SB 166 — Revises provisions relating to collective bargaining by public employees. (BDR 23-556)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on April 17, 2023) FIRST REPRINT S.B.

166166–Senators SENATEPazina; BILL N O.

166–SENATORSDaly, PAZINADondero ;Loop and Nguyen Joint Sponsors:

DALYAssemblymen ,Hibbetts Dand ONDEROYurek LOOPCHAPTER.......... AND N GUYEN FEBRUARY 16, 2023 ____________ JOINT SPONSORS :

ASSEMBLYMEN HIBBETTS AND Y UREK ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to collective bargaining by public employees.

(BDR 23-556) 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.

LegislativeLegExisting Counsel’slaw Digest:prohibits employees who exercise certain duties under a paramilitary command structure from being deemed supervisory employees solely due to the exercise of such duties.

Existing(NRS law288.138) prohibitsSection employees1 whoof exercisethis certainbill dutiesalso under a paramilitary command structure from being deemed supervisory employees solely excludes from being deemed supervisory employees solely due to the exercise of certain duties under a paramilitary command structure certain employees who provideproExisting civilianlaw supportrequires servicesthe Government Employee-Management Relations Board to aestablish lawone enforcementbargaining agency.unit per group for certain occupational groups of employees of the Executive Department, including category I, category II and category III peace officers and supervisory employees from all occupational groups.

Existing(NRS law288.515) requiresSection the2 Governmentof Employee-Managementthis Relationsbill requires the Board to establish onea bargainingofficers; unit per group for certain occupational groups of employees of the Executive Department, including category I, category II and groups.

(NRS 288.515) Section 2 of this bill requires the Board to establish a separate bargaining unit for supervisory employees who are:

(1) category I peace officers;

- *SB166_R1* – 2 – Section 3 of this bill provides that the amendatory provisions of this bill do not apply during the current term of any collective bargaining agreement entered into before July 1, 2023.

EXPLANATION – Matter in bolded italics is new;

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

The exercise - 82nd Session (2023) – 2 – of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday.

If any of the following persons perform some, but not all, of the foregoing duties under a paramilitary command structure, such a person shall not be deemed a supervisory employee solely because of suchsuchn shall duties:

and (3)bargaining,e Be consulted on decisions relating to collective bargaining, - *SB166_R1* – 3 –  if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

- 82nd Session (2023) – 3 – (a) Labor, maintenance, custodial and institutional employees, including, without limitation, employees of penal and correctional institutions who are not responsible for security at those institutions.

(b) Administrative and clerical employees, including, without limitation, legal support staff and employees whose work involves general office work, or keeping or examining records and accounts.

(o)2.) SupervisorySAny employeesbargaining whounit areestablished firefighters.for peace officers pursuant to subsection 1 must be composed exclusively of peace officers.

2.3.

Any bargaining unit established for peace officers pursuant to subsection 1 must be composed exclusively of peace officers.

- *SB166_R1* – 4 – 3.

- 82nd Session (2023) – 4 – (b) “Category II peace officer” has the meaning ascribed to it in NRS 289.470.

(3) Is of such a character that the result accomplished or producedproduce(4) cannotRequires beadvanced standardizedknowledge in relationa tofield of science orand learning customarily acquired through a givenprolonged period;course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from general academic education, an apprenticeship or training in the performance of routine mental or physical processes.

and (4) Requires advanced knowledge in a field of science or learning customarily acquired through a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from general academic education, an apprenticeship or training in the performance of routine mental or physical processes.

- *SB166_R1* – 5 – Sec.

H~~~~~ 23 - *SB166_R1*82nd Session (2023)