SB 286 — Revises provisions relating to public employees. (BDR 23-1012)

NRS 288.150 is hereby amended to read as follows:

288.150 1.

Except as otherwise provided in subsection 5 , [and] NRS 354.6241 [,] and section 1 of this act, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees.

If either party so requests, agreements reached must be reduced to writing.

TheNRS scope288.425 ofis mandatoryhereby bargainingamended isto limitedread to:as follows:

(a)288.425 Salary1. or wage rates or other forms of direct monetary compensation.

(b)“Employee” Sickmeans leave.a person who:

(c)(a) VacationIs leave.employed in the classified service of the State pursuant to chapter 284 of NRS;

(d)[or] Holidays.(b) Is employed as an agent of the Nevada Gaming Control Board with the powers of a category II peace officer, as described in subsection 9 of NRS 289.470, in the unclassified service of the State;

(e)or Other(c) paidIs employed by the Nevada System of Higher Education in the classified service of the State or nonpaidis leavesrequired to be paid in accordance with the pay plan for the classified service of absence.the State.

(f) Insurance benefits.

(g) Total hours of work required of an employee on each workday or workweek.

(h) Total number of days’ work required of an employee in a work year.

(i) Except as otherwise provided in subsections 7 and 10, discharge and disciplinary procedures.

(j) Recognition clause.

(k) The method used to classify employees in the bargaining unit.

(l) Deduction of dues for the recognized employee organization.

(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

(n) No-strike provisions consistent with the provisions of this chapter.

(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.

(p) General savings clauses.

(q) Duration of collective bargaining agreements.

(r) Safety of the employee.

- *SB286_R2* – 5 – (s) Teacher preparation time.

(t) Materials and supplies for classrooms.

(u) Except as otherwise provided in subsections 8 and 10, the policies for the transfer and reassignment of teachers.

(v) Procedures for reduction in workforce consistent with the provisions of this chapter.

(w) Procedures consistent with the provisions of subsection 5 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.

3.

Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:

(a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.

(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:

(1) Appropriate staffing levels and work performance standards, except for safety considerations;

(2) The content of the workday, including without limitation workload factors, except for safety considerations;

(3) The quality and quantity of services to be offered to the public;

and (4) The means and methods of offering those services.

(d) Safety of the public.

4.

If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district is subject to negotiations with an employee organization.

5.

Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:

(a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency.

Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists.

For the purposes of this section, a fiscal emergency shall be deemed to exist:

(1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year - *SB286_R2* – 6 – from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624;

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.

(b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder.

Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.

 Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

6.

The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

7.

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.

8.

The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:

(a) Reassigning any member of the staff of such a school;

or (b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.

9.

Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection 8 or imposes consequences on the board of - *SB286_R2* – 7 – trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection 8 is unenforceable and void.

10.

The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable.

Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee.

Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.

11.

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.

The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

12.

Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m.

remain negotiable.

13.

As used in this section, “abuse or neglect of a child” has the meaning ascribed to it in NRS 392.281.

Sec.

(DeletedThe byterm amendment.)does Sec.not include:

(a) A managerial employee whose primary function, as determined by the Board, is to administer and control the business of any agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department and who is vested with discretion and independent judgment with regard to the general conduct and control of that agency, board, bureau, commission, department, division, elected officer or unit;

(b) An elected official or any person appointed to fill a vacancy in an elected office;

(c) A confidential employee;

(d) A temporary employee who is employed for a fixed period of 4 months or less;

(e) A commissioned officer or an enlisted member of the Nevada National Guard;

(f) Any person employed by the Nevada System of Higher Education who is not in the classified service of the State or required to be paid in accordance with the pay plan of the classified service of the State;

or (g) Any person employed by the Public Employees’ Retirement System who is required to be paid in accordance with the pay plan of the classified service of the State.

Sec.

Insofar as they conflict with the provisions of such an agreement, the amendatory provisions of this act do not apply during the current term of any collective bargaining agreement entered into before October 1, 2021, but do apply to any extension - *SB286_R1* – 4 – or renewal of such an agreement and to any collective bargaining agreement entered into on or after October 1, 2021.

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