SB 161 — Revises provisions relating to local government employees. (BDR 23-34)

(ReprintedSenate withBill amendmentsNo. adopted on May 19, 2025) FIRST REPRINT S.B.

161161–Senator SENATENguyen BCHAPTER.......... ILLN O.

161–SENATOR NGUYEN PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to local government employees.

(BDR 23-34) 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.

LegislativeLegiExisting Counsel’slaw Digest:sets forth various requirements and procedures for collective bargaining between local government employers and local government employees.

(NRS 288.131-288.280) Existing law sets forth variousprocedures requirementsby which the parties to a negotiation involving a school district and proceduresan foremployee organization representing teachers or educational support personnel, after having failed to reach a collective bargaining betweenagreement localafter governmentat employersleast four sessions of negotiations, may submit the Section 3 of this bill sets forth additional procedures by which the parties to a negotiation involving a school district and localan governmentemployee employees.organization representing teachers may submit issues remaining in dispute to a binding arbitration process.

(NRSUnder 288.131-288.280)section Existing3, law sets forth procedures by which the parties tomay, aby negotiationmutual involvingagreement, asubmit schoolissues districtremaining andin andispute employeeto organizationthe representingbinding bargainingarbitration agreementprocess afterset atforth leastin foursection sessions3 ofif negotiations,the maycollective submitbargaining theiveagreement issuesbetween remainingthe inschool disputedistrict toand athe bindingemployee arbitrationorganization process.representing teachers:

(NRS(1) 288.217)is Sectionscheduled 3to ofexpire thiswithin bill75 setsdays forthbefore additionalthe proceduresfirst byday whichagreement 75 days before the partiesfirst today aof negotiationinstruction involvingof athe school districtyear, andin anwhich employeecase organizationthe representingparties teachers may submit the issues remaining in dispute to aan bindingarbitrator arbitrationany process.time on or after the date that is 75 days before the first day of instruction of the school year and on or before the date that is 30 days before the first day of instruction of the school year;

dispute to the binding arbitration process set forth in section 3 if the collective - *SB161_R1* – 2 – representing teachers:

(1) is scheduled to expire within 75 days before the first day of instruction of a school year and the parties have not agreed to a successor agreement 75 days before the first day of instruction of the school year, in which case the parties may submit the issues in dispute to an arbitrator any time on or after the date that is 75 days before the first day of instruction of the school year and on or before the date that is 30 days before the first day of instruction of the school year;

Section 3 requirementssets forth procedures for the arbitrationselection process.of the arbitrator and procedures and final decision, which is binding on the parties:

Section(1) 3if requires the arbitratorissues in dispute arender a submitted to renderthe binding arbitration process in accordance with the procedures for a finalcollective decision,bargaining agreement which ishas bindingexpired, onnot later than 60 days after the parties:parties agreed to submit the issues in dispute to the binding arbitration process;

(1)or (2) if the issues in dispute are submitted to the binding arbitration process in accordance with the procedures for a collective bargaining agreement whichthat hasis expired,year, not later than 60 days after the partiesfirst agreedday toof submitinstruction theof issues in dispute to the bindingschool arbitrationyear. process;

orSection (2)12 ifof thethis issues- in83rd disputeSession are(2025) submitted– to2 the– bindingbill arbitrationmakes process in accordance with the procedures for a collectiveconforming bargainingchange agreementto indicate that isparties scheduled to expirea withinnegotiation 75between daysa beforeschool thedistrict firstand dayan ofemployee instructionorganization ofrepresenting ateachers schoolmay year,utilize not later than the firstprocedures dayset offorth instructionin ofsection the3 schoolunder year.certain circumstances.

Sectiona 12 of this school district and an employee organization representing teachers mayhas utilizeexpiredtween and the proceduresterms setof forththe inagreement sectionremain 3in effect under certain circumstances.circumstances, the school district or any agent thereof is prohibited from requesting, requiring or urging a teacher to work more in any workday or workweek than the total amount of time required by the expired agreement for each workday or workweek.

