Text of NV AB 191 (2025)

A.B. 191 - *AB191* ASSEMBLY BILL NO. 191–ASSEMBLYMEMBER ANDERSON PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to collective bargaining. (BDR 23-889) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to collective bargaining; authorizing collective bargaining for certain state employees; providing for the recognition of professional organizations; providing for the establishment of bargaining units and the designation of exclusive representatives; establishing certain rights for professional organizations and professional employees; establishing procedures for collective bargaining and for making collective bargaining agreements; authorizing the Government Employee-Management Relations Board to collect certain fees; prohibiting certain practices relating to collective bargaining; authorizing a state professional employer to use the services of the Division of Human Resource Management of the Department of Administration and the Attorney General for certain purposes; authorizing the Board of Regents of the University of Nevada to conduct collective bargaining negotiations and enter into collective bargaining agreements with certain employees; providing a civil penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes collective bargaining between: (1) local government 1 employers and local government employees; and (2) the State and certain state 2 employees. (Chapter 288 of NRS) This bill authorizes collective bargaining 3 between state professional employers and professional employees. Section 5 of this 4 bill defines “state professional employer” to mean a board, commission or similar 5 body within the Executive Department of the State Government, including, without 6 – 2 – - *AB191* limitation, the Board of Regents of the University of Nevada, that employs 400 or 7 more professional employees. Section 13 of this bill defines “professional 8 employee” to mean a person who, with various exceptions, is employed by a state 9 professional employer and who is: (1) in the unclassified service of the State; or (2) 10 paid in accordance with any arrangement other than the pay plan for the classified 11 service of the State. 12 Sections 2, 56 and 58 of this bill expand the powers and duties of the 13 Government Employee-Management Relations Board to include hearing and 14 deciding disputes between state professional employers and professional 15 employees. 16 Section 17 of this bill sets forth certain legislative findings and declarations. 17 Section 18 of this bill authorizes professional employees to organize, form, join 18 and assist professional organizations and engage in collective bargaining activity or 19 refrain from engaging in such activity. Sections 1 and 21 of this bill authorize an 20 officer of a state professional employer to, upon written authorization by a 21 professional employee, withhold money from the salary or wages of the employee 22 to pay dues or fees to a professional organization. 23 Section 19 of this bill provides for the recognition of a professional 24 organization by a state professional employer. Sections 19 and 57 of this bill set 25 forth the conditions under which a state professional employer is authorized to 26 withdraw such recognition. Section 22 of this bill: (1) authorizes a recognized 27 professional organization to, with certain limitations, represent a professional 28 employee with respect to any condition of the employment of the employee; and (2) 29 provides that only an exclusive representative may engage in collective bargaining 30 on behalf of the professional employees of the applicable bargaining unit. 31 Section 23 of this bill authorizes, with certain conditions, a professional 32 employee to act for himself or herself with respect to conditions of his or her 33 employment. Section 20 of this bill establishes certain rights of professional 34 organizations. Section 24 of this bill requires a professional employee who could 35 be subject to certain adverse employment actions to be afforded the right to be 36 represented unless the professional employee waives, in writing, that right. 37 Section 25 of this bill provides for the creation and organization of bargaining 38 units. Sections 26-30 of this bill set forth procedures for a professional organization 39 to be designated by the Board, either with or without an election, as an exclusive 40 representative of a bargaining unit. Sections 28 and 61 of this bill: (1) require the 41 Board to verify each showing of interest filed by a professional organization against 42 the employment records of the state professional employer; and (2) provide that a 43 showing of interest by a professional employee or a petition requesting an election 44 relating to exclusive representation submitted to the Board is confidential and not a 45 public record. 46 Section 31 of this bill requires each state professional employer that has 47 recognized one or more professional organizations and each professional 48 organization to file certain reports with the Board annually. 49 Section 32 of this bill sets forth certain subjects that constitute the scope of 50 mandatory bargaining. Section 33 of this bill requires negotiations between an 51 exclusive representative and a state professional employer to commence not later 52 than 60 calendar days after one party gives notice to the other party. Section 34 of 53 this bill sets forth certain duties of an exclusive representative. Section 35 of this 54 bill requires a state professional employer to designate a representative to engage in 55 collective bargaining with an exclusive representative. Section 35 further requires a 56 state professional employer to comply with reasonable requests to furnish certain 57 data to the exclusive representative. Section 38 of this bill authorizes a professional 58 organization to be represented by a licensed attorney in negotiations with a state 59 professional employer. 60 – 3 – - *AB191* Sections 36, 37, 40 and 41 of this bill set forth various requirements and 61 limitations relating to the provisions of a collective bargaining agreement. Sections 62 63 and 64 of this bill provide that in the event of a conflict between certain policies 63 and procedures for personnel adopted by the Board of Regents of the University of 64 Nevada and the provisions of a collective bargaining agreement, the provisions of 65 the collective bargaining agreement prevail. 66 Section 39 of this bill requires any new or modified collective bargaining 67 agreement between a state professional employer and an exclusive representative to 68 be: (1) submitted to the members of the professional organization for a ratification 69 vote; and (2) approved at a public hearing by, depending on the state professional 70 employer, either the State Board of Examiners or the Board of Regents. Sections 45 71 and 62 of this bill provide that certain meetings convened for the purpose of 72 collective bargaining and resolving disputes relating to collective bargaining are 73 exempt from the provisions of existing law requiring open and public meetings of 74 public bodies. 75 Sections 42-44 of this bill provide for the mediation and arbitration of disputes 76 between state professional employers and exclusive representatives. 77 Section 46 of this bill prohibits certain practices in the context of collective 78 bargaining. Section 47 of this bill sets forth procedures to establish that a party has 79 committed such a prohibited practice. 80 Section 48 of this bill establishes certain provisions relating to actions brought 81 by or against state professional employers or professional organizations. 82 Existing law requires the Government Employee-Management Relations Board 83 to annually assess a fee on local government employers and the Executive 84 Department for the support of the Board based on the number of employees 85 employed by the local government employer or the Executive Department in the 86 first pay period of the immediately preceding fiscal year. (NRS 288.139, 288.475) 87 Section 49 of this bill requires the Board to assess a similar fee on each state 88 professional employer based on the number of professional employees in a 89 bargaining unit that had an exclusive representative in the first pay period of the 90 immediately preceding fiscal year. 91 Sections 50 and 51 of this bill authorize: (1) a state professional employer to 92 use the services of the Division of Human Resource Management of the 93 Department of Administration and the Attorney General to provide support to the 94 state professional employer to carry out the provisions of sections 6-51 of this bill; 95 and (2) the Division of Human Resource Management and the Attorney General to 96 charge the state professional employer for any such services provided. 