Bill > SB373

Introduced Session

Legislative Counsel's Digest: Existing law authorizes collective bargaining between: (1) local government 1 employers and local government employees; and (2) the State and certain state 2 employees. (Chapter 288 of NRS) This bill authorizes collective bargaining 3 between state professional employers and professional employees. Section 7of this 4 bill defines state professional employer to mean any entity within the Executive 5 Department of State Government that employs a professional employee. Section 156 of this bill defines professional employee to mean a person who, with various 7 exceptions, is employed by a state professional employer and who: (1) is in the 8 unclassified service of the State; or (2) is paid in accordance with any arrangement 9 other than the pay plan for the classified service of the State. 10 Sections 2, 54and 56of this bill expand the powers and duties of the 11 Government-Employee Management Relations Board to include hearing and 12 deciding disputes between state professional employers and professional 13 employees. 14 Section 18of this bill sets forth certain legislative findings and declarations. 15 Section 19of this bill authorizes professional employees to organize and form 16 professional organizations or refrain from engaging in that activity. Sections 1and 17 20of this bill authorize an officer of a state professional employer to, upon written 18 authorization by a professional employee, withhold money from the salary or 19 wages of the employee to pay dues or fees to a professional organization. 20 Section 21of this bill provides for the recognition of a professional 21 organization by a state professional employer. Sections 21and 55of this bill set 22 forth the conditions under which a state professional employer is authorized to 23 withdraw that recognition. Section 22of this bill authorizes a recognized 24 professional organization to, with certain limitations, represent a professional 25 employee with respect to any condition of the employee s employment. Section 2326 of this bill authorizes, with certain conditions, a professional employee to act for 27 himself or herself with respect to conditions of his or her employment. Section 2428 of this bill establishes certain rights of professional organizations. Section 25of 29 this bill requires a state professional employee who could be subject to certain 30 adverse employment actions to be provided with certain notice and afforded certain 31 rights. 32 Section 26of this bill provides for the creation and organization of bargaining 33 units. Sections 27-30of this bill set forth procedures for a professional organization 34 to be designated by the Board, either with or without an election, as an exclusive 35 representative of a bargaining unit. 36 Section 31of this bill requires each state professional employer that has 37 recognized one or more professional organizations and each professional 38 organization to file certain reports with the Board annually. 39 Section 32of this bill sets forth certain subjects that constitute the scope of 40 mandatory bargaining. Section 33of this bill requires negotiations between an 41 exclusive representative and a state professional employer to commence within 60 42 days after one party gives notice to the other party. Section 34of this bill sets forth 43 certain duties of an exclusive representative. Section 35of this bill requires a state 44 professional employer to designate a representative to engage in collective 45 bargaining with an exclusive representative. Section 35of this bill further requires 46 a state professional employer to furnish certain data to an exclusive representative 47 upon request. Section 38of this bill authorizes a professional organization to be 48 represented by a licensed attorney in negotiations with a state professional 49 employer. Sections 36, 37, 40and 41of this bill set forth various requirements and 50 limitations relating to the provisions of a collective bargaining agreement. Sections 51 3, 4and 60of this bill provide that in the event of a conflict between certain 52 provisions of existing law pertaining to the employment of certain state employees 53 and the provisions of a collective bargaining agreement between an exclusive 54 representative and a state professional employer, the provisions of the collective 55 bargaining agreement generally prevail. 56 Section 39of this bill requires any collective bargaining agreement between a 57 state professional employer and an exclusive representative to be approved by, 58 depending on the state professional employer, either the State Board of Examiners 59 or the Board of Regents of the University of Nevada at a public hearing. Sections 60 45and 59of this bill provide that certain meetings convened for the purpose of 61 collective bargaining and resolving disputes relating to collective bargaining are 62 exempt from the provisions of existing law requiring open and public meetings of 63 public bodies. 64 Sections 42-44of this bill provide for the mediation and arbitration of disputes 65 between state professional employers and exclusive representatives. Section 46of 66 this bill prohibits certain practices in the context of collective bargaining. Section 67 47of this bill sets forth procedures to establish that a party has committed such a 68 prohibited practice. 69 Section 48of this bill establishes certain provisions relating to actions brought 70 by or against state professional employers or professional organizations. 71 Existing law requires the Board to annually assess a fee for the support of the 72 Board against local governments and the Executive Department based on the 73 number of employees employed by the local government or the Executive 74 Department in the first pay period of the immediately preceding year. (NRS 75 288.139, 288.475) Section 49of this bill requires the Board to assess a similar fee 76 against each state professional employer based on the number of professional 77 employees in a bargaining unit that had an exclusive representative in the first pay 78 period of the immediately preceding year. 79 Section 58of this bill authorizes the Governor to request the drafting of as 80 many legislative measures as are necessary to carry out the provisions of sections 81 8-49of this bill. Sections 53and 57of this bill revise provisions of existing law 82 prohibiting strikes against the State or a local government employer by an 83 employee organization or labor organization for the purpose of also prohibiting 84 strikes by a professional organization. 85 Sections 6, 7and 9-17of this bill define applicable words and terms. Sections 86 51and 53of this bill revise certain definitions relating to collective bargaining that 87 are applicable to employee organizations and labor organizations to also include 88 professional organizations. Section 50of this bill makes a conforming change to 89 properly place new language in the Nevada Revised Statutes. 90 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 281.129 is hereby amended to read as follows: 281.129 1. Any officer of the State, except the Legislative 2 Fiscal Officer, who disburses money in payment of salaries and 3 wages of officers and employees of the State: 4 (a) May, upon written requests of the officer or employee 5 specifying amounts, withhold those amounts and pay them to: 6 (1) Charitable organizations; 7 (2) Employee credit unions; 8 (3) Except as otherwise provided in paragraph (c), insurers; 9 (4) The United States for the purchase of savings bonds and 10 similar obligations of the United States; and 11 (5) Except as otherwise provided in NRS 288.545 , and 12 section 20 of this act, employee organizations , and labor 13 organizations . and professional organizations. (b) May, in accordance with an agreement entered into pursuant 15 to NRS 701A.450 between the Director of the Office of Energy and 16 the officer or employee specifying amounts, withhold those amounts 17 and pay them to the Director of the Office of Energy for credit to the 18 Renewable Energy Account created by NRS 701A.450. 19 (c) Shall, upon receipt of information from the Public 20 Employees Benefits Program specifying amounts of premiums or 21 contributions for coverage by the Program, withhold those amounts 22 from the salaries or wages of officers and employees who 23 participate in the Program and pay those amounts to the Program. 24 2. The State Controller may adopt regulations necessary to 1 withhold money from the salaries or wages of officers and 2 employees of the Executive Department. 3

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(No further action taken.) (on 06/01/2021)

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