2005 Nevada Revised Statutes - Chapter 288 — Relations Between Governments and Public Employees

CHAPTER 288 - RELATIONS BETWEEN GOVERNMENTSAND PUBLIC EMPLOYEES

GENERAL PROVISIONS

NRS 288.010 Shorttitle.

NRS 288.020 Definitions.

NRS 288.025 Administrativeemployee defined.

NRS 288.027 Bargainingagent defined.

NRS 288.028 Bargainingunit defined.

NRS 288.030 Boarddefined.

NRS 288.033 Collectivebargaining defined.

NRS 288.034 Commissionerdefined.

NRS 288.040 Employeeorganization defined.

NRS 288.045 Fact-findingdefined.

NRS 288.050 Localgovernment employee defined.

NRS 288.060 Localgovernment employer defined.

NRS 288.063 Mediationdefined.

NRS 288.067 Recognitiondefined.

NRS 288.070 Strikedefined.

NRS 288.075 Supervisoryemployee defined.

LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD

NRS 288.080 Creation;number, qualifications, terms of office and appointment of members.

NRS 288.090 Officersand employees; quorum.

NRS 288.100 Salaryand expenses of members.

NRS 288.110 Rulesgoverning various proceedings and procedures; hearing and order; injunction;time for filing complaint or appeal; costs.

NRS 288.120 Subpoenas;powers of district court.

NRS 288.130 Hearingsand determinations are contested cases; judicial review.

RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS

NRS 288.140 Rightof employee to join or refrain from joining employee organization;discrimination by employer prohibited; limitations on nonmember acting forhimself; membership of law enforcement officer.

NRS 288.150 Negotiationsby employer with recognized employee organization: Subjects of mandatorybargaining; matters reserved to employer without negotiation.

NRS 288.155 Agreementmay extend beyond term of member or officer of local government employer.

NRS 288.160 Recognitionof employee organization: Application for and withdrawal of recognition;exclusive bargaining agent; election.

NRS 288.161 Localgovernment employer to file list of recognized employee organizations withBoard.

NRS 288.165 Recognizedemployee organization to file annual report with Board.

NRS 288.170 Determinationof bargaining unit; appeal to Board.

NRS 288.180 Noticeby employee organization of desire to negotiate; request for information;commencement of negotiations; exemption.

NRS 288.190 Mediation:Selection and duties of mediator; cost. [Effective through June 30, 2006.]

NRS 288.190 Mediation:Selection and duties of mediator; cost. [Effective July 1, 2006.]

NRS 288.195 Rightof employee organization to be represented by attorney.

NRS 288.200 Submissionof dispute to fact finder: Selection, compensation and duties of fact finder;effect of findings and recommendations; criteria for recommendations andawards. [Effective through June 30, 2006.]

NRS 288.200 Submissionof dispute to fact finder: Selection, compensation and duties of fact finder;effect of findings and recommendations; criteria for recommendations andawards. [Effective July 1, 2006.]

NRS 288.201 Requestfor formation of panel to determine whether findings and recommendations offact finder are final and binding. [Effective through June 30, 2006.]

NRS 288.201 Requestfor formation of panel to determine whether findings and recommendations offact finder are final and binding. [Effective July 1, 2006.]

NRS 288.202 Formationof panel to determine whether findings and recommendations of fact finder arefinal and binding. [Effective through June 30, 2006.]

NRS 288.202 Formationof panel to determine whether findings and recommendations of fact finder arefinal and binding. [Effective July 1, 2006.]

NRS 288.203 Compensationof members of panel; claims.

NRS 288.205 Submissionof dispute between certain employees and local government employer to factfinder: Time limited for certain matters.

NRS 288.210 Subpoenasof fact finder; powers of district court.

NRS 288.215 Submissionof dispute between firefighters or police officers and local governmentemployer to arbitrator; hearing; determination of financial ability of localgovernment employer; negotiations and final offer; effect of decision ofarbitrator; content of decision.

NRS 288.217 Submissionof dispute between school district and employee organization to arbitrator;hearing; determination of financial ability of school district; negotiationsand final offer; effect of decision of arbitrator; content of decision.

NRS 288.220 Certainproceedings not required to be open or public.

STRIKES

NRS 288.230 Legislativedeclaration; illegality of strikes.

NRS 288.240 Injunctiverelief against strike or threatened strike.

NRS 288.250 Punishmentof employee organization, officer or employee by court for commencement orcontinuation of strike in violation of order.

NRS 288.260 Punishmentof employee by employer for commencement or continuation of strike or violationin violation of courts order.

PROHIBITED PRACTICES

NRS 288.270 Employeror representative; employee or employee organization.

NRS 288.280 Controversiesconcerning prohibited practices to be submitted to Board.

_________

GENERAL PROVISIONS

NRS 288.010 Shorttitle. This chapter may be cited as the LocalGovernment Employee-Management Relations Act.

(Added to NRS by 1969, 1376)

NRS 288.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS288.025 to 288.075, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1969, 1376; A 1971, 1503; 1975, 918;1981, 1868)

NRS 288.025 Administrativeemployee defined. Administrative employeemeans any employee whose primary duties consist of work directly related tomanagement policies, who customarily exercises discretion and independentjudgment and regularly assists an executive. In addition, it includes the chiefadministrative officer, his deputy and immediate assistants, department heads,their deputies and immediate assistants, attorneys, appointed officials andothers who are primarily responsible for formulating and administeringmanagement policy and programs.

(Added to NRS by 1971, 1509)

NRS 288.027 Bargainingagent defined. Bargaining agent means anemployee organization recognized by the local government employer as the exclusiverepresentative of all local government employees in the bargaining unit for purposesof collective bargaining.

(Added to NRS by 1975, 917)

NRS 288.028 Bargainingunit defined. Bargaining unit means a groupof local government employees recognized by the local government employer ashaving sufficient community of interest appropriate for representation by an employeeorganization for the purpose of collective bargaining.

(Added to NRS by 1975, 917)

NRS 288.030 Boarddefined. Board means the Local Government Employee-ManagementRelations Board.

(Added to NRS by 1969, 1376)

NRS 288.033 Collectivebargaining defined. Collective bargainingmeans a method of determining conditions of employment by negotiation betweenrepresentatives of the local government employer and employee organizations, entailinga mutual obligation of the local government employer and the representative ofthe local government employees to meet at reasonable times and bargain in goodfaith with respect to:

1. Wages, hours and other terms and conditions ofemployment;

2. The negotiation of an agreement;

3. The resolution of any question arising under anegotiated agreement; or

4. The execution of a written contract incorporatingany agreement reached if requested by either party,

but thisobligation does not compel either party to agree to a proposal or require themaking of a concession.

(Added to NRS by 1975, 917)

NRS 288.034 Commissionerdefined. Commissioner means the Commissionerappointed by the Board.

(Added to NRS by 1981, 1867)

NRS 288.040 Employeeorganization defined. Employee organizationmeans an organization of any kind having as one of its purposes improvement ofthe terms and conditions of employment of local government employees.