97 Section 60 of this bill authorizes the Governor to request the drafting of as 98 many legislative measures as are necessary to carry out the provisions of sections 99 6-51. Sections 55 and 59 of this bill revise provisions of existing law prohibiting 100 strikes against the State or a local government employer by an employee 101 organization or labor organization for the purpose of also prohibiting strikes by a 102 professional organization. 103 Sections 4, 5 and 7-16 of this bill define certain words and terms applicable to 104 the provisions of this bill. Sections 53 and 54 of this bill revise certain definitions 105 relating to collective bargaining that are applicable to employee organizations and 106 labor organizations to also include professional organizations. Section 52 of this 107 bill makes the definitions in sections 4 and 5 apply to existing law relating to 108 collective bargaining. 109 Section 65 of this bill grants the Board of Regents the authority to conduct 110 collective bargaining negotiations and to enter into collective bargaining 111 agreements with the professional employees of the Nevada System of Higher 112 Education. 113 – 4 – - *AB191* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 281.129 is hereby amended to read as follows: 1 281.129 1. Any officer of the State, except the Legislative 2 Fiscal Officer, who disburses money in payment of salaries and 3 wages of officers and employees of the State: 4 (a) May, upon written requests of the officer or employee 5 specifying amounts, withhold those amounts and pay them to: 6 (1) Charitable organizations; 7 (2) Employee credit unions; 8 (3) Except as otherwise provided in paragraph (c), insurers; 9 (4) The United States for the purchase of savings bonds and 10 similar obligations of the United States; and 11 (5) Except as otherwise provided in NRS 288.545 [,] and 12 section 21 of this act, employee organizations , [and] labor 13 organizations [.] and professional organizations. 14 (b) May, in accordance with an agreement entered into pursuant 15 to NRS 701A.450 between the Director of the Office of Energy and 16 the officer or employee specifying amounts, withhold those amounts 17 and pay them to the Director of the Office of Energy for credit to the 18 Renewable Energy Account created by NRS 701A.450. 19 (c) Shall, upon receipt of information from the Public 20 Employees’ Benefits Program specifying amounts of premiums or 21 contributions for coverage by the Program, withhold those amounts 22 from the salaries or wages of officers and employees who 23 participate in the Program and pay those amounts to the Program. 24 2. The State Controller may adopt regulations necessary to 25 withhold money from the salaries or wages of officers and 26 employees of the Executive Department. 27 Sec. 2. NRS 281.755 is hereby amended to read as follows: 28 281.755 1. Except as otherwise provided in subsections 2 and 29 5, a public body shall provide an employee who is the mother of a 30 child under 1 year of age with: 31 (a) Reasonable break time, with or without compensation, for 32 the employee to express breast milk as needed; and 33 (b) A place, other than a bathroom, that is reasonably free from 34 dirt or pollution, protected from the view of others and free from 35 intrusion by others where the employee may express breast milk. 36 2. If the public body determines that complying with the 37 provisions of subsection 1 will cause an undue hardship considering 38 the size, financial resources, nature and structure of the public body, 39 the public body may meet with the employee to agree upon a 40 reasonable alternative. If the parties are not able to reach an 41 agreement, the public body may require the employee to accept a 42 – 5 – - *AB191* reasonable alternative selected by the public body and the employee 1 may appeal the decision by filing a complaint in the manner set 2 forth in subsection 4. 3 3. An officer or agent of a public body shall not retaliate, or 4 direct or encourage another person to retaliate, against an employee 5 of the public body because the employee has: 6 (a) Taken break time or used the space provided pursuant to 7 subsection 1 or 2 to express breast milk; or 8 (b) Taken any action to require the public body to comply with 9 the requirements of this section, including, without limitation, filing 10 a complaint, testifying, assisting or participating in any manner in an 11 investigation, proceeding or hearing to enforce the provisions of this 12 section. 13 4. An employee who is aggrieved by the failure of a public 14 body to comply with the provisions of this section may: 15 (a) If the employee is employed by the Executive Department of 16 State Government, is not an employee of an entity described in NRS 17 284.013 and is not an employee in a bargaining unit pursuant to 18 NRS 288.400 to 288.630, inclusive, or sections 6 to 51, inclusive, 19 of this act, file a complaint with the Employee-Management 20 Committee in accordance with the procedures provided pursuant to 21 NRS 284.384; 22 (b) If the employee is employed by the Legislative Department 23 of State Government, file a complaint with the Director of the 24 Legislative Counsel Bureau; 25 (c) If the employee is employed by the Judicial Department of 26 State Government, file a complaint with the Court Administrator; 27 and 28 (d) If the employee is employed by a political subdivision of this 29 State or any public or quasi-public corporation organized under the 30 laws of this State or if the employee is employed by the Executive 31 Department of State Government and is an employee in a bargaining 32 unit pursuant to NRS 288.400 to 288.630, inclusive, or sections 6 to 33 51, inclusive, of this act, file a complaint with the Government 34 Employee-Management Relations Board in the manner set forth in 35 NRS 288.115. 36 5. The requirements of this section do not apply to the 37 Department of Corrections. The Department is encouraged to 38 comply with the provisions of this section to the extent practicable. 39 6. As used in this section, “public body” means: 40 (a) The State of Nevada, or any agency, instrumentality or 41 corporation thereof; 42 (b) The Nevada System of Higher Education; or 43 (c) Any political subdivision of this State or any public or quasi- 44 public corporation organized under the laws of this State, including, 45 – 6 – - *AB191* without limitation, counties, cities, unincorporated towns, school 1 districts, charter schools, hospital districts, irrigation districts and 2 other special districts. 3 Sec. 3. Chapter 288 of NRS is hereby amended by adding 4 thereto the provisions set forth as sections 4 to 51, inclusive, of this 5 act. 6 Sec. 4. “Professional organization” means an organization 7 of any kind that: 8 1. Has, as one of its purposes, the improvement of the terms 9 and conditions of employment of professional employees, as 10 defined in section 13 of this act; and 11 2. Provides the service of representation to professional 12 employees, including, without limitation, in collective bargaining 13 with state professional employers. 14 Sec. 5. “State professional employer” means a board, 15 commission or similar body within the Executive Department, 16 including, without limitation, the Board of Regents of the 17 University of Nevada on behalf of the Nevada System of Higher 18 Education, that employs 400 or more professional employees as 19 defined in section 13 of this act. 20 Sec. 6. As used in sections 6 to 51, inclusive, of this act, 21 unless the context otherwise requires, the words and terms defined 22 in sections 7 to 16, inclusive, of this act have the meanings 23 ascribed to them in those sections. 24 Sec. 7. “Arbitration” means a process of dispute resolution 25 in which the parties involved in an impasse or grievance submit 26 their dispute to a third party for a final and binding decision. 27 Sec. 8. “Bargaining unit” means a group of professional 28 employees recognized by a state professional employer as having 29 sufficient community of interest for representation by a 30 professional organization for the purpose of collective bargaining. 31 Sec. 9. “Confidential employee” means an employee who 32 provides administrative support to an employee who assists in the 33 formulation, determination and effectuation of managerial 34 personnel policies concerning collective bargaining. 35 Sec. 10. “Exclusive representative” means a professional 36 organization that, as a result of its designation as such by the 37 Board, has the exclusive right to: 38 1. Represent all the professional employees within a 39 bargaining unit; and 40 2. Engage in collective bargaining with a state professional 41 employer pursuant to sections 6 to 51, inclusive, of this act 42 concerning wages, hours and other terms and conditions of 43 employment for those professional employees. 44 – 7 – - *AB191* Sec. 11. “Grievance” means an act, omission or occurrence 1 that a professional employee or an exclusive representative 2 believes to be an injustice relating to any condition arising out of 3 the relationship between a state professional employer and a 4 professional employee, including, without limitation, working 5 hours, working conditions, membership in a professional 6 organization or the interpretation of any law, regulation or 7 agreement. 