2005 Nevada Revised Statutes - Chapter 614 — Organized Labor and Labor Disputes
CHAPTER 614 - ORGANIZED LABOR AND LABORDISPUTES
MEDIATION AND ARBITRATION OF LABOR DISPUTES
NRS 614.010 Governorto attempt amicable settlement of labor dispute on request of either party; appointmentof commission; arbitration.
NRS 614.020 Boardof arbitration: Selection; majority may make valid award.
NRS 614.030 Writtensubmission of controversy to board of arbitration: Contents and stipulations.
NRS 614.040 Award:Operation; judgment; exceptions; appeal to Supreme Court.
NRS 614.050 Powersof arbitrators: Oaths; subpoenas.
NRS 614.060 Agreementof arbitration to be acknowledged; copies filed with county recorder andGovernor; duties of Secretary of State and Governor.
NRS 614.070 Compensationof arbitrators.
NRS 614.080 Unlawfulacts during pendency of arbitration and within 3 months after award; liabilityfor damages.
REPRESENTATION OF ADVERSARY PARTIES IN LABOR DISPUTES
NRS 614.090 Declarationof public policy.
NRS 614.100 Denialof right of representation of adversary parties in labor dispute unlawful.
NRS 614.110 Penalty.
NOTICE OF STRIKES
NRS 614.120 Circulationof notice of strike: Conditions and signatures; copy to be furnished LaborCommissioner.
NRS 614.130 Penalty.
MISCELLANEOUS PROVISIONS
NRS 614.140 Briberyof labor representative unlawful.
NRS 614.150 Penaltyfor labor representative asking for or receiving bribe.
NRS 614.160 Picketing:Unlawful acts; acceptable acts; local variance; penalty.
NRS 614.170 Draftof proposed changes to contract must be submitted in writing before membersvote on contract.
NRS 614.180 Electionto require local administration of plan providing health, welfare, pension orother similar benefits to members of labor organizations.
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MEDIATION AND ARBITRATION OF LABOR DISPUTES
NRS
1. Whenever a controversy concerning wages, hours oflabor, or conditions of employment shall arise between an employer and hisemployees, seriously interrupting or threatening to interrupt the business ofthe employer, the Governor shall, upon the request of either party to thecontroversy, with all practicable expedition, put himself in communication withthe parties to such controversy, and shall use his best efforts, by mediationand conciliation, to settle the same amicably. He may either exercise suchpowers of conciliation himself or appoint a commission for such purpose.
2. If such efforts of conciliation shall beunsuccessful, the Governor shall at once endeavor to bring about an arbitrationof such controversy in accordance with the provisions of
[1:181:1907; RL 1929; NCL 2763]
NRS
1. Whenever a controversy shall arise between anemployer and his employees which cannot be settled by mediation andconciliation in the manner provided in NRS614.010, such controversy may, with the consent of the parties to the controversy,be submitted to the arbitration of a board of three persons who shall be chosenin the following manner. One shall be named by the employer directlyinterested, and one shall be named by the labor organization to which theemployees directly interested belong, or if they belong to more than one, sucharbitrator shall be agreed upon and designated by the concurrent action of allsuch labor organizations. The two thus chosen shall select the thirdcommissioner of arbitration. In the event of their failure to name sucharbitrator within 5 days after their first meeting, the three arbitrators shallbe named by the Governor.
2. A majority of the arbitrators shall be competent tomake a binding and valid award under the provisions of
[Part 2:181:1907; RL 1930; NCL 2764]
NRS
1. Be in writing.
2. Be signed by the employer and by the labor organizationor organizations representing the employees.
3. Specify the time and place of meeting of such boardof arbitration.
4. State the questions to be decided.
5. Contain appropriate provisions by which therespective parties shall stipulate as follows:
(a) That the board of arbitration shall commence itshearings within 10 days from the date of the appointment of the thirdarbitrator, and shall find and file its award within 30 days from the date ofthe appointment of the third arbitrator; and that pending the arbitration thestatus existing immediately prior to the dispute shall not be changed; but thatno employee shall be compelled to render personal service without his consent.
(b) That the award and the papers and proceedings,including the testimony relating thereto certified under the hands of thearbitrators, shall be filed in the clerks office of the district court for thecounty wherein the controversy arises or the arbitration is entered into, andshall be final and conclusive upon both parties, unless set aside for error oflaw apparent on the record.
(c) That the respective parties to the award will eachfaithfully execute the same, and that the same may be specifically enforced inequity so far as the powers of a court of equity permit; but that no injunctionor other legal process shall be issued which shall compel the performance byany laborer against his will of a contract for personal labor or service.
(d) That employees dissatisfied with the award shallnot by reason of such dissatisfaction quit the service of the employer beforethe expiration of 3 months from and after the making of such award withoutgiving 30 days notice in writing of their intention so to quit; nor shall theemployer dissatisfied with such award dismiss any employee or employees onaccount of such dissatisfaction before the expiration of 3 months from andafter the making of such award without giving 30 days notice in writing of hisintention so to discharge.
