agent conducting the election. The agent will
			 furnish parties with a tally of the ballots.
5. Except as otherwise provided in this
			 subsection, the ballots must be kept for at least 6 months after an election,
			 after which period the ballots may be destroyed. If a timely objection to the
			 election is filed with the Board or a petition for judicial review concerning
			 the election is filed in district court, the ballots must be kept until after
			 the conclusion of any Board or court proceeding concerning the
			 election.
6. Provisions may be made
			 for a nonunion vote and for linguistic assistance.
7. If the results are inconclusive, the Board
			 will conduct a runoff election.
8.
			 Within 7 days after the election, any party may file with the Board objections
			 to the conduct of the election or conduct affecting the results of the
			 election. The objections must be in writing and contain a brief statement of
			 facts upon which the objections are based. Except as otherwise provided in NAC
			 288.075, a sworn original and six
			 copies of the objections must be signed and filed with the Board. The party
			 filing the objections shall serve a copy upon each of the other
			 parties.
9. If challenges which
			 affect the results of the election or objections raise a substantial question
			 which cannot be resolved without a hearing, the Board may issue and serve
			 notice of a hearing on these issues.
10. An employee organization will be
			 considered the exclusive bargaining agent for local government employees within
			 a bargaining unit, pursuant to an election, if:
(a) Challenged ballots are insufficient in
			 number to affect the results;
(b)
			 No runoff election is to be held;
(c) No timely objections are filed;
			 and
(d) The election demonstrates
			 that the employee organization is supported by a majority of the local
			 government employees within the particular bargaining unit.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.115 - Elections: Written request by labor organization; notice; timing

Current through June 11, 2024
1. If a labor organization files with the
			 Board a written request for an election pursuant to paragraph (a) of subsection
			 1 of NRS
			 288.525, the Board will post a copy of the
			 written request and any information received by the Board relating to the
			 written request on the Internet website maintained by the Board.
2. Any person may request that the Board
			 notify the person if a labor organization files a written request for an
			 election pursuant to paragraph (a) of subsection 1 of
			 NRS
			 288.525 or the Board receives any additional
			 information related to such a request. The Board will provide such notice by
			 electronic mail to any person who submits such a request.
3. If the Board orders an election within a
			 bargaining unit pursuant to subsection 1 of
			 NRS
			 288.525, the election must not occur sooner
			 than 14 days after the date on which such an order is made.
4. Any labor organization that wishes to be
			 placed on the ballot for an election pursuant to paragraph (c) of subsection 1
			 of NRS
			 288.530 must file a written request to be
			 placed on the ballot for the election within 14 days after the date on which
			 the Board orders an election.
Added to NAC
				by Local Gov't Employee-Mgt. Rel. Bd. by
				R056-19A,
				eff. 12/30/2019
NRS
				233B.040,
				288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.120 - Use of election results in determination of bargaining unit

Current through June 11, 2024
The Board may use the results of an election conducted
				pursuant to NAC 288.110 as additional information for its determination of a
				bargaining unit.
Local Gov't
				Employee-Mgt. Rel. Bd., No. 6.03, eff. 11-12-71; A
				1-1-72
NRS
				  288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.130 - Appeal of determination of bargaining unit

Current through June 11, 2024
If any labor organization or employee organization is aggrieved
				by the determination of a bargaining unit, it may appeal to the Board in
				accordance with the provisions of NAC
				288.075 and
				288.200 to
				288.375,
				inclusive.
Local Gov't
				Employee-Mgt. Rel. Bd., No. 6.02, eff. 11-12-71-NAC A 3-11-96; R135-03,
				10-30-2003; A by
				R043-13,
				eff. 10/24/2014; A by
				R010-15,
				eff. 10/27/2015; A by
				R074-17AP,
				eff. 2/27/2018; A by
				R056-19A,
				eff. 12/18/2019
NRS
				233B.040,
				288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.140 - Lists of organizations recognized by employers

