AB 378 — Revises provisions governing collective bargaining. (BDR 23-1050)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT A.B.

378378–Committee Aon SSEMBLYGovernment BAffairs ILLNCHAPTER.......... O.

378–COMMITTEE ON GOVERNMENT A FFAIRS M ARCH 22, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing collective bargaining.

(BDR 23-1050) FISCAL NOTE:

EffEffect on the State:

No.

No.

~ EXPLANATION – Matter in bolded italics is new;

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

making an appropriation;

(NRS 288.400-288.630) In general, a collective bargaining agreement for such a group of employees must begin on July 1 of an odd-numbered year and must end on June 30 of the next odd- numberednumbExisting year.law requires the Governor to designate a representative to conduct negotiations concerning collective bargaining agreements on behalf of the Executive Department and requires negotiations between the representative of the Executive Department and the exclusive representative of a bargaining unit to begin within 60 days after one party notifies the other party of the desire to negotiate or November 1 of each even-numbered year, whichever is earlier.

(NRS 288.550)288.565) Existing law requires the Governor to designate a representative to conduct negotiations concerning collective bargaining agreements on behalf of the Executive Department and requires negotiations between the representative of the Executive Department and the exclusive representative of a bargaining unit to begin within 60 days after one party notifies the other party of the desire to negotiate or Section 1 of this bill requires such negotiations to begin on or before October 1, rather than November 1, of each even-numbered year.

Existing law authorizes either the representative of the Executive Department or the exclusive representative of a bargaining unit to request a mediator if the parties do not reach a collective bargaining agreement within 120 days after beginning negotiations or February 1 of an odd-numbered year, whichever is earlier, unless the parties agree on a later date.

(NRS 288.570) Section 1 requires the representative of the Executive Department and the exclusive representative of a bargaining unit, before engaging in collective bargaining, to:

and (2) to - *AB378_R1* – 2 – the extent possible, determine and reserve with the mediator and arbitrator selected by the parties the calendar days when such mediation and arbitration would occuroccurcted should the parties not reach a collective bargaining agreement.

If the representative of the Executive Department and the exclusive representative of a bargaining unit do not reach a collective bargaining agreement through mediation within 21 days after the appointment of a mediator, mediation is required to cease and the parties are required to begin arbitration proceedings on or before March 1 unless the parties agree on a later date.

Section 3.5 of this bill makes an appropriation to the Division of Human Resource - 82nd Session (2023) – 2 – prescheduling of arbitrations and mediations.n for costs relating to the EXPLANATION – Matter in bolded italics is new;

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

The representative may, with the approval of the Governor, delegate the responsibility to conduct such negotiations to another person.person.the responsibility to 2.

2.

- *AB378_R1* – 3 – Sec.

or (b)- On82nd orSession before(2023) any– later3 date– set2. by agreement of the parties.

2.The mediator shall bring the parties together as soon asties.

The mediator shall bring the parties together as soon as possible after [his or her appointment] a request is made pursuant to subsection 1 and shall attempt to settle each issue in dispute within [21] 10 days after his or her appointment or any later date set by agreement of the parties.

Any proposal that conflicts or is otherwise inconsistent with any provision of state law, other than the provisions of chapters 284 and 287 of NRS, shall be considered withdrawn by the proposing party when mediation is discontinued.discontinued.wn by the 2.

2.

The arbitrator and the parties shall apply and follow the procedures for arbitration that are prescribed by any rules adopted by the Board pursuant to NRS 288.110.

During arbitration, thethedopted parties retain their respective duties to negotiate in good faith.

- *AB378_R1* – 4 – [5.] 4.

- 82nd Session (2023) – 4 – [6.] 5.

The Executive Department and the exclusive representativerepSec. shall each pay one-half of the cost of arbitration.

3.5.

1.

There is hereby appropriated from the Stateration.

General Fund to the Division of Human Resource Management of the Department of Administration the sum of $20,000 for costs relating to the prescheduling of arbitrations and mediations as required pursuant to the provisions of this act.

2.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.

This1. act becomes effective on July 1, 2023.

HThis -section *AB378_R1*and sections 1, 2 and 3 of this act become effective on July 1, 2023.

2.