2005 Nevada Revised Statutes - Chapter 463A — Gaming Employees Labor Organizations

CHAPTER 463A - GAMING EMPLOYEES LABORORGANIZATIONS

NRS 463A.010 Legislativefindings and declaration.

NRS 463A.020 Definitions.

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

NRS 463A.040 Groundsfor disqualification of personnel of labor organization.

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

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

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

NRS 463A.080 Rightto hearing; waiver.

NRS 463A.090 Noticeof hearing.

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

NRS 463A.110 Hearing:Procedures.

NRS 463A.120 Hearing:Official notice.

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

NRS 463A.140 Hearing:Contempt.

NRS 463A.150 Failureto file notice of defense or appear.

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

NRS 463A.170 Rehearing.

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

NRS 463A.190 Judicialreview: Record on review.

NRS 463A.200 Judicialreview: Additional evidence taken by Commission.

NRS 463A.210 Judicialreview: Review confined to record.

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

NRS 463A.230 Judicialreview: Appeal to Supreme Court.

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

NRS 463A.250 Injunction;fine.

NRS 463A.260 Rightsof collective bargaining and concerted action not impaired if representativenot disqualified.

_________

NRS 463A.010 Legislativefindings and declaration. The Legislaturefinds and declares that:

1. The relationship which exists between a labororganization and the employees whom it represents or seeks to represent incollective bargaining is such that it may significantly affect the conduct of agaming operation by an employer.

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

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

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

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

1. Board means the State Gaming Control Board.

2. Commission means the Nevada Gaming Commission.

3. Gaming casino employee means any person employeddirectly or indirectly in the operation of a gaming establishment under anonrestricted license, including:

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

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

(c) All personnel involved in the operation of games,such as bingo and keno;

(d) All personnel involved in operating and maintainingslot machines, such as mechanics, floormen, change and payoff persons and thesupervisors of such persons;

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

(f) All personnel involved in the operation of a raceor sports book, such as writers, boardmen, cashiers and the supervisors of suchpersons;

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

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

but does notinclude personnel whose duties are related solely to such nongaming activitiesas entertainment, hotel operation, maintenance and the preparation and servingof food and beverages.

4. Labor organization means an organization of anykind, or any agency or employee representation committee or plan, which existsfor the purpose, in whole or in part, of dealing or seeking to deal withemployers of gaming casino employees concerning grievances, labor disputes,wages, rates of pay, hours of employment or conditions of work of gaming casinoemployees.

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

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

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

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

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

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

2. Each person listed shall file with the Board:

(a) A completeset of his fingerprints which the Board may forward to the Central Repositoryfor Nevada Records of Criminal History for submission to the Federal Bureau ofInvestigation for its report;

(b) Complete information in writing concerning hislabor organization activities, prior performance of the same or similarfunctions, previous employment or occupational history; and

(c) His criminal record if any, covering at least a10-year period unless the Board determines that a shorter period isappropriate.

3. The Commission shall by regulation prescribe thefrequency or circumstances or both with or under which the list must berevised.

4. The Commission may by regulation prescribe:

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

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

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

6. For the purposes of this section, organizationalactivity means:

(a) Soliciting membership by direct personal contact;

(b) Distributing cards regarding interests orrepresentation; or

(c) Distributing or posting a flyer, poster oradvertisement.

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

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

1. He has been convicted in any jurisdiction of anycrime involving moral turpitude or indicating a lack of business integrity orhonesty, whether denominated a felony or misdemeanor.

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

3. He is a member of or an associate of organizedcriminal elements. Identification as such a member or associate by any lawenforcement agency, legislative body or crime commission constitutes evidencewhich may be considered by the Nevada Gaming Commission.

4. His moral character and integrity, as evidenced byhis prior conduct, are such as to create a reasonable belief that hisperformance of the specified function would not be consistent with the policyof this state that gaming be conducted freely and honestly or with the welfareof the employees of the gaming industry.

(Added to NRS by 1975, 1443)

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

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

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

3. Whenever the Board undertakes an investigationpursuant to this section, the Board shall employ or consult with some personwho has a professional background in the field of labor relations. The sameservices may be retained to assist the Commission upon any subsequent hearingof the matter.

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

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

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

1. If the Board recommends that a person bedisqualified, the Commission shall serve upon the person and the labororganization for which the person is performing his function or seeking toperform that function:

(a) A notice;

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

(c) Three copies of a form entitled Notice ofDefense.

2. The notice of defense must read substantially asfollows:

 

Notice of Defense

 

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

 

Yes No

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

2. Do you admitthe facts stated in the complaint?..........................

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

 

(spacefor answer)

 

3. Are there any defenses orexplanations which you

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

If so, please specify:

 

(spacefor answer)

 

4. Do you wish to state any legalobjections to the

complaint?..................................................................................