Current through June 11, 2024
Before December 1 of each year, each government employer shall
				file with the Board:
1. The name and
			 contact information for the person designated by the government employer to
			 receive all official communications from the Board, except for those
			 communications related to a case before the Board for which an attorney has
			 filed an appearance; and
2. A list
			 of all labor organizations or employee organizations, as applicable, that the
			 government employer is currently recognizing and a description of the
			 bargaining unit for each such organization.
Local Gov't
				Employee-Mgt. Rel. Bd., No. 6.03, eff. 1-10-73; A 12-15-75-NAC A 9-30-88; A by
				R010-15,
				eff. 10/27/2015; A by
				R056-19A,
				eff. 12/18/2019
NRS
				233B.040,
				288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.143 - Application for recognition of organization; petition to challenge sufficiency of application

Current through June 11, 2024
An employee organization that wishes to be recognized as the
				bargaining agent for a group of local government employees who are not yet
				represented by an employee organization must apply to the local government
				employer for recognition pursuant to
				NRS
				288.160. The local government employer may
				challenge the sufficiency of the application for recognition by filing a
				petition, in the form of a pleading, with the Board within 10 days after
				receipt of the application.
Added to NAC by Local
				Gov't Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03,
				10-30-2003
NRS
				  288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.145 - Withdrawal of recognition of organization by local government employer

Current through June 11, 2024
1. In addition to the reasons set forth in
			 subsection 3 of NRS
			 NRS
			 288.160, a local government employer may
			 withdraw recognition of an employee organization if the employee organization:
(a) Voluntarily withdraws in writing as the
			 bargaining representative; or
(b)
			 Fails to notify the employer pursuant to
			 NRS
			 288.180 that it desires to
			 negotiate.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.146 - Withdrawal of recognition of organization upon petition by another employee organization

Current through June 11, 2024
1. During the term
			 of an existing labor agreement which covers a period of not more than 3 years
			 and during negotiations for a successor agreement through fact-finding or
			 binding arbitration, or both, recognition of an employee organization may be
			 withdrawn at the request of another employee organization if the Board has
			 determined, pursuant to a hearing requested during a period specified in
			 subsection 2, that the recognized employee organization has ceased to be
			 supported by a majority of the local government employees in the bargaining
			 unit for which it is recognized.
2.
			 An employee organization may challenge recognition of another employee
			 organization by filing with the Board a petition for a hearing to determine
			 whether a recognized employee organization has ceased to be supported by a
			 majority of the local government employees in a bargaining unit. The petition
			 must be filed in the form of a pleading and may only be filed during the
			 period:
(a) Beginning upon the filing of
			 notice by the recognized employee organization pursuant to
			 NRS
			 288.180 of its desire to negotiate a
			 successor agreement and ending upon the commencement of negotiations for such
			 an agreement; or
(b) Beginning 242
			 days before the expiration date of the existing labor agreement and ending 212
			 days before the expiration of the labor agreement.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.147 - Lists of officers and representatives of organizations

Current through June 11, 2024
Between November 1 and December 1 of each year, each employee
				organization and labor organization shall file with the Board:
1. The name and contact information of the
			 person designated by the employee organization or labor organization, as
			 applicable, to receive all official communications from the Board, except for
			 those communications related to a case before the Board for which an attorney
			 has filed an appearance; and
2. A
			 list of its current officers and representatives, including, but not limited
			 to, any and all elected officials and other professional representatives
			 retained to administer the various activities of the employee organization or
			 labor organization, as applicable. The employee organization or labor
			 organization may elect, appoint or retain additional or other officers and
			 representatives subsequent thereto.
Added to NAC by Local
				Gov't Employee-Mgt. Rel. Bd., eff. 9-30-88; A by
				R010-15,
				eff. 10/27/2015; A by
				R056-19A,
				eff. 12/18/2019
NRS
				233B.040,
				288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.150 - Fact finder: Personal assessment of merits prohibited; schedule for hearing; record of proceedings; report