(Added to NRS by 1969, 1376; A 1975, 918)

NRS 288.045 Fact-findingdefined. Fact-finding means the formalprocedure by which an investigation of a labor dispute is conducted by oneperson, a panel or a board at which:

1. Evidence is presented; and

2. A written report is issued by the fact finderdescribing the issues involved and setting forth recommendations for settlementwhich may or may not be binding as provided in NRS 288.200.

(Added to NRS by 1975, 917)

NRS 288.050 Localgovernment employee defined. Localgovernment employee means any person employed by a local government employer.

(Added to NRS by 1969, 1376)

NRS 288.060 Localgovernment employer defined. Localgovernment employer means any political subdivision of this State or anypublic or quasi-public corporation organized under the laws of this State andincludes, without limitation, counties, cities, unincorporated towns, schooldistricts, charter schools, hospital districts, irrigation districts and otherspecial districts.

(Added to NRS by 1969, 1377; A 1971, 1503; 2001, 3164)

NRS 288.063 Mediationdefined. Mediation means assistance by animpartial third party to reconcile differences between a local governmentemployer and a bargaining unit through interpretation, suggestion and advice.

(Added to NRS by 1975, 917; A 1983, 180)

NRS 288.067 Recognitiondefined. Recognition means the formal acknowledgmentby the local government employer that a particular employee organization hasthe right to represent the local government employees within a particularbargaining unit.

(Added to NRS by 1975, 917)

NRS 288.070 Strikedefined. Strike means any concerted:

1. Stoppage of work, slowdown or interruption ofoperations by employees of the State of Nevada or local government employees;

2. Absence from work by employees of the State ofNevada or local government employees upon any pretext or excuse, such asillness, which is not founded in fact; or

3. Interruption of the operations of the State ofNevada or any local government employer by any employee organization.

(Added to NRS by 1969, 1377)

NRS 288.075 Supervisoryemployee defined.

1. Supervisory employee means any individual havingauthority in the interest of the employer to hire, transfer, suspend, lay off,recall, promote, discharge, assign, reward or discipline other employees orresponsibility to direct them, to adjust their grievances or effectively torecommend such action, if in connection with the foregoing, the exercise ofsuch authority is not of a merely routine or clerical nature, but requires theuse of independent judgment. The exercise of such authority shall not be deemedto place the employee in supervisory employee status unless the exercise ofsuch authority occupies a significant portion of the employees workday.

2. Nothing in this section shall be construed to meanthat an employee who has been given incidental administrative duties shall beclassified as a supervisory employee.

(Added to NRS by 1971, 1509; A 1975, 918)

LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD

NRS 288.080 Creation;number, qualifications, terms of office and appointment of members.

1. The Local Government Employee-Management RelationsBoard is hereby created, consisting of three members, broadly representative ofthe public and not closely allied with any employee organization or localgovernment employer, not more than two of whom may be members of the samepolitical party. The term of office of each member is 4 years.

2. The Governor shall appoint the members of theBoard.

(Added to NRS by 1969, 1380; A 1975, 919; 1977, 1183;1981, 64; 1989, 1671)

NRS 288.090 Officersand employees; quorum.

1. The members of the Board shall annually elect oneof their number as Chairman and one as Vice Chairman. Any two members of theBoard constitute a quorum.

2. The Board may, within the limits of legislativeappropriations:

(a) Appoint a Commissioner and a Secretary, who shallbe in the unclassified service of the State; and

(b) Employ such additional clerical personnel as may benecessary, who shall be in the classified service of the State.

(Added to NRS by 1969, 1380; A 1979, 285)

NRS 288.100 Salaryand expenses of members.

1. Each member of the Board is entitled to receive asalary of not more than $80, as fixed by the Board, for each day in which he isengaged in the business of the Board.

2. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally.

(Added to NRS by 1969, 1381; A 1977, 1365; 1981,1979; 1985, 392; 1989, 1710)

NRS 288.110 Rulesgoverning various proceedings and procedures; hearing and order; injunction;time for filing complaint or appeal; costs.

1. The Board may make rules governing:

(a) Proceedings before it;

(b) Procedures for fact-finding;

(c) The recognition of employee organizations; and

(d) The determination of bargaining units.

2. The Board may hear and determine any complaintarising out of the interpretation of, or performance under, the provisions ofthis chapter by any local government employer, local government employee oremployee organization. The Board shall conduct a hearing within 90 days afterit decides to hear a complaint. The Board, after a hearing, if it finds thatthe complaint is well taken, may order any person to refrain from the actioncomplained of or to restore to the party aggrieved any benefit of which he hasbeen deprived by that action. The Board shall issue its decision within 120days after the hearing on the complaint is completed.

3. Any party aggrieved by the failure of any person toobey an order of the Board issued pursuant to subsection 2, or the Board at therequest of such a party, may apply to a court of competent jurisdiction for aprohibitory or mandatory injunction to enforce the order.

4. The Board may not consider any complaint or appealfiled more than 6 months after the occurrence which is the subject of thecomplaint or appeal.

5. The Board may decide without a hearing a contestedmatter:

(a) In which all of the legal issues have beenpreviously decided by the Board, if it adopts its previous decision ordecisions as precedent; or

(b) Upon agreement of all the parties.

6. The Board may award reasonable costs, which mayinclude attorneys fees, to the prevailing party.

(Added to NRS by 1969, 1381; A 1975, 919; 1977, 1366;1987, 1435; 1989, 1671)

NRS 288.120 Subpoenas;powers of district court.

1. For the purpose of hearing and deciding appeals orcomplaints, the Board may issue subpoenas requiring the attendance of witnessesbefore it, together with all books, memoranda, papers and other documentsrelative to the matters under investigation, administer oaths and taketestimony thereunder.

2. The district court in and for the county in whichany hearing is being conducted by the Board may compel the attendance ofwitnesses, the giving of testimony and the production of books and papers asrequired by any subpoena issued by the Board.

3. In case of the refusal of any witness to attend ortestify or produce any papers required by such subpoena, the Board may reportto the district court in and for the county in which the hearing is pending bypetition, setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the mannerprescribed in this chapter; and

(c) That the witness has failed and refused to attendor produce the papers required by subpoena before the Board in the hearingnamed in the subpoena, or has refused to answer questions propounded to him inthe course of such hearing,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the Board.

4. The court, upon petition of the Board, shall enteran order directing the witness to appear before the court at a time and placeto be fixed by the court in such order, the time to be not more than 10 daysfrom the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers before the Board. Acertified copy of the order shall be served upon the witness. If it appears tothe court that the subpoena was regularly issued by the Board, the court shallthereupon enter an order that the witness appear before the Board at the timeand place fixed in the order and testify or produce the required books orpapers, and upon failure to obey the order the witness shall be dealt with asfor contempt of court.

