Nevada 2017 Regular Session Status: To Executive

AB 271 — Revises provisions governing collective bargaining by local government employers. (BDR 23-290)

Last action — (No further action taken.)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

404 added · 496 removed

404 line(s) added, 496 removed.

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A.B.
Assembly Bill No.
271 A SSEMBLY B ILLN O.
271–Assemblyman Carrillo CHAPTER..........
271–ASSEMBLYMAN C ARRILLO M ARCH 8, 2017 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing collective bargaining by local government employers.
(BDR 23-290) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law generally requires a local government employer to engage in collective bargaining with the recognized employee organization, if any, for each bargaining unit among its employees.
Existing law generally requires a local government employer to engage in collective bargaining with the recognized employee organization, if any, for each mandatory subjects of bargaining in the negotiation of such collective bargainingain agreements.
In particular, existing law establishes certain mandatory subjects of bargaining in the negotiation of such collective bargaining agreements.
Among those mandatory subjects are sick leave, vacation leave, holidays and other paid or unpaid leaves of absence.
Among those mandatory subjects are sick leave, vacation leave, this bill clarifies that leave provided by a local government employer to an of employee for time spent by the employee in performing duties or providing services for an employee organization is a mandatory subject of collective bargaining.
(NRS 288.150) Section 2 of this bill clarifies that leave provided by a local government employer to an employee for time spent by the employee in performing duties or providing services for an employee organization is a mandatory subject of collective bargaining.
Under existing law, if a local government employer and an employee organization that represents local government employees, other than teachers and educational support personnel, fail to resolve a disputed issue in negotiating a fact finder.
Under existing law, if a local government employer and an employee organization that represents local government employees, other than teachers and educational support personnel, fail to resolve a disputed issue in negotiating a collective bargaining agreement, either party may submit the dispute to an impartial make the findings and recommendation of the fact finder final and binding.
Before submitting the dispute to the fact finder, the parties may agree to make the findings and recommendation of the fact finder final and binding.
If theree to parties cannot agree, either party may request the formation of a panel to determine whether the findings and recommendations of the fact finder on certain issues are to be final and binding.
If the parties cannot agree, either party may request the formation of a panel to determine whether the findings and recommendations of the fact finder on certain issues are to be final and binding.
Sections 1 and 6 of thiExisting law establishes certain procedures and requirements applicable to the fact-finding process in negotiations between local government employers and recognized employee organizations representing firefighters and police officers.
Sections 1 and 6 of this bill make conforming changes.
- *AB271* – 2 – (NRS 288.205, 288.215) Those procedures and requirements differ in certain respects from the procedures and requirements applicable to fact-finding in labor negotiations involving other local government employees.
Existing law establishes certain procedures and requirements applicable to the fact-finding process in negotiations between local government employers and recognized employee organizations representing firefighters and police officers.
Section 4 of this bill and police officers.
(NRS 288.205, 288.215) Those procedures and requirements differ in certain respects from the procedures and requirements applicable to fact-finding in labor makes additional changes applicable only to labor disputes involving firefighters and police officers.
employee for time spent by the employee in performing duties or providingo an services for an employee organization if the full cost of such leave is paid or reimbursed by the employee organization or is offset by the value of concessions made by the employee organization in the negotiation of an agreement with the local government employer.
Existing law authorizes a local government employer to provide leave to an employee for time spent by the employee in performing duties or providing services for an employee organization if the full cost of such leave is paid or reimbursed by the employee organization or is offset by the value of concessions made by the employee organization in the negotiation of an agreement with the unless the terms of the agreement between a local government employer and ant employee organization provide otherwise, if the local government employer agrees to provide such leave, there is a rebuttable presumption that the full cost of such - 79th Session (2017) – 2 – organization.n offset by the value of concessions made by the employee EXPLANATION – Matter in bolded italics is new;
(NRS 288.225) Section 5 of this bill provides that employee organization provide otherwise, if the local government employer agrees to provide such leave, there is a rebuttable presumption that the full cost of such leave has been offset by the value of concessions made by the employee organization.
matter between brackets [omitted material] is material to be omitted.
288.045 “Fact-finding” means the formal procedure by which an investigation of a labor dispute is conducted by [one person, a panel or a board] a fact finder at which:
288.045 “Fact-finding” means the formal procedure by which an investigation of a labor dispute is conducted by [one person, a pan1.
1.
orEvidence is presented;
Evidence is presented;
and which:
and 2.
2.
- *AB271* – 3 – (e) Other paid or nonpaid leaves of absence consistent with the provisions of this chapter [.] , including, without limitation, leave granted pursuant to NRS 288.225 for time spent by an employee in performing duties or providing services for an employee organization.
(e) Other paid or nonpaid leaves of absence consistent with the provisions of this chapter [.] , including, without limitation, leave granted pursuant to NRS 288.225 for time spent by an employee in performing duties or providing services for an employee organization.
(i) Except as otherwise provided in subsection 6, discharge and disciplinary procedures.
- 79th Session (2017) – 3 – (i) Except as otherwise provided in subsection 6, discharge and dis(j) Recognition clause.
(j) Recognition clause.
(u) Except as otherwise provided in subsections 7 and 9, the policies for the transfer and reassignment of teachers.