8 Sec. 12. 1. “Managerial employee” means an employee 9 whose primary function is to administer and control the business 10 of any state professional employer and who is vested with 11 discretion and independent judgment with regard to the general 12 conduct and control of the state professional employer. 13 2. The term includes, without limitation: 14 (a) A chief administrative officer, the chief administrative 15 officer’s deputy and immediate assistants, department heads 16 and their deputies and immediate assistants, appointed officials 17 and others who are primarily responsible for formulating and 18 administering management policies and programs; 19 (b) Administrators of an academic institution, including, 20 without limitation: 21 (1) Chancellors, presidents, provosts and deans; 22 (2) Vice, associate and assistant chancellors, presidents, 23 provosts and deans; and 24 (3) Other employees who are primarily responsible for 25 formulating and administering management policies and 26 programs; and 27 (c) Attorneys who serve a state professional employer or advise 28 other managerial employees. 29 3. With respect to professional employees of an academic 30 institution: 31 (a) A professional employee shall not be deemed a managerial 32 employee solely because the professional employee participates in 33 decisions with respect to courses, curriculum, personnel or other 34 matters of educational policy through shared governance 35 mechanisms or peer review. 36 (b) A chair or head of a department or similar academic unit 37 or program who performs the duties described in paragraph (a) 38 primarily on behalf of the members of the academic unit or 39 program shall not be deemed a managerial employee solely 40 because of those duties. 41 Sec. 13. 1. “Professional employee” means a person who is 42 employed by a state professional employer and: 43 (a) Is in the unclassified service of the State; or 44 – 8 – - *AB191* (b) Is paid in accordance with any arrangement other than the 1 pay plan for the classified service of the State. 2 2. The term does not include: 3 (a) A local government employee; 4 (b) A person who is employed in the classified service of the 5 State pursuant to chapter 284 of NRS; 6 (c) A person who is employed by the Nevada System of Higher 7 Education: 8 (1) In the classified service of the State; or 9 (2) Who is required to be paid in accordance with the pay 10 plan for the classified service of the State; 11 (d) A person who is a member of a bargaining unit established 12 pursuant to NRS 288.515; 13 (e) A person employed by the Public Employees’ Retirement 14 System who is required to be paid in accordance with the pay plan 15 for the classified service of the State; 16 (f) An elected official or any person appointed to fill a vacancy 17 in an elected office; 18 (g) A person who is employed in neither the classified nor the 19 unclassified service of the State pursuant to NRS 223.085; 20 (h) A person whose employment is the result of an 21 appointment by the Governor to a position which deems the person 22 to be a civil officer of the State pursuant to NRS 232A.030 or 23 616C.340; 24 (i) A managerial employee; 25 (j) A confidential employee; 26 (k) A temporary, intermittent, seasonal or part-time worker 27 who is employed by the state professional employer for less than 28 160 cumulative hours during any calendar year; 29 (l) A commissioned officer or an enlisted member of the 30 Nevada National Guard; or 31 (m) A person who is employed within the office of a statewide 32 elected constitutional officer. 33 Sec. 14. “Recognition” or “recognized” means the formal 34 acknowledgment by a state professional employer that a particular 35 professional organization has the right to represent professional 36 employees of the state professional employer. 37 Sec. 15. “Showing of interest” means written or electronic 38 documentation that provides evidence of the membership of a 39 professional employee in or his or her support for a professional 40 organization for the purpose of exclusive representation. The term 41 includes any electronic signature pursuant to chapter 719 of NRS. 42 Sec. 16. 1. “Supervisory employee” means a person who 43 does not have the responsibility for the general conduct and 44 control of a state professional employer, but who: 45 – 9 – - *AB191* (a) Performs management duties, including, without 1 limitation: 2 (1) Establishing performance standards for subordinate 3 employees; 4 (2) Scheduling, assigning, overseeing or reviewing the work 5 of subordinate employees under established performance 6 standards; or 7 (3) Effectively recommending the performance of the duties 8 described in subparagraphs (1) and (2) and the manner in which 9 such duties are performed; or 10 (b) Has the authority to adjust grievances, apply established 11 personnel policies and procedures, enforce the provisions of a 12 collective bargaining agreement or effectively recommend such 13 action, 14  if the exercise of the duties or authority described in paragraph 15 (a) or (b) is not of a merely routine or clerical nature but requires 16 the use of independent judgment and occupies a regular and 17 significant portion of the employee’s workday. 18 2. With respect to professional employees of an academic 19 institution: 20 (a) A professional employee shall not be deemed to be a 21 supervisory employee solely because the professional employee 22 participates in decisions with respect to courses, curriculum, 23 personnel or other matters of educational policy through shared 24 governance mechanisms or peer review. 25 (b) A chair or head of a department or similar academic unit 26 or program who performs the duties described in paragraph (a) 27 primarily on behalf of the members of the academic unit or 28 program shall not be deemed a supervisory employee solely 29 because of those duties. 30 Sec. 17. 1. The Legislature hereby finds and declares that 31 there is a great need to: 32 (a) Promote harmonious and constructive relations between 33 state professional employers and their professional employees; 34 and 35 (b) Increase the efficiency of state professional employers. 36 2. It is therefore in the public interest that the Legislature 37 enact provisions: 38 (a) Granting certain professional employees the right to 39 associate with others in organizing and choosing exclusive 40 representatives for the purpose of engaging in collective 41 bargaining; 42 (b) Requiring state professional employers to recognize 43 professional organizations and to negotiate wages, hours and 44 other terms and conditions of employment with exclusive 45 – 10 – - *AB191* representatives and to enter into written agreements evidencing 1 the result of collective bargaining; and 2 (c) Establishing standards and procedures that protect the 3 rights of professional employees, state professional employers and 4 the people of the State. 5 3. The Legislature further finds and declares that: 6 (a) Joint decision making and consultation between 7 administration and faculty or academic professional employees is 8 a long-accepted manner of shared governance in institutions of 9 higher education and is essential to the advancement of the 10 educational missions of those institutions; 11 (b) It is a purpose of sections 6 to 51, inclusive, of this act to 12 preserve and encourage the existing practice and mechanisms of 13 shared governance with respect to professional employees of 14 public institutions of higher education in this State; and 15 (c) The provisions of sections 6 to 51, inclusive, of this act are 16 not intended to restrict, limit or prohibit the full exercise of the 17 functions of faculty in any shared governance mechanism or 18 practice, including, without limitation, the establishment and 19 function of faculty senates and the principle of peer review in the 20 appointment, retention and tenure of faculty in an institution of 21 higher education. 22 Sec. 18. 1. For the purposes of collective bargaining and 23 other mutual aid or protection, every professional employee has 24 the right to: 25 (a) Organize, form, join and assist professional organizations, 26 engage in collective bargaining through exclusive representatives 27 and engage in other concerted activities; and 28 (b) Refrain from engaging in such an activity. 29 2. A state professional employer shall not discriminate in any 30 way among its professional employees on account of membership 31 or nonmembership in a professional organization. 