(Added to NRS by 1969, 1381)

NRS 288.130 Hearingsand determinations are contested cases; judicial review. Every hearing and determination of an appeal or complaintby the Board is a contested case subject to the provisions of law which governthe administrative decision and judicial review of such cases.

(Added to NRS by 1969, 1382; A 1977, 64)

RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS

NRS 288.140 Rightof employee to join or refrain from joining employee organization;discrimination by employer prohibited; limitations on nonmember acting forhimself; membership of law enforcement officer.

1. It is the right of every local government employee,subject to the limitation provided in subsection 3, to join any employeeorganization of his choice or to refrain from joining any employeeorganization. A local government employer shall not discriminate in any wayamong its employees on account of membership or nonmembership in an employeeorganization.

2. The recognition of an employee organization fornegotiation, pursuant to this chapter, does not preclude any local governmentemployee who is not a member of that employee organization from acting forhimself with respect to any condition of his employment, but any action takenon a request or in adjustment of a grievance shall be consistent with the termsof an applicable negotiated agreement, if any.

3. A police officer, sheriff, deputy sheriff or otherlaw enforcement officer may be a member of an employee organization only ifsuch employee organization is composed exclusively of law enforcement officers.

(Added to NRS by 1969, 1377)

NRS 288.150 Negotiationsby employer with recognized employee organization: Subjects of mandatorybargaining; matters reserved to employer without negotiation.

1. Except as provided in subsection 4, every localgovernment employer shall negotiate in good faith through one or morerepresentatives of its own choosing concerning the mandatory subjects ofbargaining set forth in subsection 2 with the designated representatives of therecognized employee organization, if any, for each appropriate bargaining unitamong its employees. If either party so requests, agreements reached must bereduced to writing.

2. The scope of mandatory bargaining is limited to:

(a) Salary or wage rates or other forms of directmonetary compensation.

(b) Sick leave.

(c) Vacation leave.

(d) Holidays.

(e) Other paid or nonpaid leaves of absence.

(f) Insurance benefits.

(g) Total hours of work required of an employee on eachworkday or workweek.

(h) Total number of days work required of an employeein a work year.

(i) Discharge and disciplinary procedures.

(j) Recognition clause.

(k) The method used to classify employees in thebargaining unit.

(l) Deduction of dues for the recognized employeeorganization.

(m) Protection of employees in the bargaining unit fromdiscrimination because of participation in recognized employee organizationsconsistent with the provisions of this chapter.

(n) No-strike provisions consistent with the provisionsof this chapter.

(o) Grievance and arbitration procedures for resolutionof disputes relating to interpretation or application of collective bargainingagreements.

(p) General savings clauses.

(q) Duration of collective bargaining agreements.

(r) Safety of the employee.

(s) Teacher preparation time.

(t) Materials and supplies for classrooms.

(u) The policies for the transfer and reassignment ofteachers.

(v) Procedures for reduction in workforce.

3. Those subject matters which are not within thescope of mandatory bargaining and which are reserved to the local governmentemployer without negotiation include:

(a) Except as otherwise provided in paragraph (u) ofsubsection 2, the right to hire, direct, assign or transfer an employee, butexcluding the right to assign or transfer an employee as a form of discipline.

(b) The right to reduce in force or lay off anyemployee because of lack of work or lack of money, subject to paragraph (v) ofsubsection 2.

(c) The right to determine:

(1) Appropriate staffing levels and workperformance standards, except for safety considerations;

(2) The content of the workday, includingwithout limitation workload factors, except for safety considerations;

(3) The quality and quantity of services to beoffered to the public; and

(4) The means and methods of offering thoseservices.

(d) Safety of the public.

4. Notwithstanding the provisions of any collectivebargaining agreement negotiated pursuant to this chapter, a local governmentemployer is entitled to take whatever actions may be necessary to carry out itsresponsibilities in situations of emergency such as a riot, military action,natural disaster or civil disorder. Those actions may include the suspension ofany collective bargaining agreement for the duration of the emergency. Anyaction taken under the provisions of this subsection must not be construed as afailure to negotiate in good faith.

5. The provisions of this chapter, including withoutlimitation the provisions of this section, recognize and declare the ultimateright and responsibility of the local government employer to manage itsoperation in the most efficient manner consistent with the best interests ofall its citizens, its taxpayers and its employees.

6. This section does not preclude, but this chapterdoes not require the local government employer to negotiate subject mattersenumerated in subsection 3 which are outside the scope of mandatory bargaining.The local government employer shall discuss subject matters outside the scopeof mandatory bargaining but it is not required to negotiate those matters.

7. Contract provisions presently existing in signedand ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.

(Added to NRS by 1969, 1377; A 1971, 1503; 1975, 919;1983, 1622; 1987, 743, 1496, 1607; 1989, 1165)

NRS 288.155 Agreementmay extend beyond term of member or officer of local government employer. Agreements entered into between local government employersand employee organizations pursuant to this chapter may extend beyond the termof office of any member or officer of the local government employer.

(Added to NRS by 1975, 40)

NRS 288.160 Recognitionof employee organization: Application for and withdrawal of recognition;exclusive bargaining agent; election.

1. An employee organization may apply to a localgovernment employer for recognition by presenting:

(a) A copy of its constitution and bylaws, if any;

(b) A roster of its officers, if any, andrepresentatives; and

(c) A pledge in writing not to strike against the localgovernment employer under any circumstances.

A localgovernment employer shall not recognize as representative of its employees anyemployee organization which has not adopted, in a manner valid under its ownrules, the pledge required by paragraph (c).

2. If an employee organization, at or after the timeof its application for recognition, presents a verified membership list showingthat it represents a majority of the employees in a bargaining unit, and if theemployee organization is recognized by the local government employer, it shallbe the exclusive bargaining agent of the local government employees in thatbargaining unit.

3. A local government employer may withdrawrecognition from an employee organization which:

(a) Fails to present a copy of each change in itsconstitution or bylaws, if any, or to give notice of any change in the rosterof its officers, if any, and representatives;

(b) Disavows its pledge not to strike against the localgovernment employer under any circumstances;

(c) Ceases to be supported by a majority of the localgovernment employees in the bargaining unit for which it is recognized; or

(d) Fails to negotiate in good faith with the localgovernment employer,

if it firstreceives the written permission of the Board.

4. If the Board in good faith doubts whether anyemployee organization is supported by a majority of the local governmentemployees in a particular bargaining unit, it may conduct an election by secretballot upon the question. Subject to judicial review, the decision of the Boardis binding upon the local government employer and all employee organizationsinvolved.

5. The parties may agree in writing, without appealingto the Board, to hold a representative election to determine whether anemployee organization represents the majority of the local government employeesin a bargaining unit. Participation by the Board and its staff in an agreedelection is subject to the approval of the Board.

(Added to NRS by 1969, 1378; A 1971, 1504; 1975, 921;1977, 1366; 1983, 1624)

NRS 288.161 Localgovernment employer to file list of recognized employee organizations withBoard. Each local government employer shall,on or before November 30 of each year, file with the Board a list of allemployee organizations recognized by the employer and a description of thebargaining unit for each employee organization.