Current through June 11, 2024
1. A fact finder
			 shall not make a personal assessment of the substantive merits of any issue
			 submitted to him.
2. The fact
			 finder shall inform any party requesting binding fact-finding of the schedule
			 of the dates and times for the hearing established pursuant to subsection 4 of
			 NRS
			 288.201.
3. If any fact finder fails to establish a
			 schedule of dates and times for the hearing, the requesting party must report
			 the failure to the Commissioner and inform the Commissioner of the diligent
			 efforts made by the party in obtaining dates and times from the fact
			 finder.
4. A fact finder shall keep
			 a full record of his proceedings. The record must be preserved so that a
			 transcript may be available at the request of the Board.
5. The report of the fact finder to the
			 parties must contain:
(a) A background
			 statement;
(b) A statement of the
			 issues in dispute;
(c) A statement
			 of the position of the parties;
(d)
			 The findings of fact;
(e)
			 Conclusions based on the findings of fact;
(f) The determinations of the fact finder;
			 and
(g) Any special explanatory
			 comments.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS AND LABOR ORGANIZATIONS › Section 288.155 - Fact finder: Effect of failure to schedule hearing

Current through June 11, 2024
Any failure of a fact finder to establish a schedule of dates
				and times for a hearing pursuant to subsection 4 of
				NRS
				288.200 does not prejudice the rights of any
				party requesting binding fact-finding.
Added to NAC by Local
				Gov't Employee-Mgt. Rel. Bd., eff. 9-30-88
NRS
				  288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.200 - Complaint

Current through June 11, 2024
1. In addition to any other applicable
				requirements set forth in NAC
				288.231, a complaint must
				include:
(a) The full name of the
				complainant;
(b) The full name of
				the respondent;
(c) A clear and
				concise statement of the facts constituting the alleged practice sufficient to
				raise a justiciable controversy under chapter 288 of NRS, including the time
				and place of the occurrence of the particular acts and the names of persons
				involved; and
(d) The legal
				authority under which the complaint is made.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.205 - Complaint for expedited review concerning right of employee to express breast milk: Procedure for filing, hearing and deciding such complaint

Current through June 11, 2024
1. In lieu of complying with the provisions
				of NAC 288.200 to 288.370, inclusive, an employee who:
(a) Is a nursing mother described in
				paragraph (d) of subsection 4 of NRS 281.755; and
(b) Complains solely of an alleged violation
				of paragraph (h) of subsection 1 of NRS 288.270, Ê may elect to file a
				complaint in the form required by the Board and comply with the provisions of
				this section.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.211 - Preliminary investigation of complaint

Current through June 11, 2024
1. In determining
				whether to conduct a preliminary investigation of a complaint pursuant to
				NRS
				288.625, the Board will consider:
(a) Whether the complainant or petitioner is
				represented by counsel;
(b) Whether
				the complainant or petitioner has conducted an investigation of the complaint
				or similar complaints;
(c) The
				number of persons affected by the alleged violation; and
(d) The amount of time and resources
				necessary to conduct the investigation.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.220 - Answer

Current through June 11, 2024
1. A respondent may file an answer in the
				form of a pleading and not later than 20 days after the receipt of a
				complaint.
2. An answer must
				contain a clear and concise statement of the facts which constitute a defense.
				The respondent must specifically admit, deny or explain each of the allegations
				in the complaint unless he or she is without knowledge, in which case the
				respondent shall so state and the statement shall be deemed a denial. Any
				allegation in the complaint not specifically denied in the answer, unless it is
				stated in the answer that the respondent is without knowledge, shall be deemed
				to be admitted to be true.
3. If an
				answer is not made within the prescribed time, the dilatory party is precluded,
				except with the consent of the opposing party or the Board, from asserting any
				affirmative defense in the proceeding.
4. An answer must be signed and filed with
				the Board.
5. Except as otherwise
				specifically provided by this chapter or chapter 288 of NRS, a respondent shall
				not attach any document, including, without limitation, an exhibit, to an
				answer.
Local
				  Gov't Employee-Mgt. Rel. Bd., No. 2.06, eff. 11-12-71; A 1-10-73; No. 2.07,
				  eff. 11-12-71-NAC A 9-30-88; R135-03, 10-30-2003; A by
				  R043-13,
				  eff. 10/24/2014; A by
				  R010-15,
				  eff. 10/27/2015; A by
				  R034-16A,
				  eff. 9/9/2016
NRS
				  NRS
				  288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.231 - Form of pleadings and motions