32 3. Professional employees have the right to communicate 33 with one another and with representatives of professional 34 organizations concerning organization, representation, issues in 35 the workplace, collective bargaining and the business and 36 programs of a professional organization, including, without 37 limitation, communicating by means of electronic mail, text 38 messages and other electronic communications, telephone, paper 39 documents and other means of communications of the workplace 40 subject to the reasonable regulations of a state professional 41 employer or such limitations as may be set forth in a collective 42 bargaining agreement. 43 – 11 – - *AB191* Sec. 19. 1. A state professional employer shall recognize a 1 professional organization that presents to the state professional 2 employer: 3 (a) A copy of the bylaws, charter or constitution of 4 the professional organization, which demonstrates that the 5 organization has as one of its purposes the improvement of the 6 terms and conditions of employment of professional employees; 7 (b) A roster of its officers, if any, and representatives; and 8 (c) An identification of the professional employees that the 9 professional organization seeks to represent. 10 2. If a state professional employer first receives the written 11 permission of the Board, the state professional employer may 12 withdraw recognition from a professional organization that fails 13 to: 14 (a) Present a copy of each change in its bylaws, charter or 15 constitution, if any; or 16 (b) Give notice of any change in the roster of its officers and 17 representatives, if any. 18 Sec. 20. 1. Except as otherwise provided in subsection 2 19 and subject to such reasonable regulations as a state professional 20 employer may prescribe or such conditions and limitations as may 21 be set forth in a collective bargaining agreement, a professional 22 organization that has been recognized shall have the right to: 23 (a) At reasonable times, access areas in which professional 24 employees work; 25 (b) Use bulletin boards, mailboxes, electronic mail and other 26 means of communication to communicate with professional 27 employees at their workplace; 28 (c) At reasonable times, use the facilities of a workplace for the 29 purpose of meetings concerned with the exercise of any rights 30 guaranteed under the provisions of sections 6 to 51, inclusive, of 31 this act; and 32 (d) Provide information to professional employees during the 33 orientation or on-boarding of new employees. 34 2. If a professional organization has been designated as the 35 exclusive representative of a bargaining unit, no professional 36 organization other than the professional organization designated 37 as the exclusive representative may exercise the rights set forth in 38 subsection 1 with respect to professional employees in the 39 bargaining unit except to the extent that such access is otherwise 40 provided to the general public. 41 Sec. 21. 1. Except as otherwise provided in subsection 4, an 42 officer of a state professional employer shall, upon written 43 authorization by a professional employee, withhold a sufficient 44 amount of money from the salary or wages of the employee 45 – 12 – - *AB191* pursuant to NRS 281.129 to pay dues or similar fees to a 1 recognized professional organization. 2 2. If applicable, a written authorization provided pursuant to 3 subsection 1 must comply with the provisions of chapter 719 of 4 NRS. 5 3. Except as otherwise provided in this subsection, a written 6 authorization provided pursuant to subsection 1 is binding for the 7 period specified in the authorization. An authorization may be 8 revoked by the professional employee by notifying the professional 9 organization in accordance with the terms of the authorization. 10 The professional organization shall process a revocation of an 11 authorization in a timely manner. 12 4. If the Board designates a professional organization as the 13 exclusive representative of a bargaining unit pursuant to sections 14 6 to 51, inclusive, of this act, an officer of a state professional 15 employer shall not, pursuant to NRS 281.129, withhold any 16 amount of money from the salary or wages of a professional 17 employee within the bargaining unit to pay dues or similar fees to 18 a professional organization other than the professional 19 organization that is the exclusive representative of the bargaining 20 unit. 21 Sec. 22. 1. Except as otherwise provided in this section, a 22 recognized professional organization may represent a professional 23 employee of a state professional employer that has recognized the 24 professional organization with respect to any condition of the 25 employment of the professional employee, including, without 26 limitation, representation in disciplinary proceedings and 27 investigations and proceedings for the adjustment of grievances, 28 regardless of whether the professional employee is a member of 29 the professional organization. 30 2. If a professional employee is in a bargaining unit that has 31 an exclusive representative, no professional organization other 32 than the professional organization designated as the exclusive 33 representative for the bargaining unit may represent the 34 professional employee. 35 3. Only the professional organization which has been 36 designated by the Board as the exclusive representative of a 37 bargaining unit pursuant to sections 6 to 51, inclusive, of this act 38 may engage in collective bargaining on behalf of the professional 39 employees of that bargaining unit. 40 Sec. 23. 1. Except as otherwise provided in this section, the 41 recognition of a professional organization or the designation of a 42 professional organization as an exclusive representative does not 43 preclude a professional employee from acting for himself or 44 herself with respect to any condition of his or her employment. 45 – 13 – - *AB191* Such a professional employee has the right to present grievances 1 to a state professional employer at any time and to have those 2 grievances adjusted. 3 2. If a professional employee, acting for himself or herself, 4 presents a grievance to a state professional employer pursuant to 5 subsection 1: 6 (a) Any action taken in the adjustment of a grievance must be 7 consistent with the terms of an applicable collective bargaining 8 agreement in effect, if any; and 9 (b) If the professional employee is in a bargaining unit that 10 has an exclusive representative, the exclusive representative must 11 be given an opportunity to be present at any meetings or hearings 12 related to the adjustment of the grievance and be provided a copy 13 of the adjustment of the grievance. 14 Sec. 24. 1. Subject to the conditions imposed by section 22 15 of this act and any other conditions and limitations as may be set 16 forth in a collective bargaining agreement, a professional 17 employee who: 18 (a) Is the subject of an internal administrative investigation 19 that could lead to dismissal, involuntary demotion, suspension, 20 reduction of pay, payment of restitution or other similar adverse 21 employment action against the professional employee; or 22 (b) During any questioning by a state professional employer, 23 reasonably believes that the questioning could lead to the 24 consequences set forth in paragraph (a), 25  must be afforded the right to have a lawyer or other 26 representative of the professional employee’s choosing present 27 with the professional employee unless the professional employee 28 waives, in writing, his or her right to be represented. 29 2. A state professional employer must not retaliate in any way 30 against a professional employee for asserting his or her rights 31 under subsection 1. 32 Sec. 25. 1. Each state professional employer which has 33 recognized one or more professional organizations shall 34 determine, in consultation with the recognized organization or 35 organizations, which group or groups of its professional 36 employees constitute an appropriate bargaining unit or bargaining 37 units. The primary criterion for that determination must be the 38 community of interest among the employees concerned. Without 39 restricting the rights of the parties to make their determination 40 pursuant to this subsection, for the Nevada System of Higher 41 Education, there is a presumption that the contact, interests and 42 working conditions of: 43 (a) Except as otherwise provided in paragraph (b), 44 professional employees within an occupational group create a 45 – 14 – - *AB191* sufficient community of interest for all employees in that 1 occupational group. 2 (b) Academic faculty members within a branch university, 3 college or other branch which has its own separate set of bylaws 4 governing the roles and responsibilities of academic faculty and 5 the practice of shared governance create a sufficient community 6 of interest among those faculty members. 7 2. Managerial employees must be excluded from any 8 bargaining unit. 9 3. Confidential employees must be excluded from any 10 bargaining unit but are entitled to participate in any plan to 11 provide benefits for a group that is administered by the bargaining 12 unit of which they would otherwise be a member. 