SectionExisting 4law ofdeclares thisit billto providesbe that if a collective bargaining agreement between a school district and an employee organization representing teachers has expired and the termspublic policy of thethis agreementState remainthat instrikes effectagainst under certain circumstances, the schoolState district or any agent thereof is prohibited from requesting, requiring or urging a teacherlocal togovernment workemployer moreare inillegal. any workday or workweek than the total amount of time required by the expired agreement for each workday or workweek.

Existing(NRS law288.700) declaresExisting itlaw to be the public policy of this State that strikes against requires a court that finds that such an illegal strike has occurred, or unless enjoined will occur, to enjoin the commencement or continuance of the strike.

(NRS 288.705) If a strike is commenced or continued in violation of an order enjoining the strike, existing law authorizes a court to impose certain penalties against an employee organization or labor organization guilty of such violation, any officer thereof who is wholly or partly responsible of such violation or any employee of the288.710) StateExisting orlaw ofalso authorizes a State or local government employer to take certain actions against an employee who participates in a strike, including, dismissing, suspending or demoting the strike.employee, canceling the contract of employment for such an employee or withholding all or any part of the salary or wages of the employee which would otherwise accrue.

(NRS 288.710) Existing law also authorizes a State or local government employer to take certain actions against an employee who participates in a strike, including, employment for such an employee or withholding all or any part of the salary or wages of the employee which would otherwise accrue.

the(NRS specified288.074) concertedSection conduct9 thatof isthis engagedbill inexcludes byfrom teachersthe atdefinition oneof or“strike” more any of schools in a school district unless the concerted conduct is engaged in on a district- wide basis.

(1) requires an employee organization that applies to a local government employer for recognition to provide a pledge in writing not to strike - *SB161_R1* – 3 – against the local government employer;

and (2) authorizes a local government employer to withdraw recognition from an employee organization that disavows organizationthat representingpledge. teachers from those provisions.es an employee Sections 2 and 8 of this bill establish a definition for the term “teacher” for the purposes of the provisions of existing law governing collective bargaining by public employees.

(NRS 288.160) Section 11 of this bill excludes an employee organization representing teachers from those provisions.

Sections 2 and 8 of this bill establish a definition for the term “teacher” for the purposes of the provisions of existing law governing collective bargaining by public employees.

- 83rd Session (2025) – 3 – EXPLANATION – Matter in bolded italics is new;

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

Except as otherwise provided in subsection 3, if a collective bargaining agreement between a school district and an employee organization representing teachers is scheduled to expire within 75 days before the first day of instruction of a school year and the parties have not agreed to a successor agreement 75 days before the first day of instruction of the school year, the parties may, at any time on or after the date that is 75 days before the first day of instruction of the school year and on or before the date that is 30 days before the first day of instruction of the school year, mutually agree to submit the issues remaining in dispute to an arbitrator to arbitrate the dispute in accordance with the provisions of this section.

Not less than 180 days before the expiration of a collective bargaining agreement between a school district and an employee organization representing teachers or, for such a collective bargaining agreement that is of the type described in subsection 1, not less than 180 days before the first day of instruction of the school year, the parties shall assemble a list of not more than five potential arbitrators who agree to make themselves available to conduct arbitration proceedings in accordance with the provisions - *SB161_R1* – 4 – of this section.

The number of potential arbitrators on the list and the selection of each potential arbitrator on the list must be mutually agreed to by the parties.

- 83rd Session (2025) – 4 – 4.

During any period specified in subsection 1 or 2, either party to the collective bargaining agreement may submit to the other party a request to agree to submit the issues remaining in dispute to an arbitrator to arbitrate the dispute in accordance with thebusiness provisionsdays after receipt of thisthe section.request, respond to the party and either approve or deny the request.

The other party shall, within 3 business days after receipt of the request, respond to the party and either approve or deny the request.

A determination of the financial ability of a school district mustmus(a) beAll basedexisting on:available revenues as established by the school district, including, without limitation, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district, and with the limitations set forth in NRS 354.6241, with due regard for the obligation of the school district to provide an education to the children residing within the district.

(a) All existing available revenues as established by the school district, including, without limitation, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district, and with the limitations set forth in NRS 354.6241, with due regard for the obligation of the school district to provide an education to the children residing within the district.