(Added to NRS by 1989, 1669)

NRS 288.165 Recognizedemployee organization to file annual report with Board.

1. Each employee organization recognized by a localgovernment employer in this State shall file a report with the Board duringNovember of each year.

2. The report required by this section shall include:

(a) The full name of the employee organization.

(b) The name of each local government employer whichrecognizes the employee organization.

(c) The names of the officers of the employeeorganization.

(d) The total number of persons in each bargaining unitrepresented by the employee organization.

(e) Copies of all changes in the employeeorganizations constitution or bylaws adopted during the preceding year.

(f) The name, address and telephone number of theperson designated by the employee organization to receive communications fromthe Board on business relating to the employee organization.

(g) A copy of any collective bargaining agreement ineffect between the organization and the local government employer.

3. An employee organization which has not previouslybeen recognized by a local government employer shall file the informationrequired by this section within 30 days after recognition.

(Added to NRS by 1979, 284)

NRS 288.170 Determinationof bargaining unit; appeal to Board.

1. Each local government employer which has recognizedone or more employee organizations shall determine, after consultation with therecognized organization or organizations, which group or groups of itsemployees constitute an appropriate unit or units for negotiating. The primarycriterion for that determination must be the community of interest among theemployees concerned.

2. A principal, assistant principal or other schooladministrator below the rank of superintendent, associate superintendent orassistant superintendent shall not be a member of the same bargaining unit withpublic school teachers unless the school district employs fewer than fiveprincipals but may join with other officials of the same specified ranks tonegotiate as a separate bargaining unit.

3. A head of a department of a local government, anadministrative employee or a supervisory employee must not be a member of thesame bargaining unit as the employees under his direction. Any dispute betweenthe parties as to whether an employee is a supervisor must be submitted to theBoard. An employee organization which is negotiating on behalf of two or morebargaining units consisting of firefighters or police officers, as defined in NRS 288.215, may select members of theunits to negotiate jointly on behalf of each other, even if one of the unitsconsists of supervisory employees and the other unit does not.

4. Confidential employees of the local governmentemployer must be excluded from any bargaining unit but are entitled toparticipate in any plan to provide benefits for a group that is administered bythe bargaining unit of which they would otherwise be a member.

5. If any employee organization is aggrieved by thedetermination of a bargaining unit, it may appeal to the Board. Subject tojudicial review, the decision of the Board is binding upon the local governmentemployer and employee organizations involved. The Board shall apply the samecriterion as specified in subsection 1.

6. As used in this section, confidential employeemeans an employee who is involved in the decisions of management affectingcollective bargaining.

(Added to NRS by 1969, 1378; A 1971, 1504; 1975, 922;1987, 1305, 2202; 1991, 703; 2005, 325)

NRS 288.180 Noticeby employee organization of desire to negotiate; request for information;commencement of negotiations; exemption.

1. Whenever an employee organization desires tonegotiate concerning any matter which is subject to negotiation pursuant tothis chapter, it shall give written notice of that desire to the localgovernment employer. If the subject of negotiation requires the budgeting ofmoney by the local government employer, the employee organization shall givenotice on or before February 1.

2. Following the notification provided for insubsection 1, the employee organization or the local government employer mayrequest reasonable information concerning any subject matter included in thescope of mandatory bargaining which it deems necessary for and relevant to thenegotiations. The information requested must be furnished without unnecessarydelay. The information must be accurate, and must be presented in a formresponsive to the request and in the format in which the records containing itare ordinarily kept. If the employee organization requests financialinformation concerning a metropolitan police department, the local governmentemployers which form that department shall furnish the information to theemployee organization.

3. The parties shall promptly commence negotiations.As the first step, the parties shall discuss the procedures to be followed ifthey are unable to agree on one or more issues.

4. This section does not preclude, but this chapterdoes not require, informal discussion between an employee organization and alocal government employer of any matter which is not subject to negotiation orcontract under this chapter. Any such informal discussion is exempt from allrequirements of notice or time schedule.

(Added to NRS by 1969, 1379; A 1971, 1505; 1975, 923;1977, 757; 1979, 1373; 1981, 1868; 1983, 1044)

NRS 288.190 Mediation:Selection and duties of mediator; cost. [Effective through June 30, 2006.] Except in cases to which NRS288.205 and 288.215 apply:

1. Anytime before July 1, the dispute may be submittedto a mediator, if both parties agree. On or after July 1 but before July 5,either party involved in negotiations may request a mediator. If the parties donot agree upon a mediator, the Commissioner shall submit to the parties a listof seven potential mediators. The parties shall select their mediator from thelist by alternately striking one name until the name of only one mediatorremains, who will be the mediator to hear the dispute. The employeeorganization shall strike the first name.

2. If mediation is agreed to or requested pursuant tosubsection 1, the mediator must be selected on or before July 15.

3. The mediator shall bring the parties together assoon as possible and, unless otherwise agreed upon by the parties, attempt tosettle the dispute no later than July 31. He may establish the times and datesfor meetings and compel the parties to attend but has no power to compel theparties to agree.

4. The local government employer and employeeorganization each shall pay one-half of the cost of mediation. Each party shallpay its own costs of preparation and presentation of its case in mediation.

5. If the dispute is submitted to a mediator and thensubmitted to a fact finder, the mediator shall, before August 15, give to theCommissioner 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)

NRS 288.190 Mediation: Selection and duties ofmediator; cost. [Effective July 1, 2006.] Exceptin cases to which NRS 288.205 and 288.215 apply:

1. Anytime before March 1, the dispute may besubmitted to a mediator, if both parties agree. Anytime after March 1, eitherparty involved in negotiations may request a mediator. If the parties do notagree upon a mediator, the Commissioner shall submit to the parties a list ofseven potential mediators. The parties shall select their mediator from thelist by alternately striking one name until the name of only one mediatorremains, who will be the mediator to hear the dispute. The employee organizationshall strike the first name.

2. If mediation is agreed to or requested pursuant tosubsection 1, the mediator must be selected at the time the parties agree upona mediator or, if the parties do not agree upon a mediator, within 5 days afterthe parties receive the list of potential mediators from the Commissioner.

3. The mediator shall bring the parties together assoon as possible and, unless otherwise agreed upon by the parties, attempt tosettle the dispute within 30 days after being notified of his selection asmediator. He may establish the times and dates for meetings and compel theparties to attend but has no power to compel the parties to agree.

4. The local government employer and employeeorganization each shall pay one-half of the cost of mediation. Each party shallpay its own costs of preparation and presentation of its case in mediation.

5. If the dispute is submitted to a mediator and thensubmitted to a fact finder, the mediator shall, within 15 days after the lastmeeting between the parties, give to the Commissioner of the Board a report ofthe 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, effectiveJuly 1, 2006)

NRS 288.195 Rightof employee organization to be represented by attorney. Whenever an employee organization enters into negotiationswith a local government employer, pursuant to NRS288.140 to 288.220, inclusive, suchemployee organization may be represented by an attorney licensed to practicelaw in the State of Nevada.