If so, please specify:

 

(spacefor answer)

 

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

 

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

NRS 463A.070 Noticeof defense: Time for filing; contents. Within15 days after service upon him of the notice, the respondent may file with theCommission a notice of defense in which he may:

1. Request a hearing;

2. Admit the accusation in whole or in part;

3. Present new matter or explanations by way ofdefense; and

4. State any legal objections to the complaint.

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

(Added to NRS by 1975, 1444)

NRS 463A.080 Rightto hearing; waiver. The respondent is entitledto a hearing on the merits if he files a notice of defense within the timeallowed and any such notice shall be deemed a specific denial of all parts ofthe complaint not expressly admitted. Failure to file a notice of defensewithin the time allowed constitutes a waiver of the respondents right to ahearing and to judicial review of any decision or order of the Commission, butthe Commission may order a hearing. All affirmative defenses must bespecifically stated and unless objection is stated in a notice of defense, allobjections to the form of the notice and statement of reasons are waived.

(Added to NRS by 1975, 1445)

NRS 463A.090 Noticeof hearing.

1. The Commission shall determine the time and placeof the hearing as soon as is reasonably practical after receiving therespondents notice of defense. The Commission shall deliver or send a noticeof hearing by registered or certified mail to all parties at least 10 daysprior to the hearing. Unless the respondent consents, the hearing shall not beheld prior to the expiration of the time within which the respondent isentitled to file a notice of defense.

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

 

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

 

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

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

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

2. The testimony of any material witness residingwithin or without the State of Nevada may be taken by deposition in the mannerprovided by the Nevada Rules of Civil Procedure.

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

(a) The party wishing to use an affidavit shall, notless than 10 days prior to the day set for hearing, serve upon the opposing partyor counsel, either personally or by registered or certified mail, a copy of theaffidavit which he proposes to introduce in evidence together with a notice asprovided in paragraph (c).

(b) Unless the opposing party, within 7 days after suchservice, mails or delivers to the proponent a request to cross-examine affianthis right to cross-examine the affiant is waived and the affidavit, ifintroduced in evidence, must be given the same effect as if the affiant hadtestified orally. If an opportunity to cross-examine an affiant is not affordedafter request therefor is made in accordance herewith, the affidavit may beintroduced in evidence, but must be given only the same effect as other hearsayevidence.

(c) The notice referred to in paragraph (a) must besubstantially in the following form:

 

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

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

(Partyor Counsel)

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

(Address)

 

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

NRS 463A.110 Hearing:Procedures.

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

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

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

4. Every party to a hearing is entitled:

(a) To call and examine witnesses;

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

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

(d) To impeach any witness regardless of which partyfirst called him to testify; and

(e) To offer rebuttal evidence.

5. If the respondent does not testify in his ownbehalf, he may be called and examined as if under cross-examination.

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

7. The parties or their counsel may by writtenstipulation agree that certain specified evidence may be admitted even thoughsuch evidence might otherwise be subject to objection.

(Added to NRS by 1975, 1446)

NRS 463A.120 Hearing:Official notice. The Commission may takeofficial notice of any generally accepted information or technical orscientific matter within the field of gaming, and of any other fact which maybe judicially noticed by the courts of this state. The parties shall beinformed of any information, matters or facts so noticed, and shall be given areasonable opportunity, on request, to refute such information, matters orfacts by evidence or by written or oral presentation of authorities, the mannerof such refutation to be determined by the Commission.

(Added to NRS by 1975, 1447)

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

(Added to NRS by 1975, 1447)

NRS 463A.140 Hearing:Contempt. If any person in proceedings beforethe Commission disobeys or resists any lawful order or refuses to respond to asubpoena, or refuses to take the oath or affirmation as a witness or thereafterrefuses to be examined, or is guilty of misconduct during the hearing or sonear the place thereof as to obstruct the proceeding, the Commission maycertify the facts to the district court in and for the county where theproceedings are held. The court shall thereupon issue an order directing theperson to appear before the court and show cause why he should not be punishedas for contempt. The court order and a copy of the statement of the Commissionshall be served on the person cited to appear. Thereafter the court hasjurisdiction of the matter, and the same proceedings shall be had, the samepenalties may be imposed and the person charged may purge himself of thecontempt in the same way as in the case of a person who has committed acontempt in the trial of a civil action before a district court.

(Added to NRS by 1975, 1447)

NRS 463A.150 Failureto file notice of defense or appear. Failureof a respondent to file a notice of defense or to request or appear at thehearing constitutes an admission of all matters and facts contained in thecomplaint filed with respect to such respondent. In such cases the Commissionmay take action based upon such admission or upon any other evidence, includingaffidavits, and without any further notices whatever to respondent. In suchcases the Commission shall prepare and file a record containing the evidenceupon which its action was based.