13 4. A supervisory employee must not be a member of the same 14 bargaining unit as the professional employees under the 15 supervision of the supervisory employee. Any dispute between the 16 parties as to whether a professional employee is a supervisor must 17 be submitted to the Board. 18 5. A professional organization which is negotiating on behalf 19 of two or more bargaining units of the same state professional 20 employer may, by mutual consent, select members of each unit to 21 negotiate jointly on part or all subjects of bargaining set forth in 22 section 32 of this act on behalf of each other, even if one of the 23 units consists of supervisory employees and the other unit does 24 not. Any provision of a collective bargaining agreement which is 25 negotiated jointly pursuant to this subsection must be included in 26 the draft or modification of a collective bargaining agreement 27 which is submitted for a vote for ratification in accordance with 28 section 39 of this act but is not part of the agreement unless the 29 members of the professional organization within the relevant 30 bargaining unit ratify the provision in accordance with the 31 provisions of section 39 of this act. 32 6. If any professional organization is aggrieved by the 33 determination of a bargaining unit, it may appeal to the Board. 34 Subject to judicial review, the decision of the Board is binding 35 upon the state professional employer and any professional 36 organization involved. The Board shall apply the same criterion as 37 specified in subsection 1. 38 Sec. 26. If no professional organization is designated as the 39 exclusive representative of a bargaining unit and a recognized 40 professional organization files with the Board a showing of 41 interest for the professional organization by more than 50 percent 42 of the professional employees in a bargaining unit which is 43 verified by the Board pursuant to section 28 of this act, the Board 44 – 15 – - *AB191* shall designate the professional organization as the exclusive 1 representative of the bargaining unit without ordering an election. 2 Sec. 27. 1. If no professional organization is designated as 3 the exclusive representative of a bargaining unit, the Board shall 4 order an election to be conducted within the bargaining unit if: 5 (a) A recognized professional organization files with the Board 6 a written request for an election which includes a showing of 7 interest for the professional organization by at least 30 percent but 8 not more than 50 percent of the professional employees within the 9 bargaining unit which is verified by the Board pursuant to section 10 28 of this act; and 11 (b) No other election to choose, change or discontinue 12 exclusive representation has been conducted within the 13 bargaining unit during the immediately preceding 12 months. 14 2. If the Board has designated a professional organization as 15 the exclusive representative of a bargaining unit following an 16 election pursuant to subsection 1 or without an election pursuant 17 to section 26 of this act, the Board shall order an election: 18 (a) If: 19 (1) Another recognized professional organization files with 20 the Board a written request for an election which includes a 21 showing of interest for the professional organization by more than 22 50 percent of the professional employees within the bargaining 23 unit; or 24 (2) A group of professional employees within the 25 bargaining unit files with the Board a written request for an 26 election which includes a petition or other evidence showing that 27 more than 50 percent of the professional employees within the 28 bargaining unit have requested that an election be conducted to 29 change or discontinue exclusive representation; 30 (b) If applicable, the written request filed pursuant to 31 paragraph (a) is filed at least 225 calendar days but not more than 32 270 calendar days before the date on which the current collective 33 bargaining agreement in effect for the bargaining unit expires; 34 and 35 (c) If no other election to choose, change or discontinue 36 exclusive representation has been conducted within the 37 bargaining unit during the immediately preceding 12 months. 38 Sec. 28. 1. The Board shall verify each showing of interest 39 filed by a professional organization pursuant to section 26 or 27 of 40 this act and the identity of each professional employee identified in 41 a written request filed by a group of professional employees 42 pursuant to subparagraph (2) of paragraph (a) of subsection 2 of 43 section 27 of this act by comparing the name of a professional 44 employee included in the showing of interest or written request, as 45 – 16 – - *AB191* applicable, with the employment records of the state professional 1 employer. 2 2. A showing of interest filed by a professional organization 3 pursuant to section 26 or 27 of this act or a written request filed by 4 a group of professional employees pursuant to subparagraph (2) 5 of paragraph (a) of subsection 2 of section 27 of this act is 6 confidential and is not a public record. 7 3. The Board shall not disclose to any person the identity of 8 any professional employee who has participated in a showing of 9 interest filed by a professional organization pursuant to section 26 10 or 27 of this act or a written request filed by a group of 11 professional employees pursuant to subparagraph (2) of 12 paragraph (a) of subsection 2 of section 27 of this act. 13 Sec. 29. 1. If the Board orders an election within a 14 bargaining unit pursuant to section 27 or 30 of this act, the Board 15 shall order that each of the following be placed on the ballot for 16 the election: 17 (a) If applicable, a choice for the recognized professional 18 organization that requested the election pursuant to section 27 of 19 this act; 20 (b) If applicable, a choice for the recognized professional 21 organization that is currently designated as the exclusive 22 representative of the bargaining unit; 23 (c) A choice for any other recognized professional 24 organization that, on or before the date that is prescribed by the 25 rules adopted by the Board pursuant to NRS 288.110 and section 26 30 of this act, files with the Board a written request to be placed on 27 the ballot for the election and includes with the written request a 28 showing of interest for that other professional organization by at 29 least 30 percent of the professional employees within the 30 bargaining unit; and 31 (d) A choice for “no exclusive representation.” 32 2. If a ballot for an election contains more than two choices 33 and none of the choices on the ballot receives a majority of the 34 votes cast at the initial election, the Board shall order a runoff 35 election between the two choices on the ballot that received the 36 highest number of votes at the initial election. 37 3. If the choice for “no exclusive representation” receives a 38 majority of the votes cast at the initial election or at any runoff 39 election, the Board shall designate the bargaining unit as being 40 without an exclusive representative. 41 4. If a recognized professional organization receives a 42 majority of the votes cast at the initial election or at any runoff 43 election, the Board shall designate that professional organization 44 as the exclusive representative of the bargaining unit. 45 – 17 – - *AB191* Sec. 30. 1. The Board shall preside over all elections that 1 are conducted pursuant to this section or section 27 or 29 of this 2 act and shall determine the eligibility requirements for 3 professional employees to vote in any such election. 4 2. An election conducted pursuant to this section or section 5 27 or 29 of this act must be conducted by secret ballot. The Board 6 may adopt rules prescribing the manner in which voting in such 7 an election may be conducted, which may include, without 8 limitation, voting in person, by mail or by secure electronic means. 9 3. A professional organization that is placed as a choice on 10 the ballot for an election or any professional employee who is 11 eligible to vote at an election may file with the Board a written 12 objection to the results of the election. The objection must be filed 13 not later than 10 business days after the date on which the notice 14 of the results of the election is given by the Board. 15 4. In response to a written objection filed pursuant to 16 subsection 3 or upon its own motion, the Board may invalidate the 17 results of an election and order a new election if the Board finds 18 that any conduct or circumstances raise substantial doubt that the 19 results of the election are reliable. 20 Sec. 31. 