Current through June 11, 2024
1. Pleadings and
				written motions filed with the Board, including, without limitation, a
				complaint, petition, application or request, must:
(a) Be properly titled;
(b) Be signed by an authorized
				person;
(c) State the name and,
				unless the pleading is a complaint, address of each party;
(d) Clearly identify the proceeding by
				title;
(e) Include the case number
				if a case number has been assigned;
(f) Include an appropriate caption, if
				applicable;
(g) Set forth a clear
				and concise statement of the matters relied upon as a basis for the action or
				relief requested and an appropriate prayer;
(h) Except as otherwise provided in NAC
				288.075, be clear, legible and
				typewritten or printed by a computer on white, unglazed paper that is 8 1/2 by
				11 inches in size and that is not lighter than 16 pounds;
(i) Except as otherwise provided in NAC
				288.075, be firmly bound together
				at the upper left-hand corner of the document; and
(j) Not exceed 30 pages, except with the
				permission of the Board.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.235 - Amendment of pleadings and motions; liberal construction

Current through June 11, 2024
1. If not otherwise prohibited by law and if
				substantial rights of the parties will not be prejudiced, the Board may allow
				any pleading or motion to be amended or corrected, or any omission in the
				pleading, motion or other papers to be cured.
2. Pleadings, motions and other papers will
				be liberally construed, and any defects which do not affect substantial rights
				of any party may be disregarded by the Board.
Added to NAC by Local
				  Gov't Employee-Mgt. Rel. Bd., eff. 9-30-88
NRS
					 288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.240 - Motions

Current through June 11, 2024
1. Any request for an order by the Board,
				except for an order to permit intervention, concerning any matter that has been
				assigned a case number and that has not been finally decided by the Board must
				be styled a "motion."
2. All
				motions made before or after a hearing must be filed in writing with the Board.
				Motions made at a hearing must be stated orally and must be included in the
				stenographic report of the hearing.
3. A motion directed at a complaint or
				petition must be written and filed before the answer or response is
				due.
4. Within 14 days after
				service of any motion, all parties wishing to respond to the points raised in
				the motion shall file their opposition to the motion. That opposition must be
				in writing, unless made during the hearing. Within 14 days after service of the
				opposition to the motion, the moving party may respond to the points raised in
				the opposition.
5. A certificate of
				service must be attached to the original opposition or response, indicating
				that the opposition or response has been served on the opposing party, unless
				the opposition or response is made during a hearing.
6. If a party fails to file and serve a
				written opposition to a motion, that failure to respond may be construed as an
				admission that the motion is meritorious and as consent to granting the
				motion.
Local
				  Gov't Employee-Mgt. Rel. Bd., No. 3.03, eff. 11-12-71; A 1-10-73; No. 3.035,
				  eff. 7-1-74-NAC A 9-30-88; R135-03, 10-30-2003; A by
				  R043-13,
				  eff. 10/24/2014; A by
				  R056-19A,
				  eff. 12/18/2019
NRS
				  233B.040,
				  288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.245 - Motion to file amicus brief; request by Board for filing of amicus briefs in contested cases

Current through June 11, 2024
1. Any person or
				governmental entity claiming an interest in a dispute or controversy that is
				the subject of a hearing before the Board may, by motion, request leave of the
				Board to file an amicus brief. If the Board grants the motion, it may impose
				terms and conditions related to the brief.
2. The Board may request in writing that one
				or more government employers , labor organizations and employee organizations
				file amicus briefs in any contested case on such terms and conditions as are
				specified in the request.
Added to
				  NAC by Local Gov't Employee-Mgt. Rel. Bd.
				  R074-17AP,
				  eff. 2/27/2018; A by
				  R056-19A,
				  eff. 12/18/2019
NRS
				  233B.040,
				  288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.250 - Prehearing statement

Current through June 11, 2024
1. Not later than
				21 days after the service of the answer, unless otherwise ordered by the Board
				or Commissioner, each party shall file with the Board the prehearing statement
				of the party which includes:
(a) A plain and
				concise statement of the issues of fact and law to be determined by the Board
				which have not been resolved by negotiation or otherwise;
(b) A memorandum of law or points and
				authorities in support of the party's position, including a list of significant
				differences or close similarities of the issue or issues to any prior
				determinations of the Board;
(c) A
				statement of whether there are any pending or anticipated administrative,
				judicial or other proceedings related to the subject of the hearing and, if so,
				a description of the manner in which those proceedings may affect the hearing
				and an opinion concerning whether the hearing should be stayed pending the
				outcome of any such proceedings;
(d) A list of witnesses and their
				qualifications, including a brief summary of their expected testimony;
				and
(e) An estimate, to the nearest
				hour, of the time needed for the presentation of the party's
				position.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.253 - Extension to file certain documents