policies for the transfer and reassignment of teachers.d 9, the (v) Procedures for reduction in workforce consistent with the provisions of this chapter.
(v) Procedures for reduction in workforce consistent with the provisions of this chapter.
- *AB271* – 4 – (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.
(c) The right to determine:
(c) (1) Appropriate staffing levels and work performance standards, except for safety considerations;
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(3) The quality and quantity of services to be offered to the public;
- 79th Session (2017) – 4 – (3) The quality and quantity of services to be offered to the public;
4.
agreement negotiated pursuant to this chapter, a local governmentng employer is entitled to:
Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:
or (2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.
or (2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department the manner in which the local government employer plans toalance and increase the ending fund balance.
- *AB271* – 5 – ¬ Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
¬ Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
6.
- 79th Session (2017) – 5 – 6.
If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.
If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any otherwise is unenforceable and void.s chapter that provides 7.
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7.
This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining.
This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters mandatory bargaining.
- *AB271* – 6 – Sec.
Sec.
and (b) The parties have participated in mediation and by April 1, have not reached agreement, ¬ either party to the dispute, at any time after April 1, may submit the dispute to an impartial fact finder .
and - 79th Session (2017) – 6 – (b) The parties have participated in mediation and by April 1, have not reached agreement, ¬ either party to the dispute, at any time after April 1, may submit the dispute to an impartial fact finder .
[for the findings and recommendations of the fact finder.
[for the findings and recommendations of the fact finder are not binding on the parties and except as provided in subsections 5, 6 and 11.] The mediator of a dispute may also be chosen by the parties to serve as the fact finder.
The findings and recommendations of the fact finder are not binding on the parties except as provided in subsections 5, 6 and 11.] The mediator of a dispute may also be chosen by the parties to serve as the fact finder.
A schedule of dates and times for the hearing must be established within 10 days after the selection of the fact finder pursuant to subsection 2, and the fact finder shall report the findings and [recommendations] award of the fact finder to the parties to the dispute within 30 days after the conclusion of the fact-finding hearing.
A schedule of dates and times for the hearing must be established within 10 days after the selection of the fact finder pursuant to subsection 2, and the fact finder shall report the findings and [recommendations] award of the fact finder to the parties to the hearing.within 30 days after the conclusion of the fact-finding 5.
5.
If the parties do not agree on whether to make the findings and recommendations of the fact finder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a fact finder on all or any specified issues in a particular dispute which are within the scope of - *AB271* – 7 – subsection 11 are to be final and binding.
If the parties do not agree on whether to make the findings and recommendations of the fact finder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a fact finder on all or any specified issues in a particular dispute which are within the scope of subsection 11 are to be final and binding.
The determination must be made upon the concurrence of at least two members of the panel and not later than the date which is 30 days after the date on which the matter is submitted to the panel, unless that date is extended by the Commissioner of the Board.
The determination must be made upon the concurrence of at least two members of the panel and not later than the date which is 30 days after the date on which the matter is submitted to the panel, unless that date is extended by the - 79th Session (2017) – 7 – Commissioner of the Board.
Any panel may also consider the actions taken by the parties in response to any previous fact-finding between 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 political subdivision.
Any panel may also consider the actions taken by the parties 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 political subdivision.
(b) Once the fact finder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, and subject to the provisions of paragraph (c), the fact finder shall consider, to the extent appropriate, compensation of other government employees, both in and out of the State and use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and the fact finder shall consider whether the Board found that either party had bargained in bad faith.
(b) Once the fact finder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, and subject to the provisions of paragraph (c), the fact finder shall consider, to the extent appropriate, compensation of other government employees, both in and out of the State and use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in that either party had bargained in bad faith.ether the Board found (c) A consideration of funding for the current year being negotiated.
(c) A consideration of funding for the current year being negotiated.
Within 45 days after the receipt of the report from the fact finder, the governing body of the local government employer shall - *AB271* – 8 – hold a public meeting in accordance with the provisions of chapter 241 of NRS.
Within 45 days after the receipt of the report from the fact finder, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter of NRS.
(a) The issues of the parties submitted pursuant to [subsection 3;] this section;
- 79th Session (2017) – 8 – (a) The issues of the parties submitted pursuant to [subsection 3;] this section;
and (c) The overall fiscal impact of the findings and [recommendations,] award, which must not include a discussion of the details of the report.
and [recommendations,] award, which must not include a discussion of and the details of the report.
(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties;
(a) Those enumerated in subsection 2 of NRS 288.150 as the an existing collective bargaining agreement between the parties;
- *AB271* – 9 – [1.] (a) If the parties have not reached agreement by April 10, either party may submit the dispute to an impartial fact finder at any time for the findings of the fact finder.