1. Each state professional employer that has 21 recognized one or more professional organizations shall, on or 22 before November 30 of each year, file with the Board: 23 (a) A list of each professional organization recognized by the 24 state professional employer; 25 (b) A list of each professional organization designated as the 26 exclusive representative for a bargaining unit within the state 27 professional employer; and 28 (c) A description of each bargaining unit within the state 29 professional employer. 30 2. Each professional organization recognized by a state 31 professional employer shall file a report with the Board on or 32 before November 30 of each year. The report must include: 33 (a) The full name of the professional organization; 34 (b) The name of each state professional employer which has 35 recognized the professional organization; 36 (c) The names of the officers of the professional organization; 37 (d) If applicable, the total number of professional employees in 38 each bargaining unit for which the professional organization has 39 been designated as the exclusive representative; 40 (e) Copies of all changes to the bylaws, charter or constitution 41 of the professional organization that were adopted during the 42 preceding year; 43 (f) The name, address and telephone number of the person 44 designated by the professional organization to receive 45 – 18 – - *AB191* communications from the Board on business relating to the 1 professional organization; and 2 (g) A copy of any collective bargaining agreement in effect 3 between the professional organization and a state professional 4 employer. 5 3. A professional organization which has not previously been 6 recognized by a state professional employer shall file the report 7 required by subsection 2 not later than 30 calendar days after 8 recognition. 9 Sec. 32. 1. Collective bargaining entails a mutual 10 obligation between a state professional employer and an exclusive 11 representative to meet at reasonable times and to bargain in good 12 faith with respect to: 13 (a) The subjects of mandatory bargaining set forth in 14 subsection 2; 15 (b) The negotiation of an agreement; 16 (c) The resolution of any question arising under an 17 agreement; and 18 (d) The execution of a written contract incorporating the 19 provisions of an agreement. 20 2. The scope of mandatory bargaining is limited to: 21 (a) Salary or wage rates or other forms of compensation or 22 remuneration. 23 (b) Sick leave. 24 (c) Vacation leave. 25 (d) Holidays. 26 (e) Maternity or paternity leave and family medical leave. 27 (f) Other paid or nonpaid leaves of absence. 28 (g) Except as otherwise provided in subsection 3, insurance 29 and health care benefits provided by the state professional 30 employer. 31 (h) Total hours of work required of a professional employee on 32 each workday or workweek. 33 (i) Total number of days of work required of a professional 34 employee in a work year. 35 (j) Discharge and disciplinary procedures. 36 (k) Recognition clause. 37 (l) The method for determining the classification and titles of 38 professional employees in the bargaining unit. 39 (m) Deduction of dues for the recognized professional 40 organization. 41 (n) Protection of professional employees in the bargaining unit 42 from discrimination because of participation in recognized 43 professional organizations consistent with the provisions of 44 sections 6 to 51, inclusive, of this act. 45 – 19 – - *AB191* (o) Grievance and arbitration procedures for resolution of 1 disputes relating to interpretation or application of collective 2 bargaining agreements. 3 (p) General savings clauses. 4 (q) Except as otherwise provided in section 37 of this act, the 5 duration of collective bargaining agreements. 6 (r) Safety of professional employees. 7 (s) Facilities for meeting with students for professional 8 employees who have teaching or advising responsibilities. 9 (t) Policies for the transfer and reassignment of professional 10 employees. 11 (u) Policies which prohibit: 12 (1) Discrimination on the actual or perceived race, color, 13 religion, national origin, ancestry, age, gender physical or mental 14 disability, sexual orientation, gender identity or expression or 15 human immunodeficiency virus status of professional employees. 16 (2) Reprisal or retaliation by a state professional employer 17 against a state professional employee. 18 (v) Procedures for reduction in or addition to the workforce 19 consistent with the provisions of sections 6 to 51, inclusive, of this 20 act. 21 3. The following are not subject to negotiation pursuant to 22 this section: 23 (a) Pension or retirement benefits provided by the Public 24 Employees’ Retirement System pursuant to chapter 286 of NRS to 25 persons employed by this State, state agencies, as described in 26 subsection 2 of NRS 286.070, and the Public Employees’ 27 Retirement System. 28 (b) Benefits provided by the Public Employees’ Benefits 29 Program pursuant to NRS 287.0402 to 287.049, inclusive, to 30 persons employed by a participating state agency as defined in 31 NRS 287.04054. 32 (c) Provisions governing participation in the Public 33 Employees’ Deferred Compensation Program pursuant to NRS 34 287.250 to 287.370, inclusive. 35 4. The following are not subjects within the scope of 36 mandatory bargaining and are reserved to the state professional 37 employer without negotiation: 38 (a) Except as otherwise provided in paragraph (t) of subsection 39 2, the right to hire, direct, assign or transfer an employee. This 40 right does not include the right to assign or transfer an employee 41 as a form of discipline. 42 (b) The right to determine the quality and quantity of services 43 to be offered to the public. 44 (c) Safety of the public. 45 – 20 – - *AB191* 5. Notwithstanding the provisions of any collective 1 bargaining agreement negotiated pursuant to the provisions of 2 sections 6 to 51, inclusive, of this act, a state professional employer 3 is entitled to take whatever actions may be necessary to carry out 4 its responsibilities during a state of emergency or declaration of 5 disaster proclaimed pursuant to NRS 414.070. Those actions may 6 include the suspension of any such collective bargaining 7 agreement or any portion thereof for the duration of the 8 emergency or disaster to the extent necessary to carry out the 9 responsibilities of the state professional employer. Any action 10 taken under the provisions of this subsection must not be 11 construed as a failure to negotiate in good faith. 12 6. This section does not preclude, but the provisions of 13 sections 6 to 51, inclusive, of this act, do not require, a state 14 professional employer to negotiate subject matters outside of the 15 scope of mandatory bargaining or consult with any professional 16 employee or professional organization on any such matter. A state 17 professional employer shall discuss subject matters outside the 18 scope of mandatory bargaining but is not required to negotiate 19 those matters. 20 Sec. 33. 1. Whenever an exclusive representative or a state 21 professional employer desires to negotiate any matter which is 22 subject to negotiation pursuant to the provisions of sections 6 to 23 51, inclusive, of this act, it shall give written notice to the other 24 party. 25 2. The parties shall commence negotiations not later than 60 26 calendar days following the notification provided for in 27 subsection 1. 28 Sec. 34. 1. An exclusive representative shall: 29 (a) Act as the representative of all professional employees 30 within each bargaining unit that it represents; and 31 (b) In good faith and on behalf of each bargaining unit that it 32 represents, individually or collectively, bargain with a state 33 professional employer concerning the wages, hours and other 34 terms and conditions of employment for the professional 35 employees within each bargaining unit that it represents. 36 2. A professional organization may serve as an exclusive 37 representative for multiple bargaining units. 38 Sec. 35. 1. A state professional employer shall designate a 39 representative to conduct negotiations concerning collective 40 bargaining agreements on behalf of the state professional 41 employer. For the Nevada System of Higher Education, where a 42 bargaining unit has been determined pursuant to section 25 of this 43 act and that bargaining unit is unique to an institution within the 44 System, a representative of that institution may be, but is not 45 – 21 – - *AB191* required to be, designated as the representative to conduct 1 negotiations concerning collective bargaining agreements on 2 behalf of the Nevada System of Higher Education for that 3 institution. 4 2. A representative designated pursuant to subsection 1 shall, 5 on behalf of the state professional employer, negotiate in good 6 faith with an exclusive representative concerning a collective 7 bargaining agreement, as required by section 32 of this act. 8 3. A state professional employer shall comply with reasonable 9 requests by an exclusive representative to furnish data that is 10 maintained in the ordinary course of business and which is 11 relevant and necessary to the discussion of the subjects of 12 mandatory bargaining described in section 32 of this act. This 13 subsection shall not be construed to require a state professional 14 employer to furnish to the exclusive representative any advice or 15 training received by representatives of the state professional 16 employer concerning collective bargaining. 