Bill > SB459

Introduced Session

Legislative Counsel's Digest: Title 23 of NRS governs public employment. This bill authorizes collective 1 bargaining between the State and certain state employees. Section 17 of this bill 2 defines the term employee for the purposes of this bill to mean a person who is 3 employed by the Executive Department of State Government. Section 17 excludes 4 from this definition, among others, classified employees and, with certain 5 exceptions, unclassified employees. 6 Sections 1, 48 and 49 of this bill expand the powers and duties of the Local 7 Government Employee-Management Relations Board to include hearing and 8 deciding disputes between the State and certain state employees. Section 47 of this 9 bill changes the name of the Local Government Employee-Management Relations 10 Board to the Government Employee-Management Relations Board to conform to 11 this change in duties. 12 Existing law requires the Local Government Employee-Management Relations 13 Board annually to assess a fee for the support of the Board against each local 14 government employer. (NRS 288.105) Section 22 of this bill additionally requires 15 the newly created Government Employee-Management Relations Board annually to 16 assess a similar fee against each entity of the Executive Department. 17 Section 23 of this bill authorizes certain state employees to organize and form 18 professional organizations or refrain from engaging in that activity. Section 24 of 19 this bill requires the Executive Department to engage in collective bargaining with 20 the recognized professional organization, if any, for each bargaining unit, if any, 21 among its employees and sets forth the subject matters within the scope of such 22 collective bargaining. Sections 24.3 and 24.7 of this bill set forth certain provisions 23 which are required to be included in a collective bargaining agreement. Section 25 24 of this bill provides for the recognition of a professional organization by the 25 Executive Department and sets forth the conditions under which the Executive 26 Department is authorized to withdraw that recognition. Sections 26-28 of this bill 27 establish procedures for elections ordered by the Board to determine membership 28 support for a professional organization or designate a bargaining agent. Section 31 29 of this bill provides for the creation and organization of bargaining units. 30 Sections 29 and 30 of this bill require the Executive Department and each 31 recognized professional organization to file certain reports with the Board annually. 32 Section 32 of this bill establishes certain rights of professional organizations. 33 Sections 24.7, 32.5 and 33 of this bill set forth certain time frames in which the 34 Executive Department and a professional organization are required to engage in 35 collective bargaining. Sections 39.3-39.8 of this bill provide for mediation and 36 arbitration in the event of a dispute between the Executive Department and a 37 professional organization. Sections 41 and 50 of this bill provide that certain 38 meetings convened for the purpose of collective bargaining and resolving disputes 39 relating to collective bargaining are exempt for the provisions of existing law 40 requiring open and public meeting of public bodies. Section 42 of this bill prohibits 41 certain unfair labor practices in the context of collective bargaining. Sections 4-11, 42 45 and 56 of this bill reorganize certain definitions in chapter 288 of NRS to 43 conform to changes made in this bill. 44 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 281.755 is hereby amended to read as follows: 281.755 1. Except as otherwise provided in subsections 2 and 2 5, a public body shall provide an employee who is the mother of a 3 child under 1 year of age with: 4 (a) Reasonable break time, with or without compensation, for 5 the employee to express breast milk as needed; and 6 (b) A place, other than a bathroom, that is reasonably free from 7 dirt or pollution, protected from the view of others and free from 8 intrusion by others where the employee may express breast milk. 9 2. If the public body determines that complying with the 10 provisions of subsection 1 will cause an undue hardship considering 11 the size, financial resources, nature and structure of the public body, 12 the public body may meet with the employee to agree upon a 13 reasonable alternative. If the parties are not able to reach an 14 agreement, the public body may require the employee to accept a 15 reasonable alternative selected by the public body and the employee 16 may appeal the decision by filing a complaint in the manner set 17 forth in subsection 4. 18 3. An officer or agent of a public body shall not retaliate, or 1 direct or encourage another person to retaliate, against an employee 2 of the public body because the employee has: 3 (a) Taken break time or used the space provided pursuant to 4 subsection 1 or 2 to express breast milk; or 5 (b) Taken any action to require the public body to comply with 6 the requirements of this section, including, without limitation, filing 7 a complaint, testifying, assisting or participating in any manner in an 8 investigation, proceeding or hearing to enforce the provisions of this 9 section. 10 4. An employee who is aggrieved by the failure of a public 11 body to comply with the provisions of this section may: 12 (a) If the employee is employed by the Executive Department of 13 State Government and is not an employee of an entity described in 14 NRS 284.013 , and is not an employee in a bargaining unit 15 pursuant to sections 12 to 43, inclusive, of this act, file a complaint 16 with the Employee-Management Committee in accordance with the 17 procedures provided pursuant to NRS 284.384; 18 (b) If the employee is employed by the Legislative Department 19 of State Government, file a complaint with the Director of the 20 Legislative Counsel Bureau; 21 (c) If the employee is employed by the Judicial Department of 22 State Government, file a complaint with the Court Administrator; 23 and 24 (d) If the employee is employed by a political subdivision of this 25 State or any public or quasi-public corporation organized under the 26 laws of this State , or if the employee is employed by the 27 Executive Department of State Government and is an employee in 28 a bargaining unit pursuant to sections 12 to 43, inclusive, of this 29 act, file a complaint with the Local Government Employee- 30 Management Relations Board in the manner set forth in 31 NRS 288.115. 32 5. The requirements of this section do not apply to the 33 Department of Corrections. The Department is encouraged to 34 comply with the provisions of this section to the extent practicable. 35 6. As used in this section, public body means: 36 (a) The State of Nevada, or any agency, instrumentality or 37 corporation thereof; 38 (b) The Nevada System of Higher Education; or 39 (c) Any political subdivision of this State or any public or quasi-40 public corporation organized under the laws of this State, including, 41 without limitation, counties, cities, unincorporated towns, school 42 districts, charter schools, hospital districts, irrigation districts and 43 other special districts. 44

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(No further action taken.) (on 06/04/2019)

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