(Added to NRS by 1973, 324)

NRS 288.200 Submissionof dispute to fact finder: Selection, compensation and duties of fact finder;effect of findings and recommendations; criteria for recommendations andawards. [Effective through June 30, 2006.] Exceptin cases to which NRS 288.205 and 288.215, or NRS 288.217 apply:

1. If:

(a) The parties have participated in mediation and byAugust 1, have not reached agreement; or

(b) The bargaining unit represented by the employeeorganization contains fewer than 30 persons,

either partyto the dispute, at any time up to September 20, may submit the dispute to animpartial fact finder for his findings and recommendations. His findings andrecommendations are not binding on the parties except as provided insubsections 5, 6 and 9. The mediator of a dispute may also be chosen by theparties to serve as the fact finder.

2. If the parties are unable to agree on an impartialfact finder within 5 days, either party may request from the AmericanArbitration Association or the Federal Mediation and Conciliation Service alist of seven potential fact finders. If the parties are unable to agree uponwhich arbitration service should be used, the Federal Mediation andConciliation Service must be used. The parties shall select their fact finderfrom this list by alternately striking one name until the name of only one factfinder remains, who will be the fact finder to hear the dispute in question.The employee organization shall strike the first name.

3. The local government employer and employeeorganization each shall pay one-half of the cost of fact-finding. Each partyshall pay its own costs of preparation and presentation of its case infact-finding.

4. A schedule of dates and times for the hearing mustbe established before October 20 and the fact finder shall report his findingsand recommendations to the parties to the dispute within 30 days after theconclusion of the fact-finding hearing.

5. The parties to the dispute may agree, before thesubmission of the dispute to fact-finding, to make the findings andrecommendations on all or any specified issues final and binding on theparties.

6. If the parties do not agree on whether to make thefindings and recommendations of the fact finder final and binding, either partymay request the formation of a panel to determine whether the findings andrecommendations of a fact finder on all or any specified issues in a particulardispute which are within the scope of subsection 9 are to be final and binding.The determination must be made upon the concurrence of at least two members ofthe panel and not later than October 20 unless that date is extended by theCommissioner of the Board. Each panel shall, when making its determination,consider whether the parties have bargained in good faith and whether itbelieves the parties can resolve any remaining issues. Any panel may also considerthe actions taken by the parties in response to any previous fact-findingbetween these parties, the best interests of the State and all its citizens,the potential fiscal effect both within and outside the political subdivision,and any danger to the safety of the people of the State or a politicalsubdivision.

7. Except as otherwise provided in subsection 8, anyfact finder, whether his recommendations are to be binding or not, shall basehis recommendations or award on the following criteria:

(a) A preliminary determination must be made as to thefinancial ability of the local government employer based on all existingavailable revenues as established by the local government employer and withinthe limitations set forth in NRS 354.6241,with due regard for the obligation of the local government employer to providefacilities and services guaranteeing the health, welfare and safety of thepeople residing within the political subdivision.

(b) Once the fact finder has determined in accordancewith paragraph (a) that there is a current financial ability to grant monetarybenefits, he shall use normal criteria for interest disputes regarding theterms and provisions to be included in an agreement in assessing thereasonableness of the position of each party as to each issue in dispute and heshall consider whether the Board found that either party had bargained in badfaith.

The factfinders report must contain the facts upon which he based his determination offinancial ability to grant monetary benefits and his recommendations or award.

8. Any sum of money which is maintained in a fundwhose balance is required by law to be:

(a) Used only for a specific purpose other than thepayment of compensation to the bargaining unit affected; or

(b) Carried forward to the succeeding fiscal year in anydesignated amount, to the extent of that amount,

must not becounted in determining the financial ability of a local government employer andmust not be used to pay any monetary benefits recommended or awarded by thefact finder.

9. The issues which may be included in a panels orderpursuant to subsection 6 are:

(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatorybargaining, unless precluded for that year by an existing collective bargainingagreement between the parties; and

(b) Those which an existing collective bargainingagreement between the parties makes subject to negotiation in that year.

Thissubsection does not preclude the voluntary submission of other issues by theparties pursuant to subsection 5.

(Added to NRS by 1969, 1379; A 1971, 10, 1505; 1973,238; 1975, 923; 1977, 389, 917, 1367; 1979, 286, 1374; 1981, 1869; 1983, 1625;1985, 1420; 1987, 572; 1991, 626; 1995, 1936)

NRS 288.200 Submission of dispute to fact finder:Selection, compensation and duties of fact finder; effect of findings andrecommendations; criteria for recommendations and awards. [Effective July 1,2006.] Except in cases to which NRS 288.205 and 288.215, or NRS 288.217 apply:

1. If:

(a) The parties have participated in mediation and byApril 1, have not reached agreement; or

(b) The bargaining unit represented by the employeeorganization contains fewer than 30 persons,

either partyto the dispute, at any time after April 1, may submit the dispute to animpartial fact finder for his findings and recommendations. His findings andrecommendations are not binding on the parties except as provided insubsections 5, 6 and 9. The mediator of a dispute may also be chosen by theparties to serve as the fact finder.

2. If the parties are unable to agree on an impartialfact finder within 5 days, either party may request from the AmericanArbitration Association or the Federal Mediation and Conciliation Service alist of seven potential fact finders. If the parties are unable to agree uponwhich arbitration service should be used, the Federal Mediation andConciliation Service must be used. Within 5 days after receiving a list fromthe applicable arbitration service, the parties shall select their fact finderfrom this list by alternately striking one name until the name of only one factfinder remains, who will be the fact finder to hear the dispute in question.The employee organization shall strike the first name.

3. The local government employer and employeeorganization each shall pay one-half of the cost of fact-finding. Each partyshall pay its own costs of preparation and presentation of its case infact-finding.

4. A schedule of dates and times for the hearing mustbe established within 10 days after the selection of the fact finder pursuantto subsection 2, and the fact finder shall report his findings andrecommendations to the parties to the dispute within 30 days after theconclusion of the fact-finding hearing.

5. The parties to the dispute may agree, before the submissionof the dispute to fact-finding, to make the findings and recommendations on allor any specified issues final and binding on the parties.

6. If the parties do not agree on whether to make thefindings and recommendations of the fact finder final and binding, either partymay request the formation of a panel to determine whether the findings andrecommendations of a fact finder on all or any specified issues in a particulardispute which are within the scope of subsection 9 are to be final and binding.The determination must be made upon the concurrence of at least two members ofthe panel and not later than the date which is 30 days after the date on whichthe matter is submitted to the panel, unless that date is extended by theCommissioner of the Board. Each panel shall, when making its determination,consider whether the parties have bargained in good faith and whether itbelieves the parties can resolve any remaining issues. Any panel may alsoconsider the actions taken by the parties in response to any previousfact-finding between these parties, the best interests of the State and all itscitizens, the potential fiscal effect both within and outside the politicalsubdivision, and any danger to the safety of the people of the State or a politicalsubdivision.