17 Sec. 36. 1. Each collective bargaining agreement 18 negotiated between a state professional employer and an exclusive 19 representative pursuant to sections 6 to 51, inclusive, of this act 20 must be in writing and must include, without limitation: 21 (a) A procedure to resolve grievances that applies to all 22 professional employees in the bargaining unit and culminates in 23 binding arbitration as the final stage of appeal by either party. 24 Such a procedure: 25 (1) Must be used to resolve all grievances relating to 26 employment, including, without limitation, the administration and 27 interpretation of the collective bargaining agreements, the 28 applicability of any law, rule or regulation relating to the 29 employment and appeal of discipline and other adverse personnel 30 actions; and 31 (2) May, for professional employees of academic 32 institutions, incorporate established shared governance 33 mechanisms, including, without limitation, oversight by a faculty 34 senate and peer review. 35 (b) A nonappropriation clause that provides that any provision 36 of the collective bargaining agreement which requires the 37 Legislature to appropriate money is effective only: 38 (1) To the extent of the legislative appropriation; and 39 (2) Until the collective bargaining agreement is reopened 40 and the provision is renegotiated. 41 2. A professional employee in a bargaining unit who is 42 aggrieved by the failure of the state professional employer or its 43 designated representative to comply with the requirements of NRS 44 281.755 may pursue a grievance related to that failure through: 45 – 22 – - *AB191* (a) The procedure provided in the agreement pursuant to 1 paragraph (a) of subsection 1; or 2 (b) The procedure prescribed by NRS 288.115, 3  but once the professional employee has properly filed a 4 grievance in writing under the procedure described in paragraph 5 (a) or filed a complaint under the procedure described in 6 paragraph (b), the professional employee may not proceed in an 7 alternative manner. 8 3. If there is a conflict between any provision of a collective 9 bargaining agreement between a state professional employer and 10 an exclusive representative and: 11 (a) Any policy, procedure or regulation adopted by the state 12 professional employer, the provision of the agreement prevails 13 unless the provision of the agreement is outside the lawful scope 14 of collective bargaining. 15 (b) An existing statute, the provision of the agreement may not 16 be given effect unless the Legislature amends the existing statute 17 in such a way as to eliminate the conflict. 18 Sec. 37. If the parties to collective bargaining cannot agree 19 to a new collective bargaining agreement before the end of the 20 term of a collective bargaining agreement, the terms of the 21 existing collective bargaining agreement remain in effect until a 22 new collective bargaining agreement takes effect. 23 Sec. 38. Whenever a professional organization enters into 24 negotiations with a state professional employer pursuant to 25 sections 6 to 51, inclusive, of this act, the professional 26 organization may, at the sole expense of the professional 27 organization, be represented by an attorney licensed to practice 28 law in this State. 29 Sec. 39. 1. The draft of any new collective bargaining 30 agreement or similar agreement or of any proposed modifications 31 to an existing collective bargaining agreement or similar 32 agreement between a state professional employer and an exclusive 33 representative must be submitted in writing by the professional 34 organization to the members of the organization within the 35 relevant bargaining unit before a vote on the ratification of the 36 agreement is taken. 37 2. A vote on the ratification of a collective bargaining 38 agreement must be conducted in accordance with the internal 39 rules and procedures of the professional organization. 40 3. Any new or modified collective bargaining agreement or 41 similar agreement between a state professional employer and an 42 exclusive representative must be approved, at a public hearing, by: 43 – 23 – - *AB191* (a) If the agreement concerns professional employees of the 1 Nevada System of Higher Education, the Board of Regents of the 2 University of Nevada; or 3 (b) If the agreement does not concern professional employees 4 of the Nevada System of Higher Education, the State Board of 5 Examiners. 6 4. Not less than 3 business days before the date of the hearing 7 conducted pursuant to subsection 3, the Board of Regents of the 8 University of Nevada or the State Board of Examiners, as 9 applicable, shall cause the following documents to be posted and 10 made available on the Internet website used by the Board of 11 Regents or the State Board of Examiners, as applicable, to provide 12 public notice of meetings: 13 (a) The proposed collective bargaining agreement and any 14 exhibits or other attachments to the proposed agreement; 15 (b) If the proposed collective bargaining agreement is a 16 modification of a previous agreement, a document showing any 17 language added to or deleted from the previous agreement; and 18 (c) Any supporting material prepared for the Board of Regents 19 or the State Board of Examiners, as applicable, relating to the 20 financial impact of the agreement. 21 Sec. 40. If a provision of a collective bargaining agreement: 22 1. Does not require an act of the Legislature to be given 23 effect, the provision becomes effective in accordance with the 24 terms of the agreement. 25 2. Requires an act of the Legislature to be given effect: 26 (a) The state professional employer shall request that the 27 Governor request the drafting of a legislative measure pursuant to 28 NRS 218D.175 to effectuate the provision; 29 (b) The Governor shall request the drafting of a legislative 30 measure pursuant to NRS 218D.175 to effectuate the provision; 31 and 32 (c) The provisions become effective, if at all, on the date on 33 which the act of the Legislature becomes effective. 34 Sec. 41. 1. If a provision of a collective bargaining 35 agreement requires the Legislature to appropriate money to 36 implement the provision: 37 (a) The state professional employer that is a party to the 38 agreement shall include the full amount necessary to fund the 39 provision in the proposed budget of the state professional 40 employer submitted to the Chief of the Budget Division of the 41 Office of Finance pursuant to NRS 353.210. 42 (b) The Governor may include in the biennial proposed 43 executive budget of the State any amount of money the Governor 44 deems appropriate for the state professional employer. If such 45 – 24 – - *AB191* amount is not sufficient to fully fund the provision of the collective 1 bargaining agreement, the Governor shall submit to the 2 Legislature and the state professional employer a statement setting 3 forth the reasons for not including the amount necessary to fully 4 fund the provision. 5 2. If the Legislature does not appropriate the amount of 6 money that is necessary to implement fully a provision of a 7 collective bargaining agreement, any such agreement may be 8 opened by either party to that agreement solely for the purpose of 9 renegotiating the provision that was not fully funded by the 10 appropriation. All other terms and conditions of the collective 11 bargaining agreement remain in full force and effect. 12 Sec. 42. 1. Either party may request mediation through the 13 Federal Mediation and Conciliation Service if the parties do not 14 reach a collective bargaining agreement: 15 (a) Not later than 120 calendar days after the date on which 16 the parties began negotiations; or 17 (b) On or before any later date set by the agreement of the 18 parties in writing. 19 2. The mediator shall bring the parties together as soon as 20 possible after his or her appointment and shall attempt to settle 21 each issue in dispute not later than 21 calendar days after his or 22 her appointment or any later date set by the agreement of the 23 parties. 24 Sec. 43. 1. If a mediator appointed pursuant to section 42 25 of this act determines that his or her services are no longer 26 helpful, or if the parties do not reach a collective bargaining 27 agreement through mediation within 21 calendar days after the 28 appointment of the mediator or on or before any later date set by 29 agreement of the parties, the mediator shall discontinue mediation 30 and the parties shall attempt to agree upon an impartial arbitrator. 