(e) That the award shall continue in force as betweenthe parties thereto for the period of 1 year after the same shall go intopractical operation, and no new arbitration upon the same subject between thesame employer and the same class of employees shall be had until the expirationof such 1 year if the award is not set aside as provided.
[Part 2:181:1907; RL 1930; NCL 2764]
NRS
1. The award being filed in the clerks office of thedistrict court, as provided in NRS 614.030,it shall go into practical operation and judgment shall be entered thereonaccordingly at the expiration of 10 days from such filing, unless within such10 days either party shall file exceptions thereto for matter of law apparenton the record, in which case the award shall go into practical operation andjudgment shall be entered accordingly when such exceptions shall have beenfinally disposed of either by the district court or on appeal therefrom.
2. At the expiration of 10 days from the decision ofthe district court upon exception taken to the award as stated in subsection 1,judgment shall be entered in accordance with the decision, unless during the 10days either party shall appeal therefrom to the Supreme Court of the State ofNevada. In such case only such portion of the record shall be transmitted tothe Supreme Court as is necessary to a proper understanding and considerationof the questions of law presented by the exceptions and to be decided.
3. The determination of the Supreme Court upon thequestions shall be final, and, being certified by the clerk thereof to thedistrict court, judgment pursuant thereto shall thereupon be entered by thedistrict court.
4. If exceptions to an award are finally sustained,judgment shall be entered setting aside the award, but in such case the partiesmay agree upon a judgment to be entered disposing of the subject matter of thecontroversy, which judgment when entered shall have the same force and effectas judgment entered upon an award.
[3:181:1907; RL 1931; NCL 2765]
NRS
1. Shall have power to administer oaths andaffirmations, sign subpoenas, require the attendance and testimony ofwitnesses, and require the production of such books, papers, contracts,agreements and documents material to a just determination of the matters underinvestigation as may be ordered by the courts; and
2. May invoke the aid of the courts to compelwitnesses to attend and testify, and to produce such books, papers, contracts,agreements and documents as the courts shall determine to be material andcompetent evidence.
[4:181:1907; RL 1932; NCL 2766]
NRS
1. Every agreement of arbitration under
2. The Secretary of State shall cause a notice inwriting to be served upon the arbitrators, fixing the time and place for ameeting of the board, which meeting shall be within 15 days from the executionof the agreement of arbitration.
3. The Governor shall decline to call a meeting of thearbitrators under such agreement unless it shall be shown to his satisfactionthat the employees signing the submission represent or include a majority ofall the employees in the service of the same employer and of the same grade andclass, and that an award pursuant to such submission can justly be regarded asbinding upon all such employees.
[5:181:1907; RL 1933; NCL 2767]
NRS
[7:181:1907; RL 1935; NCL 2769]
NRS
1. During the pendency of arbitration under
(a) For the employer, a party to such arbitration, todischarge the employees, parties thereto, except for inefficiency, violation oflaw or neglect of duty.
(b) For the organization representing such employees toorder, or for the employees to unite in, aid or abet strikes against theemployer.
2. During a period of 3 months after an award undersuch an arbitration, it shall not be lawful:
(a) For such employer to discharge any such employees,except for the causes stated in paragraph (a) of subsection 1, without giving30 days written notice of an intent so to discharge.
(b) For any of such employees, during a like period, toquit the service of the employer without just cause, without giving to the employer30 days written notice of an intent so to do, or for the organizationrepresenting such employees to order, counsel or advise otherwise.
3. Any violation of this section shall subject theoffending party to liability for damages.
4. Nothing herein contained shall be construed toprevent any employer, a party to such arbitration, from reducing the number ofhis or its employees whenever in his or its judgment business necessitiesrequire such a reduction.
[6:181:1907; RL 1934; NCL 2768]
REPRESENTATION OF ADVERSARY PARTIES IN LABOR DISPUTES
NRS
1. Negotiations of terms and conditions of laborshould result from voluntary agreement between employer and employees.Governmental authority has permitted and encouraged employers to organize in thecorporate and other forms of capital control. In dealing with such employers,the individual organized worker is helpless to exercise actual liberty ofcontract and to protect his freedom of labor, and thereby to obtain acceptableterms and conditions of employment. Therefore, it is necessary that theindividual workman have full freedom of association, self-organization, anddesignation of representatives of his own choosing to negotiate the terms andconditions of his employment, and that he shall be free from the interference,restraint or coercion of employers of labor, or their agents, in thedesignation of such representatives or in self-organization or in otherconcerted activities for the purpose of collective bargaining or other mutualaid or protection.