7. Except as otherwise provided in subsection 8, anyfact finder, whether his recommendations are to be binding or not, shall basehis recommendations or award on the following criteria:

(a) A preliminary determination must be made as to thefinancial ability of the local government employer based on all existingavailable revenues as established by the local government employer and withinthe limitations set forth in NRS 354.6241,with due regard for the obligation of the local government employer to providefacilities and services guaranteeing the health, welfare and safety of thepeople residing within the political subdivision.

(b) Once the fact finder has determined in accordancewith paragraph (a) that there is a current financial ability to grant monetarybenefits, he shall use normal criteria for interest disputes regarding theterms and provisions to be included in an agreement in assessing thereasonableness of the position of each party as to each issue in dispute and heshall consider whether the Board found that either party had bargained in badfaith.

The factfinders report must contain the facts upon which he based his determination offinancial ability to grant monetary benefits and his recommendations or award.

8. Any sum of money which is maintained in a fundwhose balance is required by law to be:

(a) Used only for a specific purpose other than thepayment of compensation to the bargaining unit affected; or

(b) Carried forward to the succeeding fiscal year inany designated amount, to the extent of that amount,

must not becounted in determining the financial ability of a local government employer andmust not be used to pay any monetary benefits recommended or awarded by thefact finder.

9. The issues which may be included in a panels orderpursuant to subsection 6 are:

(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatorybargaining, unless precluded for that year by an existing collective bargainingagreement between the parties; and

(b) Those which an existing collective bargainingagreement between the parties makes subject to negotiation in that year.

Thissubsection does not preclude the voluntary submission of other issues by theparties pursuant to subsection 5.

(Added to NRS by 1969, 1379; A 1971, 10, 1505; 1973,238; 1975, 923; 1977, 389, 917, 1367; 1979, 286, 1374; 1981, 1869; 1983, 1625;1985, 1420; 1987, 572; 1991, 626; 1995, 1936; 2005, 820, effectiveJuly 1, 2006)

NRS 288.201 Requestfor formation of panel to determine whether findings and recommendations offact finder are final and binding. [Effective through June 30, 2006.] Any request for the formation of a panel to determinewhether the findings and recommendations of a fact finder must be final andbinding must be filed no later than October 1 with the Commissioner. Therequest must include:

1. A list of the issues which remain unresolved andthe position of each party regarding those issues;

2. The requesters assessment of the fiscal effect onthe local government of the requesters positions;

3. An outline of any previous fact-finding between theparties, which includes any recommendations and awards of a fact finder and theactions of each party in response thereto;

4. A statement of whether the parties engaged inmediation regarding the current dispute;

5. A schedule of the dates and times set by the factfinder for the hearing; and

6. Any other information deemed necessary by theCommissioner.

Any personfiling such a request shall give written notice of the request to the Nevada StateBoard of Accountancy and the State Bar of Nevada.

(Added to NRS by 1981, 1867; A 1985, 1422)

NRS 288.201 Request for formation of panel todetermine whether findings and recommendations of fact finder are final andbinding. [Effective July 1, 2006.] Any requestfor the formation of a panel to determine whether the findings andrecommendations of a fact finder must be final and binding must be filed withthe Commissioner. The request must include:

1. A list of the issues which remain unresolved andthe position of each party regarding those issues;

2. The requesters assessment of the fiscal effect onthe local government of the requesters positions;

3. An outline of any previous fact-finding between theparties, which includes any recommendations and awards of a fact finder and theactions of each party in response thereto;

4. A statement of whether the parties engaged inmediation regarding the current dispute;

5. A schedule of the dates and times set by the factfinder for the hearing; and

6. Any other information deemed necessary by theCommissioner.

Any personfiling such a request shall give written notice of the request to the NevadaState Board of Accountancy and the State Bar of Nevada.

(Added to NRS by 1981, 1867; A 1985, 1422; 2005, 822, effectiveJuly 1, 2006)

NRS 288.202 Formationof panel to determine whether findings and recommendations of fact finder arefinal and binding. [Effective through June 30, 2006.]

1. Within 5 days after receiving notice of such arequest, the Nevada State Board of Accountancy and the State Bar of Nevadashall each submit to the Commissioner and each party to the dispute a list ofnames of five of their members who would serve on a panel and are not closelyallied with any employee association or local government employer.

2. Within 8 days after receiving the lists, theparties shall choose one name from each list by alternately striking one nameuntil the names of only one attorney and one accountant remain, who will eachbe a member of the panel. The parties shall choose the member from the list ofaccountants separately from their choice from the list of attorneys. Theparties shall notify the Commissioner of their selections and he shall notifythe attorney and accountant selected.

3. Within 5 days after receiving notice of theirselection, the attorney and accountant shall:

(a) Choose the third member of the panel, who must:

(1) Be willing to serve on the panel;

(2) Be a resident of this State; and

(3) Not be closely allied with any employeeorganization or local government employer.

(b) Notify the Commissioner of their choice, and thethree members shall notify the Commissioner of the dates before August 10 whenthey will all be available to attend hearings.

4. The Commissioner shall serve as a nonvoting memberand also as the chairman of the panel.

5. If the accountant or attorney selected to serve onthe panel is unable to do so, the Nevada State Board of Accountancy or StateBar of Nevada shall designate a person to replace its nominee. If the personselected by the accountant and attorney is unable to serve, they shalldesignate a person to replace him. If the Commissioner is unable to serve, theGovernor shall designate a person to serve in his capacity.

(Added to NRS by 1981, 1867)

NRS 288.202 Formation of panel to determinewhether findings and recommendations of fact finder are final and binding.[Effective July 1, 2006.]

1. Within 5 days after receiving notice of such arequest, the Nevada State Board of Accountancy and the State Bar of Nevadashall each submit to the Commissioner and each party to the dispute a list ofnames of five of their members who would serve on a panel and are not closelyallied with any employee association or local government employer.

2. Within 8 days after receiving the lists, theparties shall choose one name from each list by alternately striking one nameuntil the names of only one attorney and one accountant remain, who will eachbe a member of the panel. The parties shall choose the member from the list ofaccountants separately from their choice from the list of attorneys. Theparties shall notify the Commissioner of their selections and he shall notifythe attorney and accountant selected.

3. Within 5 days after receiving notice of theirselection, the attorney and accountant shall:

(a) Choose the third member of the panel, who must:

(1) Be willing to serve on the panel;

(2) Be a resident of this State; and

(3) Not be closely allied with any employeeorganization or local government employer.

(b) Notify the Commissioner of their choice, and thethree members shall, within 5 days after selecting the third member of thepanel, notify the Commissioner of the dates when they will all be available toattend hearings.

