Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(81st) A SB294 R1 475 Amendment No.
294–Senator475 CannizzaroSenate CHAPTER..........Amendment to Senate Bill No.
294 First Reprint (BDR 23-254) Proposed by:
Senator Cannizzaro Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
AAK - Date:
4/19/2021 S.B.
No.
294—Revises provisions governing collective bargaining by local government employers.
(BDR 23-254) Page 1 of 8 *A_SB294_R1_475* Senate Amendment No.
475 to Senate Bill No.
294 First Reprint Page 3 SENATE BILLN O.
294–ENATOR C ANNIZZARO M ARCH 22,2021 _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing collective bargaining by local government employers.
(BDR 23-254) 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.
Under existing law, if a local government employer and an employee organization that represents local government employees, other than firefighters, police officers, teachers and educational support personnel, fail to resolve a disputed issue in negotiating a collectivecollectivend bargaining agreement, either party may factsubmit finder, the partiesdispute may agree to makean theimpartial findings and recommendations of thehe fact finderfinder. final and binding.
Before submitting the dispute to the fact finder, the parties may agree to make the findings and recommendations of the fact finder final and binding.
Section 4 of this bill makes a conforming change by eliminating the authorization of the expenditure of funds from the Reserve for Statutory Contingency Account in the ExistingState lawGeneral establishesFund certainfor proceduresexpenses andrelated requirements applicable to thesuch fact-findingpanels. process in negotiations between local government employers and recognized employee organizations representing firefighters and police officers and between school districts and employee organizations representing teachers and educational support personnel.
(NRSExisting 288.205,law 288.215,establishes 288.217)certain Those procedures and requirements differapplicable to the fact- finding process in certainnegotiations respectsbetween fromlocal thegovernment proceduresemployers and requirementsrecognized applicableemployee toorganizations fact-findingrepresenting infirefighters laborand negotiationspolice involvingofficers other[.] localand governmentbetween employees.school districts and employee organizations representing teachers and educational support personnel.
Section(NRS 2288.205, of[288.215)] this288.215, bill288.217) Those procedures and requirements differ in certain respects from the procedures and requirements applicable to fact-finding in makes changes applicable only to labor disputes [between local government employers which are cities and employee organizations which represent employees] other than those involving firefighters , [and] police officers [.] , teachers and educational support personnel.
Specifically [, if a city and such an employee organization do not] section 2 provides that unless the parties to thelthe dispute agree [on whether] to make the findings and recommendations of a fact finder final and binding,binding [, section 1 allows either party to the dispute to] , either party may submit the findings and recommendations of the fact finder to a second fact finder to serve as an arbitrator and issue a decision which is final and binding on the parties.
EXPLANATIONSenate –Amendment MatterNo. in bolded italics is new;
matter475 between brackets [omitted material] is material to beSenate omitted.Bill No.
294 First Reprint Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(Deleted[Chapter 288 of NRS is hereby amended by amendment.)adding Sec.thereto a new section to read as follows:
In the case of an employee organization and a local government employer which is a city and to which NRS 288.215 does not apply, the following departures from the provisions of NRS 288.200 apply:
1.
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 submission of the findings and recommendations of the fact finder on all or any specified issues in a particular dispute which are within the scope of subsection 10 of NRS 288.200 to a second fact finder to serve as an arbitrator and issue a decision which is final and binding.
2.
The parties shall select a second fact finder to serve as an arbitrator pursuant to subsection 1 using the process established in subsection 2 of NRS 288.200.] (Deleted by amendment.) Sec.
and - 81st Session (2021) – 2 – 2.
A written report is issued by the fact finder describing the issues involved,involved , making findings and setting forth recommendations for settlement which may or may not be binding.binding .
[as provided in NRS 288.200.] 288.200Sec. NExcept in cases to which NRS 288.205 and 288.215, or NRS 288.217 apply:
1.2.