Current through June 11, 2024
1. Upon written
				stipulation of the parties, the Commissioner may approve a request to extend
				the time to file any document described in NAC 288.220 to 288.250, inclusive,
				if the Commissioner determines that the proposed extension of time will not
				delay any hearing for the case that may be authorized by the Board. Any
				stipulated request for an extension that is not approved by the Commissioner
				must be approved by the Board.
2.
				This section does not prohibit a party from filing a motion to extend time for
				filing a document.
Added to
				  NAC by Local Gov't Employee-Mgt. Rel. Bd. by
				  R010-15,
				  eff. 10/27/2015
NRS
					 288.110
The section number and name will be updated when
					 available.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.255 - Settlement conference

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 3, the Board may order the parties to
				participate in a settlement conference upon the motion of any party or its own
				motion.
2. The Commissioner shall
				conduct any settlement conference ordered by the Board pursuant to subsection
				1.
3. The Board will not order a
				settlement conference for any matter for which a preliminary investigation of a
				complaint has been completed pursuant to subsection 2 of section 27 of Senate
				Bill No. 135, chapter 590, Statutes of Nevada 2019, at page 3733 (NRS 288.625
				), or any matter that is:
(a) An appeal of the
				determination of a bargaining unit brought pursuant to subsection 5 of
				NRS
				288.170;
(b) A proceeding relating to an application
				for the recognition of an employee organization filed pursuant to
				NRS
				288.160; or
(c) A proceeding commenced upon a petition
				for a declaratory order filed pursuant to NAC
				288.380.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.260 - Intervention

Current through June 11, 2024
1. Any person claiming an interest in a
				dispute or controversy which is the subject of a hearing may be made a party
				upon timely petition and a showing satisfactory to the Board of the person's
				interest in the controversy.
2. A
				petition to intervene must include the following information:
(a) The nature of the petitioner's statutory
				or other right;
(b) The nature and
				extent of the petitioner's interest;
(c) The effect of any decision in the
				proceedings on the petitioner's interest;
(d) Other means available whereby the
				petitioner's interest may be protected;
(e) The extent to which the petitioner's
				interest may be represented by existing parties;
(f) The extent to which the petitioner's
				participation can assist in the development of a sound record;
(g) The extent to which the petitioner's
				participation will broaden the issues or delay the proceedings;
(h) The extent to which the petitioner's
				interest in the proceedings differs from that of the general public;
(i) How the petitioner's intervention would
				serve the public interest;
(j) If
				affirmative relief is sought, the type and basis of that relief;
(k) A statement as to whether the petitioner
				intends to present evidence in the proceeding; and
(l) The name and address of the
				petitioner.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.262 - Petition to intervene: Filing; response

Current through June 11, 2024
1. A petition
				for leave to intervene and proof of service of a copy of the petition on each
				party of record must be filed with the Board at least 30 days before the time
				set for the hearing. A response to the petition may be made by any party not
				later than 7 days after receipt of the petition.
2. If a petition for leave to intervene is
				filed after the applicable period, the petition must state to the satisfaction
				of the Board a substantial reason for the delay. If a reason is not stated, the
				petition may be summarily denied by the Board.
Added to NAC by Local
				  Gov't Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003; A by
				  R056-19A,
				  eff. 12/18/2019
NRS
				  233B.040,
				  288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.265 - Limitation on number of interveners

Current through June 11, 2024
When two or more interveners have substantially the same
				  interests and positions, the Board may limit the number of interveners who will
				  be permitted to cross-examine witnesses, make and argue motions, or make
				  objections during the course of the hearing.
Added to NAC by Local
				  Gov't Employee-Mgt. Rel. Bd., eff. 9-30-88
NRS
					 288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Motions, Complaints and Other Papers › Section 288.270 - Form of appeals