4. The Commissioner shall serve as a nonvoting memberand also as the chairman of the panel.

5. If the accountant or attorney selected to serve onthe panel is unable to do so, the Nevada State Board of Accountancy or StateBar of Nevada shall designate a person to replace its nominee. If the personselected by the accountant and attorney is unable to serve, they shalldesignate a person to replace him. If the Commissioner is unable to serve, theGovernor shall designate a person to serve in his capacity.

(Added to NRS by 1981, 1867; A 2005, 822, effectiveJuly 1, 2006)

NRS 288.203 Compensationof members of panel; claims.

1. Each person, except the Commissioner, who serves ona panel formed pursuant to NRS 288.201is entitled to receive as compensation $150 for each day he is engaged in thebusiness of the panel and the expenses and allowances prescribed in NRS 281.160.

2. All claims which arise pursuant to this sectionmust be paid from the reserve for Statutory Contingency Account upon approvalby the Commissioner and the State Board of Examiners.

(Added to NRS by 1981, 1868; A 1985, 618; 1991, 1760)

NRS 288.205 Submissionof dispute between certain employees and local government employer to factfinder: Time limited for certain matters. Inthe case of an employee organization and a local government employer to which NRS 288.215 applies, the followingdepartures from the provisions of NRS288.200 also apply:

1. If the parties have not reached agreement by April10, either party may submit the dispute to an impartial fact finder at any timefor his findings.

2. In a regular legislative year, the fact-findinghearing must be stayed up to 20 days after the adjournment of the Legislaturesine die.

3. Any time limit prescribed by this section or NRS 288.200 may be extended by agreement ofthe parties.

(Added to NRS by 1977, 916; A 1979, 1375)

NRS 288.210 Subpoenasof fact finder; powers of district court.

1. For the purpose of investigating disputes, the factfinder may issue subpoenas requiring the attendance of witnesses before him,together with all books, memoranda, papers and other documents relative to thematters under investigation, administer oaths and take testimony thereunder.

2. The district court in and for the county in whichany investigation is being conducted by a fact finder may compel the attendanceof witnesses, the giving of testimony and the production of books and papers asrequired by any subpoena issued by the fact finder.

3. In case of the refusal of any witness to attend ortestify or produce any papers required by such subpoena, the fact finder mayreport to the district court in and for the county in which the investigationis pending by petition, setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the mannerprescribed in this chapter;

(c) That the witness has failed and refused to attendor produce the papers required by subpoena before the fact finder in theinvestigation named in the subpoena, or has refused to answer questionspropounded to him in the course of such investigation,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the fact finder.

4. The court, upon petition of the fact finder, shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in such order, the time to be not more than 10days from the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers before the fact finder. Acertified copy of the order shall be served upon the witness. If it appears tothe court that the subpoena was regularly issued by the fact finder, the courtshall thereupon enter an order that the witness appear before the fact finderat the time and place fixed in the order and testify or produce the requiredbooks or papers, and upon failure to obey the order the witness shall be dealtwith as for contempt of court.

(Added to NRS by 1969, 1379; A 1971, 1507)

NRS 288.215 Submissionof dispute between firefighters or police officers and local governmentemployer to arbitrator; hearing; determination of financial ability of localgovernment employer; negotiations and final offer; effect of decision ofarbitrator; content of decision.

1. As used in this section:

(a) Firefighters means those persons who are salariedemployees of a fire prevention or suppression unit organized by a politicalsubdivision of the State and whose principal duties are controlling andextinguishing fires.

(b) Police officers means those persons who aresalaried employees of a police department or other law enforcement agencyorganized by a political subdivision of the State and whose principal dutiesare to enforce the law.

2. The provisions of this section apply only tofirefighters and police officers and their local government employers.

3. If the parties have not agreed to make the findingsand recommendations of the fact finder final and binding upon all issues, anddo not otherwise resolve their dispute, they shall, within 10 days after thefact finders report is submitted, submit the issues remaining in dispute to anarbitrator who must be selected in the manner provided in NRS 288.200 and have the same powersprovided for fact finders in NRS 288.210.

4. The arbitrator shall, within 10 days after he isselected, and after 7 days written notice is given to the parties, hold ahearing to receive information concerning the dispute. The hearings must beheld in the county in which the local government employer is located and thearbitrator shall arrange for a full and complete record of the hearings.

5. At the hearing, or at any subsequent time to whichthe hearing may be adjourned, information may be presented by:

(a) The parties to the dispute; or

(b) Any interested person.

6. The parties to the dispute shall each pay one-halfof the costs incurred by the arbitrator.

7. A determination of the financial ability of a localgovernment employer must be based on all existing available revenues asestablished by the local government employer and within the limitations setforth in NRS 354.6241, with due regardfor the obligation of the local government employer to provide facilities andservices guaranteeing the health, welfare and safety of the people residingwithin the political subdivision.

8. At the recommendation of the arbitrator, theparties may, before the submission of a final offer, enter into negotiations.If the negotiations are begun, the arbitrator may adjourn the hearings for aperiod of 3 weeks. An agreement by the parties is final and binding, and uponnotification to the arbitrator, the arbitration terminates.

9. If the parties do not enter into negotiations or donot agree within 30 days, each of the parties shall submit a single writtenstatement containing its final offer for each of the unresolved issues.

10. The arbitrator shall, within 10 days after thefinal offers are submitted, accept one of the written statements, on the basisof the criteria provided in NRS 288.200,and shall report his decision to the parties. The decision of the arbitrator isfinal and binding on the parties. Any award of the arbitrator is retroactive tothe expiration date of the last contract.

11. The decision of the arbitrator must include astatement:

(a) Giving his reason for accepting the final offerthat is the basis of his award; and

(b) Specifying his estimate of the total cost of theaward.

(Added to NRS by 1977, 916; A 1985, 2163; 1987, 1860;1995, 1938; 2005, 326)

NRS 288.217 Submissionof dispute between school district and employee organization to arbitrator;hearing; determination of financial ability of school district; negotiationsand final offer; effect of decision of arbitrator; content of decision.

1. The provisions of this section govern negotiationsbetween school districts and employee organizations representing teachers andeducational support personnel.

2. If the parties to a negotiation pursuant to thissection have failed to reach an agreement after at least four sessions ofnegotiation, either party may declare the negotiations to be at an impasse and,after 5 days written notice is given to the other party, submit the issuesremaining in dispute to an arbitrator. The arbitrator must be selected in themanner provided in subsection 2 of NRS288.200 and has the powers provided for fact finders in NRS 288.210.

3. The arbitrator shall, within 30 days after he isselected, and after 7 days written notice is given to the parties, hold ahearing to receive information concerning the dispute. The hearing must be heldin the county in which the school district is located and the arbitrator shallarrange for a full and complete record of the hearing.

4. The parties to the dispute shall each pay one-halfof the costs of the arbitration.

5. A determination of the financial ability of aschool district must be based on all existing available revenues as establishedby the school district and within the limitations set forth in NRS 354.6241, with due regard for theobligation of the school district to provide an education to the childrenresiding within the district.