If:NRS 288.200 is hereby amended to read as follows:
288.200 Except in cases to which NRS 288.205 and 288.215, or NRS 288.217 [or section 1 of this act] apply:
Within 5 days after receiving a list from the applicable arbitration service, the parties shall select their fact finder from this list by alternately striking one name until the name of only one fact finder remains, who will be the fact finder to hear thefthe only dispute in question.
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 finderSenate shallAmendment reportNo. the findings and recommendations of the fact finder to the parties to the dispute within 30 days after the conclusion of the fact-finding hearing.
475 to Senate Bill No.
294 First Reprint Page 5 finder shall report the findings and recommendations of the fact finder to the parties to the dispute within 30 days after the conclusion of the fact-finding hearing.
The parties to the dispute may agree, before the submission of the dispute to fact-finding, to make the findings and -recommendations 81st Session (2021) – 3 – the parties.ons on all or any specified issues final and binding on 6.the parties.
6.
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.] The second fact finder must be selected in the manner provided in subsection 2 and has the powers provided for fact finders in NRS 288.210.
The procedures for the arbitration of a dispute prescribed by subsections 8 to 13, inclusive, of NRS 288.215 apply to the submission of a dispute to a second fact finder to serve as an arbitrator pursuant to this subsection.
Except as otherwise provided in subsection 10, any [9, any] fact finder, whether the fact finder’s recommendations are to be binding or not, shall base such recommendations or award on the following criteria:
(a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
- 81st Session (2021) – 4 – (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.
[7.] 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 accordanceSenate withAmendment theNo. provisions of chapter of NRS.
475 to Senate Bill No.
294 First Reprint Page 6 accordance with the provisions of chapter 241 of NRS.
and (c) The overall fiscal impact of the findings and ofrecommendations, the report.s, which must not include a discussion of the details of The fact finder must not be asked to discuss the decisionreport. during the meeting.
The fact finder must not be asked to discuss the decision during the meeting.
[8.] The chief executive officer of the local government shall report to the local government the fiscal impact of the findings and recommendations.
[9.] Any sum of money which is maintained in a fund whose balance is required by law to be:
or (b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount, - 81stmust Sessionnot (2021)be –counted 5in –determining the financial ability of a local government employer and must not be used to pay any monetaryfmonetary a local benefits recommended or awarded by the fact finder.
[10.] The issues which may be included in a recommendation or award by a [panel’s order pursuant to subsection 6] fact finder are:
[11.] 12.
Except for the period prescribed by subsection [7,] 8, any time limit prescribed by this section may be extended by agreement of the parties.
is353.264 hereby1. created in the State General Fund.ingency Account 2.
The Reserve for Statutory Contingency Account is hereby created in the State General Fund.
2.
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;
(d)Senate TheAmendment paymentNo. of claims which are obligations of the State pursuant to NRS 41.950;
and475 - 81st Session (2021) – 6 – (e) The payment of claims which are obligations of the State pursuant to NRSSenate 535.030Bill arisingNo. from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.
person294 designatedFirst byReprint thePage Clerk,7 under(d) suchThe circumstancespayment as ita deems appropriate, to approve, on behalf of theclaims Board,which theare paymentobligations of claims from the ReserveState forpursuant Statutoryto ContingencyNRS Account.41.950;
and (e) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.
3.
The State Board of Examiners may authorize its Clerk or a person designated by the Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account.
~~~~~TEXT 21OF -REPEALED 81stSECTIONS Session288.201 (2021)Request for formation of panel to determine whether findings and recommendations of fact finder are final and binding.
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:
1.
A list of the issues which remain unresolved and the position of each party regarding those issues;
2.
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 Nevada State Board of Accountancy and the State Bar of Nevada 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.
Senate Amendment No.
475 to Senate Bill No.
294 First Reprint Page 8 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 (3) Not be closely allied with any employee organization or local government employer.
(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.
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 shall designate a person to serve in the Commissioner’s capacity.
288.203 Compensation of members of panel;
claims.
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.
2.
All claims which arise pursuant to this section must be paid from the Reserve for Statutory Contingency Account upon approval by the Commissioner and the State Board of Examiners.