Current through June 11, 2024
The submission of an appeal made pursuant to
				  NRS
				  288.160 or
				  288.170
				  must follow the same form outlined for complaints except that the terms
				  "appeal" and "appellant" must be substituted for "complaint" and
				  "complainant."
Local Gov't
				  Employee-Mgt. Rel. Bd., part No. 2.03, eff. 11-12-71; A 1-10-73; 12-15-75-NAC A
				  9-30-88
NRS
					 288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Panels › Section 288.271 - Establishment; assignment of members of Board to panel; presiding officer

Current through June 11, 2024
1. The Commissioner may establish one or more
				panels as the Commissioner deems necessary. Each panel must be designated
				"Panel A," "Panel B" and so forth according to the number of panels
				established.
2. To the extent
				consistent with the provisions of subsection 3 of
				NRS
				288.090, if two or more panels are
				established:
(a) The Commissioner shall assign
				each member of the Board to a panel or panels.
(b) Each member of the Board must be assigned
				to the same number of panels as every other member of the Board.
(c) If the absence of one or more members of
				a panel would otherwise require the postponement of a hearing, the Commissioner
				may randomly assign another member or members of the Board to the panel for the
				purposes of the hearing and disposition of the matter. If the Commissioner
				randomly assigns another member or members of the Board to the panel pursuant
				to this paragraph:
(1) The agenda for the
				meeting of the panel must indicate that the Commissioner has taken such action;
				and
(2) The member or members
				randomly assigned to the panel shall continue to participate in the panel for
				purposes of the hearing and disposition of the matter, including, without
				limitation, when the matter is deliberated or disposed of at a future meeting
				of the panel.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Panels › Section 288.2715 - Scheduling of meetings of panel; assignment of cases and stipulations to dismiss; assignment of cases involving statewide significance to full Board

Current through June 11, 2024
1. The Commissioner shall schedule the
				meetings of each panel in consultation with the members of the panel.
2. Except as otherwise provided in this
				section and section 5 , whenever a case is commenced before the Board by the
				filing of a complaint, petition or other pleading, the Commissioner shall
(a) Assign the case to the full Board;
				or
(b) Appoint an initial panel, to
				consider whether a hearing should be held in the case.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Panels › Section 288.2718 - Split decision: Filing and service of petition for reconsideration by full Board; failure to file timely petition constitutes final decision for purposes of judicial review

Current through June 11, 2024
1. Any party
				aggrieved by a split decision of a panel may file a petition for
				reconsideration of the split decision by the full Board. If the decision of a
				panel is a split decision only in part, only the split decision is properly the
				subject of a petition for reconsideration.
2. A petition for reconsideration must be
				filed and served within 15 days after service by the panel of a written notice
				of entry of the split decision of the panel.
3. The failure of any party to submit a
				timely petition for reconsideration pursuant to this section constitutes an
				agreement that the split decision of the panel is a final decision of the Board
				for the purposes of NRS 233B.130.
Added to
				  NAC by Local Gov't Employee-Mgt. Rel. Bd.
				  R074-17AP,
				  eff. 2/27/2018
NRS 288.090,
				  288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Panels › Section 288.272 - Split decision: Requirements for petition for reconsideration and supporting memorandum of points and authorities; raising of point for first time in petition for reconsideration

Current through June 11, 2024
1. A petition for
				reconsideration by the full Board must be supported by a memorandum of points
				and authorities and contain such arguments, consistent with the provisions of
				this section, as the petitioner desires to present. Except by written leave of
				the Chair of the Board or the Vice Chair of the Board in the absence of the
				Chair, the petition must not exceed 30 pages in length, inclusive of the
				supporting memorandum of points and authorities.
2. The petition for reconsideration and
				supporting memorandum of points and authorities must:
(a) State the reasons that reconsideration by
				the full Board is necessary to secure and maintain uniformity of the decisions
				of the Board; and
(b) Demonstrate
				that the split decision of the panel is contrary to prior decisions of the
				Board, with specific citations to those decisions.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Panels › Section 288.2725 - Split decision: Approval or denial of petition for reconsideration by full Board; oral argument if petition approved; petition for rehearing