- 79th Session (2017) – 9 – [1.] (a) If the parties have not reached agreement by April 10, either party may submit the dispute to an impartial fact finder at any time for the findings of the fact finder.
[2.] (b) In a regular legislative year, the fact-finding hearing must be stayed up to 20 days after the adjournment of the Legislature sine die.
[2.] (b) In a regular legislative year, the fact-finding hearing Legislature sine die.20 days after the adjournment of the [3.] (c) Unless the parties otherwise agree, before the submission of the dispute to fact-finding, to make the findings of the fact finder on all or any specified issues final and binding on the parties:
[3.] (c) Unless the parties otherwise agree, before the submission of the dispute to fact-finding, to make the findings of the fact finder on all or any specified issues final and binding on the parties:
2.
government employer and an employee organization providel otherwise, if the local government employer agrees to provide leave to any of its employees as described in subsection 1, there is a rebuttable presumption that the full cost of such leave has been offset by the value of concessions made by the employee organization.
Unless the terms of the agreement between a local government employer and an employee organization provide otherwise, if the local government employer agrees to provide leave to any of its employees as described in subsection 1, there is a rebuttable presumption that the full cost of such leave has been offset by the value of concessions made by the employee organization.
(a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310, - *AB271* – 10 – 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, [288.203,] 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
- 79th Session (2017) – 10 – (a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, [288.203,] 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
and (2) NRS 7.155, 34.750, 176A.640, 179.225 and 213.153, ¬ except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;
and ¬ except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;
For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State to the Clerk of the Board or the person designated by the Clerk.efer Sec.
For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board or the person designated by the Clerk.
Sec.
TEXT OF REPEALED SECTIONS 288.201 Request for formation of panel to determine whether findings and recommendations of fact finder are final and binding.
~~~~~ 17 - 79th Session (2017)
Any request for the formation of a panel to determine whether the findings and recommendations of a fact finder must be final and binding must be filed with the Commissioner.
The request must include:
- *AB271* – 11 – 1.
A list of the issues which remain unresolved and the position of 2.ch The requester’s assessment of the fiscal effect on the local government of the requester’s positions;
3.
An outline of any previous fact-finding between the parties, which includes any recommendations and awards of a fact finder and the actions of each party in response thereto;
4.
A statement of whether the parties engaged in mediation regarding the current dispute;
5.
A schedule of the dates and times set by the fact finder for the hearing;
and 6.
Any other information deemed necessary by the Commissioner.
¬ Any person filing such a request shall give written notice of the request to the Nevada State Board of Accountancy and the State Bar of Nevada.
288.202 Formation of panel to determine whether findings and recommendations of fact finder are final and binding.
1.
Within 5 days after receiving notice of such a request, the shall each submit to the Commissioner and each party to the dispute a list of names of five of their members who would serve on a panel and are not closely allied with any employee association or local government employer.
2.
Within 8 days after receiving the lists, the parties shall choose one name from each list by alternately striking one name until the names of only one attorney and one accountant remain, who will each be a member of the panel.
The parties shall choose the member from the list of accountants separately from their choice from the list of attorneys.
The parties shall notify the Commissioner of their selections and the Commissioner shall notify the attorney and accountant selected.
3.
Within 5 days after receiving notice of their selection, 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 local government employer.allied with any employee organization or (b) Notify the Commissioner of their choice, and the three members shall, within 5 days after selecting the third member of the panel, notify the Commissioner of the dates when they will all be available to attend hearings.
4.
The Commissioner shall serve as a nonvoting member and also as the chair of the panel.
- *AB271* – 12 – 5.
If the accountant or attorney selected to serve on the panel is unable to do so, the Nevada State Board of Accountancy or State Bar of Nevada shall designate a person to replace its nominee.
If the person selected by the accountant and attorney is unable to serve, the accountant and attorney shall designate another person as a replacement.
If the Commissioner is unable to serve, the Governor sha288.203gnatCompensation of members of panel;
claims.
capacity.
1.
Each person, except the Commissioner, who serves on a panel formed pursuant to NRS 288.201 is entitled to receive as compensation:
(a) One hundred fifty dollars for each day the person is engaged in the business of the panel;
and (b) The per diem allowance and travel expenses provided for state officers and employees generally.
from the Reserve for Statutory Contingency Account upon approvalpaid by the Commissioner and the State Board of Examiners.
H - *AB271*
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Action History

  1. (No further action taken.)

  2. Bill read. Placed on Chief Clerk's desk.

  3. Returned to Assembly with Governor's veto message.

  4. Vetoed by the Governor.

  5. Enrolled and delivered to Governor.

  6. In Assembly. To enrollment.

  7. Read third time. Passed. Title approved. (Yeas: 12, Nays: 9.) To Assembly.

  8. Read second time.

  9. Placed on Second Reading File.

  10. From committee: Do pass.

  11. Read first time. Referred to Committee on Government Affairs. To committee.

  12. In Senate.

  13. Read third time. Passed. Title approved. (Yeas: 26, Nays: 12, Excused: 4.) To Senate.

  14. Taken from General File. Placed on General File for next legislative day.

  15. Read second time.

  16. From committee: Do pass.

  17. From printer. To committee.

  18. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 271?
AB 271 is sponsored by Richard Carrillo.
What is the current status of AB 271?
This bill died with 2017 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 271?
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