(Added to NRS by 1975, 1447)

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

(Added to NRS by 1975, 1447)

NRS 463A.170 Rehearing. The Commission may, upon motion therefor made within 10days after service of a decision and order, order a rehearing before theCommission upon such terms and conditions as it may deem just and proper if apetition for judicial review of the decision and order has not been filed. Suchmotion shall not be granted except upon a showing that there is additionalevidence which is material and necessary and reasonably calculated to changethe decision of the Commission, and that sufficient reason existed for failureto present such evidence at the hearing of the Commission. The motion shall besupported by an affidavit of the moving party or his counsel showing withparticularity the materiality and necessity of the additional evidence and thereason why it was not introduced at the hearing. Upon rehearing, rebuttalevidence to the additional evidence shall be permitted. After rehearing, theCommission may modify its decision and order as the additional evidence maywarrant.

(Added to NRS by 1975, 1448)

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

1. Any person aggrieved by a final decision or orderof the Commission made after hearing or rehearing by the Commission, whether ornot a petition for rehearing was filed, may obtain a judicial review thereof inthe district court of the county in which the petitioner resides or has itsprincipal office.

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

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

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

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

(Added to NRS by 1975, 1448)

NRS 463A.190 Judicialreview: Record on review.

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

2. The complete record on review shall include copiesof:

(a) All notices and statements in the matter;

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

(c) All stipulations;

(d) The decision and order appealed from;

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

(f) The exhibits admitted or rejected; and

(g) Any other papers in the matter.

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

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

(Added to NRS by 1975, 1448)

NRS 463A.200 Judicialreview: Additional evidence taken by Commission. Thereviewing court may, upon motion therefor, order that additional evidence inthe matter be taken by the Commission upon such terms and conditions as thecourt may deem just and proper. Such motion shall not be granted except upon ashowing that the additional evidence is material and necessary and thatsufficient reason existed for failure to present such evidence at the hearingof the Commission. The motion shall be supported by an affidavit of the movingparty or his counsel showing with particularity the materiality and necessityof the additional evidence and the reason why it was not introduced in theadministrative hearing. Rebuttal evidence to the additional evidence shall bepermitted. In matters in which additional evidence is presented to theCommission, the Commission may modify its decisions and orders as theadditional evidence may warrant and shall file with the reviewing court a transcriptof the additional evidence together with any modifications of the decision andorder, all of which shall become a part of the record on review.

(Added to NRS by 1975, 1449)

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

(Added to NRS by 1975, 1449)

NRS 463A.220 Judicialreview: Court may affirm, remand or reverse. Thereviewing court may affirm the decision and order of the Commission, or it mayremand the matter for further proceedings or reverse the decision if thesubstantial rights of the petitioner have been prejudiced because the decisionis:

1. In violation of constitutional provisions;

2. In excess of the statutory authority orjurisdiction of the Commission;

3. Made upon unlawful procedure;

4. Unsupported by any substantial evidence; or

5. Arbitrary or capricious or otherwise not inaccordance with law.

(Added to NRS by 1975, 1449)

NRS 463A.230 Judicialreview: Appeal to Supreme Court. Any partyaggrieved by the final decision in the district court after a review of theCommission decision and order may appeal to the Supreme Court in the manner andwithin the time provided by law for appeals in civil cases. The Supreme Courtshall follow the same procedure thereafter as in appeals in civil actions, andmay affirm, reverse or modify the decision as the record and law shall warrant.

(Added to NRS by 1975, 1449)

NRS 463A.240 Judicialreview: Exclusive method of review. Thejudicial review by the district and Supreme Courts afforded in this chapter isthe exclusive method of review of Commission actions, decisions and orders, andprecludes the use of any of the extraordinary common-law writs or otherequitable proceedings.

(Added to NRS by 1975, 1449)

NRS 463A.250 Injunction;fine.

1. If, 10 days or more after notice ofdisqualification is given, a person performs any function for which he isdisqualified, the Commission may bring an action in the district court for thecounty where the person is performing the function or where the labororganization has its principal office, for an injunction restraining:

(a) The disqualified person from performing anyfunction for which he is disqualified;

(b) The labor organization, after the expiration of the10-day period, if it has permitted the person to perform such function, fromcollecting any dues, assessments, levies, fines or other charges in this statefrom gaming casino employees; or

(c) Both the disqualified person and the labororganization from these activities respectively.

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

3. In addition or as an alternative to enjoining the labororganization, the court may impose upon the labor organization a fine of notmore than $10,000 for each day that the disqualified person performs anyfunction for which he is disqualified after the entry of the courts order.

(Added to NRS by 1975, 1449)

NRS 463A.260 Rightsof collective bargaining and concerted action not impaired if representativenot disqualified. The provisions of thischapter do not deny or limit in any way the legitimate rights of gaming casinoemployees to bargain collectively or otherwise to engage in concerted activityfor their mutual aid and protection through representatives of their ownchoosing, if such representatives are not disqualified pursuant to theprovisions of this chapter.

(Added to NRS by 1975, 1450)

 

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