Current through June 11, 2024
1. The full Board will consider a timely
				petition for reconsideration and may grant or deny it not later than 5 days
				before the expiration of the time for filing a petition for judicial review set
				forth in NRS
				233B.130. The Board will grant a petition for
				reconsideration upon the votes of any two or more members of the Board. If no
				action is taken by the Board within the time specified, the petition for
				reconsideration shall be deemed denied.
2. If a petition for reconsideration by the
				full Board is:
(a) Granted, the members of the
				Board will review the administrative record, after which the Board will hear
				oral argument on such terms as the Chair of the Board deems
				appropriate.
(b) Denied, the split
				decision of the panel is the final decision of the Board for the purposes of
				NRS
				233B.130.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.273 - Prehearing conference

Current through June 11, 2024
1. The Board or
				Commissioner may, upon written notice to all parties of record, hold a
				prehearing conference to:
(a) Formulate or
				simplify the issues;
(b) Obtain
				admissions of fact which will avoid unnecessary proof;
(c) Discuss any proposed exhibits which were
				exchanged between the parties;
(d)
				Limit the number of witnesses; and
(e) Establish any other procedure which may
				expedite the orderly conduct and disposition of the proceedings.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.275 - Consolidation

Current through June 11, 2024
1. The Board may consolidate two or more
				cases in any one hearing when it appears that the issues are substantially the
				same and that the rights of the parties will not be prejudiced by a
				consolidated hearing.
2. At a
				consolidated hearing, the Board will determine the order in which the parties
				introduce their evidence and the general procedure to be followed during the
				course of the consolidated proceeding.
3. The Board will apportion the costs of the
				hearing among the parties.
4.
				Unless the Board orders otherwise, the Commissioner shall place the same date
				of issuance and the same effective date, if applicable, on all orders made by
				the Board in relation to a consolidated hearing.
Added to NAC by Local
				  Gov't Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03,
				  10-30-2003
NRS
					 288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.276 - Duties of hearing officer; written objection to recommended decision or order; duties of Board

Current through June 11, 2024
1. A hearing
				officer appointed by the Board pursuant to
				NRS
				288.630 to conduct a hearing that the Board
				is otherwise required to conduct pursuant to
				NRS
				288.625 shall:
(a) Comply with any requirements for a
				hearing prescribed in NAC
				288.273 to
				288.350, inclusive;
(b) Ensure that the administrative record of
				the hearing is complete and forward the record to the Board as soon as
				practicable after the close of the hearing;
(c) As soon as practicable upon the close of
				the hearing, propose a recommended decision or order to the Board in writing,
				which must include, without limitation, any findings of fact or conclusions of
				law reached by the hearing officer; and
(d) Serve a copy of the recommended decision
				or order upon each party.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.277 - Location

Current through June 11, 2024
1. Hearings may be held at any location in
				the State that the Board designates in the notice of the hearing. To the extent
				possible, hearings will be held in the geographical area which is affected by
				the proceeding.
2. Hearings may be
				conducted by video conference.
3.
				Notice of a hearing must set forth:
(a) The
				date, time and place of the hearing; and
(b) Whether the hearing will be conducted in
				person or by video conference.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.278 - Representation in contested case

Current through June 11, 2024
1. Except as
				otherwise provided in this subsection, representation before the Board in a
				contested case is limited to representation in proper person or by an attorney
				who is licensed to practice law in the State of Nevada. The Board may:
(a) Upon a motion or by stipulation of the
				parties, waive the limitation on representation; and
(b) Require an attorney who is not licensed
				to practice law in the State of Nevada and who is licensed to practice in any
				other jurisdiction of the United States to associate with an attorney who is
				licensed to practice law in the State of Nevada.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.279 - Subpoenas

Current through June 11, 2024
1. The Chair, or the Vice Chair in the
				absence of the Chair, may issue a subpoena on behalf of the Board pursuant to
				NRS
				288.120 upon the request of a party to the
				case or a person who has a pending motion to intervene.
2. If a request for a subpoena is made less
				than 7 days before the date of the hearing, the person requesting the subpoena
				must show good cause for the delay in the request.
3. Subpoenas will not be issued in blank
				form.
4. Subpoenas will not be
				issued unless a date for the hearing has been set.
5. In his or her discretion, the Chair, or
				the Vice Chair in the absence of the Chair, may deny a request for a subpoena
				on behalf of the Board if the request commands the production of frivolous,
				irrelevant, burdensome or privileged material, or other material made
				confidential by statute.
Added to NAC by Local
				  Gov't Employee-Mgt. Rel. Bd., eff. 3-11-96; A by
				  R074-17AP,
				  eff. 2/27/2018
NRS
				  288.110, as amended by section 3.7 of
				  Assembly Bill No. 113, chapter 271, Statutes of Nevada 2017, at page
				  1429
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.280 - Examination of witnesses