6. At the recommendation of the arbitrator, theparties may, before the submission of a final offer, enter into negotiations.If the negotiations are begun, the arbitrator may adjourn the hearing for aperiod of 3 weeks. If an agreement is reached, it must be submitted to thearbitrator, who shall certify it as final and binding.

7. If the parties do not enter into negotiations or donot agree within 30 days after the hearing held pursuant to subsection 3, eachof the parties shall submit a single written statement containing its finaloffer for each of the unresolved issues.

8. The arbitrator shall, within 10 days after thefinal offers are submitted, render his decision on the basis of the criteriaset forth in NRS 288.200. The arbitratorshall accept one of the written statements and shall report his decision to theparties. The decision of the arbitrator is final and binding on the parties.Any award of the arbitrator is retroactive to the expiration date of the lastcontract between the parties.

9. The decision of the arbitrator must include astatement:

(a) Giving his reason for accepting the final offerthat is the basis of his award; and

(b) Specifying his estimate of the total cost of the award.

10. As used in this section:

(a) Educational support personnel means allclassified employees of a school district, other than teachers, who arerepresented by an employee organization.

(b) Teacher means an employee of a school districtwho is licensed to teach in this State and who is represented by an employeeorganization.

(Added to NRS by 1991, 625; A 1995, 1939)

NRS 288.220 Certainproceedings not required to be open or public. Thefollowing proceedings, required by or pursuant to this chapter, are not subjectto any provision of NRS which requires a meeting to be open or public:

1. Any negotiation or informal discussion between alocal government employer and an employee organization or employees asindividuals, whether conducted by the governing body or through arepresentative or representatives.

2. Any meeting of a mediator with either party or bothparties to a negotiation.

3. Any meeting or investigation conducted by a factfinder.

4. Any meeting of the governing body of a localgovernment employer with its management representative or representatives.

5. Deliberations of the Board toward a decision on acomplaint, appeal or petition for declaratory relief.

(Added to NRS by 1969, 1380; A 1971, 600, 1508; 1977,1368; 1979, 287)

STRIKES

NRS 288.230 Legislativedeclaration; illegality of strikes.

1. The Legislature finds as facts:

(a) That the services provided by the State and localgovernment employers are of such nature that they are not and cannot beduplicated from other sources and are essential to the health, safety andwelfare of the people of the State of Nevada;

(b) That the continuity of such services is likewiseessential, and their disruption incompatible with the responsibility of theState to its people; and

(c) That every person who enters or remains in theemployment of the State or a local government employer accepts the facts statedin paragraphs (a) and (b) as an essential condition of his employment.

2. The Legislature therefore declares it to be thepublic policy of the State of Nevada that strikes against the State or anylocal government employer are illegal.

(Added to NRS by 1969, 1382)

NRS 288.240 Injunctiverelief against strike or threatened strike.

1. If a strike occurs against the State or a localgovernment employer, the State or local government employer shall, and if astrike is threatened against the State or a local government employer, theState or local government employer may, apply to a court of competentjurisdiction to enjoin such strike. The application shall set forth the factsconstituting the strike or threat to strike.

2. If the court finds that an illegal strike hasoccurred or unless enjoined will occur, it shall enjoin the continuance orcommencement of such strike. The provisions of N.R.C.P. 65 and of the otherNevada Rules of Civil Procedure apply generally to proceedings under thissection, but the court shall not require security of the State or of any localgovernment employer.

(Added to NRS by 1969, 1382)

NRS 288.250 Punishmentof employee organization, officer or employee by court for commencement orcontinuation of strike in violation of order.

1. If a strike is commenced or continued in violationof an order issued pursuant to NRS 288.240,the court may:

(a) Punish the employee organization or organizationsguilty of such violation by a fine of not more than $50,000 against eachorganization for each day of continued violation.

(b) Punish any officer of an employee organization whois wholly or partly responsible for such violation by a fine of not more than$1,000 for each day of continued violation, or by imprisonment as provided in NRS 22.110.

(c) Punish any employee of the State or of a localgovernment employer who participates in such strike by ordering the dismissalor suspension of such employee.

2. Any of the penalties enumerated in subsection 1 maybe applied alternatively or cumulatively, in the discretion of the court.

(Added to NRS by 1969, 1382)

NRS 288.260 Punishmentof employee by employer for commencement or continuation of strike or violationin violation of courts order.

1. If a strike or violation is commenced or continuedin violation of an order issued pursuant to NRS288.240, the State or the local government employer may:

(a) Dismiss, suspend or demote all or any of theemployees who participate in such strike or violation.

(b) Cancel the contracts of employment of all or any ofthe employees who participate in such strike or violation.

(c) Withhold all or any part of the salaries or wageswhich would otherwise accrue to all or any of the employees who participate insuch strike or violation.

2. Any of the powers conferred by subsection 1 may beexercised alternatively or cumulatively.

(Added to NRS by 1969, 1383; A 1971, 1508)

PROHIBITED PRACTICES

NRS 288.270 Employeror representative; employee or employee organization.

1. It is a prohibited practice for a local governmentemployer or its designated representative willfully to:

(a) Interfere, restrain or coerce any employee in theexercise of any right guaranteed under this chapter.

(b) Dominate, interfere or assist in the formation oradministration of any employee organization.

(c) Discriminate in regard to hiring, tenure or anyterm or condition of employment to encourage or discourage membership in anyemployee organization.

(d) Discharge or otherwise discriminate against anyemployee because he has signed or filed an affidavit, petition or complaint orgiven any information or testimony under this chapter, or because he hasformed, joined or chosen to be represented by any employee organization.

(e) Refuse to bargain collectively in good faith withthe exclusive representative as required in NRS288.150. 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,age, physical or visual handicap, national origin or because of political orpersonal reasons or affiliations.

(g) Fail to provide the information required by NRS 288.180.

2. It is a prohibited practice for a local governmentemployee or for an employee organization or its designated agent willfully to:

(a) Interfere with, restrain or coerce any employee inthe exercise of any right guaranteed under this chapter.

(b) Refuse to bargain collectively in good faith withthe local government employer, if it is an exclusive representative, asrequired in NRS 288.150. Bargainingcollectively includes the entire bargaining process, including mediation andfact-finding, provided for in this chapter.

(c) Discriminate because of race, color, religion, sex,age, physical or visual handicap, national origin or because of political orpersonal reasons or affiliations.

(d) Fail to provide the information required by NRS 288.180.

(Added to NRS by 1971, 1508; A 1975, 924; 1977, 757)

NRS 288.280 Controversiesconcerning prohibited practices to be submitted to Board. Any controversy concerning prohibited practices may besubmitted to the Board in the same manner and with the same effect as providedin NRS 288.110, except that an allegedfailure to provide information as provided by NRS288.180 shall be heard and determined by the Board as soon as possibleafter the complaint is filed with the Board.

(Added to NRS by 1971, 1509; A 1977, 758)

 

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