Existing law authorizes collective bargaining between: (1) local government employers and local government employees; and (2) the State and certain state employees. (Chapter 288 of NRS) This bill authorizes collective bargaining between state professional employers and professional employees. Section 5 of this bill defines “state professional employer” to mean a board, commission or similar body within the Executive Department of the State Government, including, without limitation, the Board of Regents of the University of Nevada, that employs 400 or more professional employees. Section 13 of this bill defines “professional employee” to mean a person who, with various exceptions, is employed by a state professional employer and who is: (1) in the unclassified service of the State; or (2) paid in accordance with any arrangement other than the pay plan for the classified service of the State. Sections 2, 57 and 59 of this bill expand the powers and duties of the Government Employee-Management Relations Board to include hearing and deciding disputes between state professional employers and professional employees. Section 17 of this bill sets forth certain legislative findings and declarations. Section 18 of this bill authorizes professional employees to organize, form, join and assist professional organizations and engage in collective bargaining activity or refrain from engaging in such activity. Sections 1 and 22 of this bill authorize an officer of a state professional employer to, upon written authorization by a professional employee, withhold money from the salary or wages of the employee to pay dues or fees to a professional organization. Section 19 of this bill provides for the recognition of a professional organization by a state professional employer. Sections 19 and 58 of this bill set forth the conditions under which a state professional employer is authorized to withdraw such recognition. Section 23 of this bill: (1) authorizes a recognized professional organization to, with certain limitations, represent a professional employee with respect to any condition of the employment of the employee; and (2) provides that only an exclusive representative may engage in collective bargaining on behalf of the professional employees of the applicable bargaining unit. Section 24 of this bill authorizes, with certain conditions, a professional employee to act for himself or herself with respect to conditions of his or her employment. Section 20 of this bill establishes certain rights of professional organizations. Section 25 of this bill requires a professional employee who could be subject to certain adverse employment actions to be afforded the right to be represented unless the professional employee waives, in writing, that right. Section 26 of this bill provides for the creation and organization of bargaining units. Sections 27-31 of this bill set forth procedures for a professional organization to be designated by the Board, either with or without an election, as an exclusive representative of a bargaining unit. Sections 29 and 62 of this bill: (1) require the Board to verify each showing of interest filed by a professional organization against the employment records of the state professional employer; and (2) provide that a showing of interest by a professional employee or a petition requesting an election relating to exclusive representation submitted to the Board is confidential and not a public record. Section 32 of this bill requires each state professional employer that has recognized one or more professional organizations and each professional organization to file certain reports with the Board annually. Section 33 of this bill sets forth certain subjects that constitute the scope of mandatory bargaining. Section 34 of this bill requires negotiations between an exclusive representative and a state professional employer to commence not later than 60 calendar days after one party gives notice to the other party. Section 35 of this bill sets forth certain duties of an exclusive representative. Section 36 of this bill requires a state professional employer to designate a representative to engage in collective bargaining with an exclusive representative. Section 36 further requires a state professional employer to comply with reasonable requests to furnish certain data to the exclusive representative. Section 39 of this bill authorizes a professional organization to be represented by a licensed attorney in negotiations with a state professional employer. Sections 37, 38, 41 and 42 of this bill set forth various requirements and limitations relating to the provisions of a collective bargaining agreement. Section 64 of this bill provides that in the event of a conflict between certain policies and procedures for personnel adopted by the Board of Regents of the University of Nevada and the provisions of a collective bargaining agreement, the provisions of the collective bargaining agreement prevail. Section 40 of this bill requires any new or modified collective bargaining agreement between a state professional employer and an exclusive representative to be: (1) submitted to the members of the professional organization for a ratification vote; and (2) approved at a public hearing by, depending on the state professional employer, either the State Board of Examiners or the Board of Regents. Sections 46 and 63 of this bill provide that certain meetings convened for the purpose of collective bargaining and resolving disputes relating to collective bargaining are exempt from the provisions of existing law requiring open and public meetings of public bodies. Sections 43-45 of this bill provide for the mediation and arbitration of disputes between state professional employers and exclusive representatives. Section 47 of this bill prohibits certain practices in the context of collective bargaining. Section 48 of this bill sets forth procedures to establish that a party has committed such a prohibited practice. Section 49 of this bill establishes certain provisions relating to actions brought by or against state professional employers or professional organizations. Existing law requires the Government Employee-Management Relations Board to annually assess a fee on local government employers and the Executive Department for the support of the Board based on the number of employees employed by the local government employer or the Executive Department in the first pay period of the immediately preceding year. (NRS 288.139, 288.475) Section 50 of this bill requires the Board to assess a similar fee on each state professional employer based on the number of professional employees in a bargaining unit that had an exclusive representative in the first pay period of the immediately preceding year. Sections 51 and 52 of this bill authorize: (1) a state professional employer to use the services of the Division of Human Resource Management of the Department of Administration and the Attorney General to provide support to the state professional employer to carry out the provisions of sections 6-52 of this bill; and (2) the Division of Human Resource Management and the Attorney General to charge the state professional employer for any such services provided. Section 61 of this bill authorizes the Governor to request the drafting of as many legislative measures as are necessary to carry out the provisions of sections 6-52. Sections 56 and 60 of this bill revise provisions of existing law prohibiting strikes against the State or a local government employer by an employee organization or labor organization for the purpose of also prohibiting strikes by a professional organization. Sections 4, 5 and 7-16 of this bill define certain words and terms applicable to the provisions of this bill. Sections 54 and 55 of this bill revise certain definitions relating to collective bargaining that are applicable to employee organizations and labor organizations to also include professional organizations. Section 53 of this bill makes a conforming change to indicate the proper placement of sections 4 and 5 in the Nevada Revised Statutes. Section 65 of this bill grants the Board of Regents the authority to conduct collective bargaining negotiations and to enter into collective bargaining agreements with the professional employees of the Nevada System of Higher Education. Sections 65.3 and 65.5 of this bill make appropriations to the Interim Finance Committee for allocation to the Nevada System of Higher Education and to the Office of the Attorney General for personnel and certain other expenses associated with the changes relating to collective bargaining in this bill.

Statutes affected:
As Introduced: 281.129, 281.755, 288.015, 288.032, 288.065, 288.074, 288.080, 288.090, 288.110, 288.710, 218D.175, 239.010, 241.016, 396.251, 396.280
Reprint 1: 281.129, 281.755, 288.015, 288.032, 288.065, 288.074, 288.080, 288.090, 288.110, 288.710, 218D.175, 239.010, 241.016, 396.251, 396.280
Reprint 2: 281.129, 281.755, 288.015, 288.032, 288.065, 288.074, 288.080, 288.090, 288.110, 288.710, 218D.175, 239.010, 241.016, 396.251, 396.280
As Enrolled: 281.129, 281.755, 288.015, 288.032, 288.065, 288.074, 288.080, 288.090, 288.110, 288.710, 218D.175, 239.010, 241.016, 396.251, 396.280
BDR: 281.129, 281.755, 288.015, 288.032, 288.065, 288.074, 288.080, 288.090, 288.110, 288.710, 218D.175, 239.010, 241.016, 396.251, 396.280