The Government Employee-Management Relations Act provides for requirements and procedures for collective bargaining over certain terms and conditions of employment between: (1) local government employers and certain local government employees; and (2) the Executive Department of State Government and certain employees in the classified service of this State. (Chapter 288 of NRS) The Act provides for: (1) the recognition by a local government employer that an employee organization has the right to represent the local government employees within a bargaining unit; and (2) the designation by the Government Employee-Management Relations Board of a labor organization as the exclusive representative of the classified state employees within a bargaining unit. (NRS 288.136, 288.160, 288.430, 288.520, 288.525, 288.530) Existing law authorizes a local government employer to withdraw recognition from an employee organization under certain circumstances if the local government employer first receives the written permission of the Board. (NRS 288.160) Section 1 of this bill requires the Board, if the Executive Department so petitions, to withdraw designation from an exclusive representative of the classified state employees within a bargaining unit if the exclusive representative: (1) is engaging in or threatens to engage in a strike; (2) ceases to be supported by at least 30 percent of the employees within the bargaining unit; or (3) has been found by the Board to have repeatedly failed to negotiate in good faith with the Executive Department.
With respect to collective bargaining between local government employers and employees, the Board is authorized under the Act to conduct an election by secret ballot if the Board in good faith doubts whether an employee organization is supported by a majority of the local government employees within a bargaining unit, including for the purpose of withdrawal of recognition. (NRS 288.160) With respect to collective bargaining between the Executive Department and classified state employees, the Board, under certain circumstances, is required under the Act to preside over and conduct an election to choose, change or discontinue exclusive representation of such employees. (NRS 288.525, 288.530, 288.535) Section 1 also authorizes the Board to conduct an election by secret ballot to determine whether an exclusive representative has the support of at least 30 percent of the classified state employees within a bargaining unit for the purpose of determining whether to withdraw designation from the exclusive representative. Section 2 of this bill requires the Board to preside over such an election.
Statutes affected: BDR: 288.535