Current through June 11, 2024
Witnesses at a hearing must be examined orally under oath,
				  except that for good cause, the Board may permit their testimony to be taken by
				  deposition.
Local Gov't
				  Employee-Mgt. Rel. Bd., Nos. 3.07 & 3.08, eff. 11-12-71-NAC A
				  9-30-88
NRS
					 288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.285 - Failure of party to appear

Current through June 11, 2024
If a petitioner, complainant, respondent or intervener
				  fails, without good cause, to appear at the time and place set for hearing, the
				  Board may impose any of the sanctions set forth in NAC 288.373 and may grant
				  or, in the alternative, dismiss the petition or complaint, with or without
				  prejudice, or may recess the hearing to a future date to be set by the Board to
				  enable the petitioner, complainant, respondent or intervener to attend.
Added to NAC by Local
				  Gov't Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03,
				  10-30-2003
NRS
					 288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.290 - Continuances

Current through June 11, 2024
1. Any request for the postponement of a
				scheduled hearing must be in writing and signed by the parties or their
				counsel. The request must include a statement of the reasons for the requested
				postponement and must be filed with the Board at least 14 days before the time
				the hearing is scheduled unless good cause is shown to excuse the untimely
				filing of the request. Except as otherwise provided in subsection 2, the Board
				will not grant a request for postponement submitted within 30 days after the
				running of the 180-day period for hearing a complaint.
2. The parties may file with the Commissioner
				a request to waive the period for hearing a complaint. If the Commissioner
				grants such a request, the Commissioner may grant a request for postponement
				submitted after the running of the period for hearing a complaint.
Local Gov't
				  Employee-Mgt. Rel. Bd., No. 3.015, eff. 7-1-74-NAC A 9-30-88; R135-03,
				  10-30-2003; A by
				  R056-19A,
				  eff. 12/18/2019
NRS
				  233B.040,
				  288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.295 - Preliminary procedure

Current through June 11, 2024
The Board will call the hearing to order, note the
				  appearances of the parties present and act upon any pending motions or
				  petitions. At the discretion of the Board the parties may make opening
				  statements.
Added to NAC by Local
				  Gov't Employee-Mgt. Rel. Bd., eff. 9-30-88
NRS
					 288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.301 - Conduct of hearing

Current through June 11, 2024
1. The petitioner
				or complainant shall present his case-in-chief to the Board first followed by
				the case-in-chief for respondents and others opposing the petition or
				complaint.
2. Opposing parties will
				have the opportunity to cross-examine, redirect and recross-examine
				witnesses.
3. The petitioner or
				complainant will have the opportunity to conduct closing arguments first
				followed by respondents or other opposing parties.
4. Members of the Board may:
(a) Conduct cross-examinations of
				witnesses.
(b) Question any party
				on any issue of law and fact presented at anytime during the presentation of
				the matter in controversy.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.306 - Allowance of oral argument

Current through June 11, 2024
1. The Board may,
				following the filing of briefs or upon contested motions:
(a) Set the matter for oral argument upon 14
				days written notice to each party of record, unless the Board considers a
				shorter time advisable; and
(b)
				Limit the amount of time available to each party for oral argument.
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.310 - Closing arguments

Current through June 11, 2024
A party to the proceedings is entitled to a reasonable
				  period, as determined by the Board, at the close of the hearing for oral
				  argument.
Local Gov't
				  Employee-Mgt. Rel. Bd., No. 3.11, eff. 11-12-71-NAC A
				  9-30-88
NRS
					 288.110
Nevada Administrative Code › Chapter 288 - Local Government: Relations With Employees › PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD › Hearings › Section 288.320 - Contemptuous conduct

Current through June 11, 2024
Contemptuous conduct at a hearing is grounds for exclusion
				  from the hearing.
Local Gov't
				  Employee-Mgt. Rel. Bd., No. 3.10, eff. 11-12-71
NRS
					 288.110