Existing law 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 procedures by which the parties to a negotiation involving a school district and an employee organization representing teachers or educational support personnel, after having failed to reach a collective bargaining agreement after at least four sessions of negotiations, may submit the issues remaining in dispute to a binding arbitration process. (NRS 288.217) Section 3 of this bill sets forth additional procedures by which the parties to a negotiation involving a school district and an employee organization representing teachers may submit issues remaining in dispute to a binding arbitration process. Under section 3, the parties may, by mutual agreement, submit issues remaining in dispute to the binding arbitration process set forth in section 3 if the collective bargaining agreement between the school district and the employee organization 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; or (2) has expired, in which case the parties may submit the issues in dispute to an arbitrator any time after the expiration of the agreement. Section 3 sets forth procedures for the selection of the arbitrator and procedures and requirements for the arbitration process. Section 3 requires the arbitrator to render a final decision, which is binding on the parties: (1) if the issues in dispute are submitted to the binding arbitration process in accordance with the procedures for a collective bargaining agreement which has expired, not later than 60 days after the parties agreed to submit the issues in dispute to the binding arbitration process; or (2) if the issues in dispute are submitted to the binding arbitration process in accordance with the procedures for a collective bargaining agreement that is scheduled to expire within 75 days before the first day of instruction of a school year, not later than the first day of instruction of the school year. Section 12 of this bill makes a conforming change to indicate that parties to a negotiation between a school district and an employee organization representing teachers may utilize the procedures set forth in section 3 under certain circumstances. Section 4 of this bill provides that if a collective bargaining agreement between a school district and an employee organization representing teachers has expired and the terms of the agreement remain in effect under certain 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. Existing law declares it to be the public policy of this State that strikes against the State or a local government employer are illegal. (NRS 288.700) Existing law 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 the State or of a local government employer who participates in the strike. (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, dismissing, suspending or demoting the 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 288.715) Sections 15 and 16 of this bill provide that the penalties that may be imposed by a court and the actions that may be taken by a local government employer with respect to a strike do not apply to a strike involving teachers or an employee organization representing teachers. Instead, section 7 of this bill provides for the imposition of penalties only on the employee organization and the officers of the employee organization, and not an individual teacher, for an illegal strike. Existing law defines “strike” to mean certain specified concerted conduct. (NRS 288.074) Section 9 of this bill excludes from the definition of “strike” any of the specified concerted conduct that is engaged in by teachers at one or more schools in a school district unless the concerted conduct is engaged in on a district-wide basis. Existing law: (1) requires an employee organization that applies to a local government employer for recognition to provide a pledge in writing not to strike against the local government employer; and (2) authorizes a local government employer to withdraw recognition from an employee organization that disavows that pledge. (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. Section 10 of this bill makes a conforming change to indicate the proper placement of sections 3 and 4 in the Nevada Revised Statutes.

Statutes affected:
As Introduced: 288.015, 288.074, 288.131, 288.160, 288.217, 288.700, 288.705, 288.710, 288.715
Reprint 1: 288.015, 288.074, 288.131, 288.160, 288.217, 288.710, 288.715
As Enrolled: 288.015, 288.074, 288.131, 288.160, 288.217, 288.710, 288.715
BDR: 288.015, 288.074, 288.131, 288.160, 288.217, 288.700, 288.705, 288.710, 288.715