2. The employers have enjoyed these rights for agesand now enjoy the right to negotiate with their employees and prospectiveemployees through agencies and representatives of their own choosing. Theworkmen should enjoy the same right and should be accorded the same privilegein protecting and providing for their most valuable asset, the labor of theirbrain and brawn, as is accorded the employers in the protection and enhancementof their property rights in their industries and affairs. Mutuality of conductin the negotiations between the employers and workers concerning wageagreements, working conditions and all other matters connected with theemployment of human beings in industry of any kind is essential to the welfareof both and to the industrial peace of the community, State and Nation.
[1:206:1937; 1931 NCL 2825.31]
NRS
[2:206:1937; 1931 NCL 2825.32]
NRS
[3:206:1937; 1931 NCL 2825.33](NRS A 1967, 636)
NOTICE OF STRIKES
NRS
1. It is unlawful for any person, firm or associationto issue, cause to be issued, circulate or cause to be circulated any printedor written matter notifying or advising the public or any organization by mail,or hand to hand, that a strike exists or is called in any place within theState of Nevada, unless the circular, letter or notice so issued shall containthe signatures of at least three persons who at the time of signing thecircular were residents and citizens of the State for a period of 6 months.
2. A copy of the same shall be furnished the LaborCommissioner.
[1:151:1923; NCL 2788]
NRS
[2:151:1923; NCL 2789](NRS A 1967, 636)
MISCELLANEOUS PROVISIONS
NRS
[1911 C&P 529; RL 6794; NCL 10475]
NRS
[1911 C&P 530; RL 6795; NCL 10476]
NRS
1. During the pendency of a strike, work stoppage orother dispute, it is unlawful for any person:
(a) To picket on private property without the writtenpermission of the owner or pursuant to an order from a federal court or agencyof competent jurisdiction, even if the private property is open to the publicas invitees for business, except that an employee may enter or leave hisemployers property in the course of his employment or for the purpose ofreceiving payment for services performed;
(b) To maintain any picket or picket line, individuallyor as part of a group, in front of or across entrances to or exits from anyproperty, except that the following numbers of pickets may be maintained acrossentrances or exits if the pickets do not narrow or block the entrances or exitsor delay, impede or interfere with the ability of persons or vehicles to enteror leave the property:
(1) Two pickets at pedestrian entrances andexits;
(2) Two pickets at driveway entrances and exits20 feet or less in width; and
(3) Six pickets at driveway entrances and exitsmore than 20 feet in width;
(c) Knowingly to threaten, molest, assault, or in anymanner physically touch the person, clothing or vehicle of any personattempting to enter or leave any property, including employees, agents,contractors, representatives, guests, customers or others doing or attemptingto do business with the owner or occupant;
(d) Intentionally to operate a motor vehicle so as todelay, impede or interfere with the ability of persons or vehicles to enter orleave any property;
(e) To use language or words threatening to do harm toa person or his property or designed to incite fear in any person attempting toenter or leave any property; or
(f) Knowingly to spread, drop, throw or otherwiseknowingly to disperse nails, tacks, staples, glass or other objects in theentrances to or exits from any property.
2. Any persons participating in a strike, workstoppage or other dispute may picket on the public sidewalks or other publicareas between entrances and exits to any property if the pickets maintain adistance of 30 feet from each person or group of two persons to the next personor group and no more than two persons walk abreast.
3. Persons who picket any property may congregate ingroups of 10 or fewer to confer with their captain at reasonable times or toobtain food and drink at reasonable times, but shall not so congregate within30 feet of any entrance or exit.
4. Each county shall adopt by ordinance a procedure bywhich it may grant a variance from the provisions of paragraph (b) ofsubsection 1.
5. Any person who violates the prohibitions of thissection or of a variance granted pursuant to subsection 4 is guilty of amisdemeanor. This section does not preclude civil action or additional criminalprosecution based upon acts which are prohibited by this section.
(Added to NRS by 1985, 2183)
NRS
(Added to NRS by 1985, 1921)
NRS
1. The Legislature hereby declares that:
(a) Employees who are members of labor organizationsare entitled to reasonable assurances that money they contribute for plans whichprovide health, welfare, pension or other similar benefits is being used forthe intended purpose.
(b) Local labor organizations cannot control the use ofmoney contributed for such plans if the plans are managed and operated inanother state for labor organizations of which the local organization is anaffiliate.
(c) A local labor organization should be entitled torequire local administration of such plans if the organization so elects.
2. Nothing in this section:
(a) Relates to any plan for providing the benefitsdescribed in paragraph (a) of subsection 1. This section relates only to thedetermination by a local labor organization to establish a locally administeredplan for its members.
(b) Purports to impair any obligation under an existingcontract.
3. A labor organization whose members are employed inthis state may elect to require administration in this state of any plan forproviding health, welfare, pension or other similar benefits for its members.If such a plan is being administered on behalf of an organization of which thelocal labor organization is an affiliate, the local organization may elect todiscontinue its members contributions to the plan and establish a separateplan for its members which is administered by a trustee in this state.
(Added to NRS by 1985, 657)
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