SB 158 — Revises the definition of the term “supervisory employee” for purposes of provisions relating to collective bargaining. (BDR 23-789)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2019) FIRST REPRINT S.B.

158158–Senators SD. ENATE B ILLN O.

158–SHarris, ENATORSSpearman, D.Brooks, Cannizzaro, Parks;

HARRISCancela, ,Denis, PEARMANDondero ,Loop, BROOKSRatti ,and CWoodhouse ANNIZZAROCHAPTER.......... , ARKS ;

CANCELA , DENIS, D ONDERO L OOP , R ATTI AND W OODHOUSE FEBRUARY 14, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises the definition of the term “supervisory employee” for purposes of provisions relating to collective bargaining.

(BDR 23-789) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegExistingLegislative lawCounsel’s generallyDigest: requires a local government to engage in collective bargaining with the recognized employee organization, if any, for each bargaining unit among its employees.

(NRSExisting 288.150)law Agenerally supervisoryrequires employeea islocal prohibitedgovernment underto existingengage lawin fromcollective beingbargaining awith member of the samerecognized bargainingemployee unitorganization, asif theany, employeesfor undereach hisbargaining orunit heramong direction.its employees.

(NRS 288.170)288.150) ExistingA supervisory employee is prohibited under existing law definesfrom being a member of the same bargaining unit as the “supervisory employee” to include any person who, on behalf of his or her employer, engages in various employment actions when such actions are not just routine and require the use of independent judgment.

(NRS 288.075) Existing law further provides that an employee organization which is negotiating on behalf of two or more bargaining units consisting of firefighters or police officers may select members of the units to negotiate jointly on behalf of each other, even if one of the unitsThis consistsbill revises the definition of “supervisory employee” to prohibit a police70) officer, firefighter or certain other persons who have the powers of a peace officer from being deemed a supervisory employeesemployee andsolely because he or she engages in some, but not all, of the otheremployment unitactions doesof not.a supervisory employee under a paramilitary command structure.

(NRSEXPLANATION 288.170)– ThisMatter billin revisesbolded theitalics definitionis ofnew; “supervisory employee” to prohibit a police officer, firefighter or certain other persons who have the powers of a peace officer some, but not all, of the employment actions of a supervisory employee under a paramilitary command structure.

-matter *SB158_R1*between –brackets 2[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

or] If any of the following persons perform some, but not all, of the - 80th Session (2019) – 2 – foregoing duties under a paramilitary command structure, such a person shall not be deemed a supervisory employee solely because of such duties:

(2)(3) A firefighter,person who:, as defined in NRS 288.215;

or (3)(I) AHas personthe who:powers of a peace officer pursuant to NRS 289.150, 289.170, 289.180 or 289.190;

(I) Has the powers of a peace officer pursuant to NRS 289.150, 289.170, 289.180 or 289.190;

Nothing in this section shall be construed to mean that an employee who has been given incidental administrative duties shall be classifiedSec. as a supervisory employee.

- *SB158_R1* – 3 – Sec.

H~~~~~ 19 - *SB158_R1*80th Session (2019)