31 2. If the parties do not agree upon an impartial arbitrator 32 within 5 business days after the date on which mediation is 33 discontinued pursuant to subsection 1 or on or before any later 34 date set by agreement of the parties, the parties shall request from 35 the American Arbitration Association, unless both parties agree to 36 request such information from the Federal Mediation and 37 Conciliation Service, a list of seven potential arbitrators. Not later 38 than 5 business days after receipt of the list of arbitrators, the 39 parties shall select an arbitrator from the list by alternately 40 striking one name until the name of only one arbitrator remains, 41 and the parties must accept that arbitrator to hear the dispute in 42 question. The professional organization shall strike the first name. 43 – 25 – - *AB191* 3. The arbitrator shall begin arbitration proceedings not later 1 than 15 calendar days after the appointment or any later date set 2 by agreement of the parties. 3 4. The arbitrator and the parties shall apply and follow the 4 procedures for arbitration that are prescribed by any rules adopted 5 by the Board pursuant to NRS 288.110. During arbitration, the 6 parties retain their respective duties to negotiate in good faith. 7 5. The arbitrator may administer oaths or affirmations, take 8 testimony and issue and seek enforcement of a subpoena in the 9 same manner as the Board pursuant to NRS 288.120, and, except 10 as otherwise provided in subsection 7, the provisions of NRS 11 288.120 apply to any subpoena issued by the arbitrator. 12 6. The arbitrator shall render a decision not later than 15 13 calendar days after beginning arbitration proceedings or any later 14 date set by agreement of the parties. 15 7. The state professional employer and the exclusive 16 representative shall each pay one-half of the cost of arbitration. 17 Sec. 44. 1. For issues in dispute after arbitration 18 proceedings are held pursuant to section 43 of this act, the 19 arbitrator shall incorporate either the final offer of the state 20 professional employer or the final offer of the exclusive 21 representative into his or her decision. The decision of the 22 arbitrator must be limited to a selection of one of the two final 23 offers of the parties. As incorporated in his or her decision, the 24 arbitrator shall not revise or amend the selected final offer of the 25 applicable party on any issue. 26 2. To determine which final offer to incorporate into his or 27 her decision, the arbitrator shall assess the reasonableness of: 28 (a) The position of each party as to each issue in dispute; and 29 (b) The proposed contractual terms and provisions contained 30 in each final offer. 31 3. In assessing reasonableness pursuant to subsection 2, the 32 arbitrator shall: 33 (a) Compare the salaries, wages, hours and other terms and 34 conditions of employment for the professional employees within 35 the bargaining unit with the salaries, wages, hours and other 36 terms and conditions of employment for other employees 37 performing similar services and for other employees generally: 38 (1) In public employment in comparable communities or 39 institutions; and 40 (2) In private employment in comparable communities or 41 institutions. 42 (b) Consider, without limitation: 43 (1) The financial ability of the state professional employer 44 to pay the costs associated with the proposed collective bargaining 45 – 26 – - *AB191* agreement, with due regard for the primary obligation of the state 1 professional employer to safeguard the health, safety and welfare 2 of the people of this State and to fulfill the mission of the state 3 professional employer; 4 (2) Any legal or contractual restrictions on funds based on 5 the sources of those funds, including, without limitation, 6 legislative appropriations, fees, gifts and federal, state, local and 7 private grants and contracts; 8 (3) The average prices paid by consumers for goods, 9 services and housing in the geographic location where the 10 professional employees work; and 11 (4) Such other factors as are normally or traditionally used 12 as part of collective bargaining, mediation, arbitration or other 13 methods of dispute resolution to determine the wages, hours and 14 other terms and conditions of employment for professional 15 employees in public or private employment. 16 4. The decision of the arbitrator is final and binding upon the 17 parties. 18 Sec. 45. The following proceedings, required by or conducted 19 pursuant to this chapter, are not subject to any provision of NRS 20 which requires a meeting to be open or public: 21 1. Any negotiation or informal discussion between a state 22 professional employer and a professional organization or 23 professional employees as individuals. 24 2. Any meeting of a mediator with either party or both parties 25 to a negotiation. 26 3. Any meeting or investigation conducted by a mediator or 27 arbitrator. 28 4. Any meeting of a state professional employer with its 29 management representative or representatives. 30 5. Deliberations of the Board toward a decision on a 31 complaint, appeal or petition for declaratory relief. 32 Sec. 46. 1. It is a prohibited practice for a state professional 33 employer or its designated representative to willfully: 34 (a) Interfere with, restrain or coerce any professional 35 employee in the exercise of any right guaranteed under the 36 provisions of sections 6 to 51, inclusive, of this act. 37 (b) Dominate, interfere or assist in the formation or 38 administration of any professional organization. 39 (c) Discriminate in regard to hiring, tenure or any term or 40 condition of employment to encourage or discourage membership 41 in any professional organization. 42 (d) Discharge or otherwise discriminate against any 43 professional employee because the professional employee has: 44 – 27 – - *AB191* (1) Signed or filed an affidavit, petition or complaint or 1 given any information or testimony under this chapter; or 2 (2) Formed, joined or chosen to be represented by any 3 professional organization. 4 (e) Refuse to bargain collectively in good faith with an 5 exclusive representative as required by sections 32, 34 and 35 of 6 this act. 7 (f) Deny to any professional organization the rights 8 guaranteed to it under sections 6 to 51, inclusive, of this act. 9 (g) Discriminate because of race, color, religion, sex, sexual 10 orientation, gender identity or expression, age, disability, national 11 origin or because of political or personal reasons or affiliations. 12 (h) Fail to provide the data required by subsection 3 of section 13 35 of this act. 14 (i) Fail to comply with the requirements of NRS 281.755. 15 2. It is a prohibited practice for a professional organization 16 or its designated agent to willfully: 17 (a) Interfere with, restrain or coerce any professional 18 employee in the exercise of any right guaranteed under the 19 provisions of sections 6 to 51, inclusive, of this act. 20 (b) If the professional organization is an exclusive 21 representative, refuse to bargain collectively in good faith with a 22 state professional employer, as required by sections 32, 34 and 35 23 of this act. 24 (c) Discriminate because of race, color, religion, sex, sexual 25 orientation, gender identity or expression, age, disability, national 26 origin or because of political or personal reasons or affiliations. 27 3. As used in this section: 28 (a) “Bargain collectively” includes the entire bargaining 29 process, including mediation and arbitration, as provided in 30 sections 6 to 51, inclusive, of this act. 31 (b) “Protective hairstyle” includes, without limitation, 32 hairstyles such as natural hairstyles, afros, bantu knots, curls, 33 braids, locks and twists. 34 (c) “Race” includes traits associated with race, including, 35 without limitation, hair texture and protective hairstyles. 36 Sec. 47. 1. To establish that a party committed a prohibited 37 practice in violation of section 46 of this act, the party aggrieved 38 by the practice must file a complaint with the Board in accordance 39 with procedures prescribed by the Board. 40 2. Except as otherwise provided in this section, the Board 41 shall hear a complaint filed pursuant to subsection 1 in 42 accordance with the provisions of NRS 288.110 and any rules 43 adopted by the Board pursuant to that section. 44 – 28 – - *AB191* 3. The Board shall conduct any hearing on the complaint in 1 accordance with: 2 (a) The provisions of chapter 233B of NRS that apply to a 3 contested case; and 4 (b) Any rules adopted by the Board pursuant to NRS 288.110. 5 4. If the Board finds at the hearing that the party accused in 6 the complaint has committed a prohibited practice, the Board: 7 (a) Shall order the party to cease and desist from engaging in 8 the prohibited practice; and 9 (b) May order any other affirmative relief that is necessary to 10 remedy the prohibited practice. 11 5. The Board or any party aggrieved by the failure of any 12 person to obey an order of the Board issued pursuant to 13 subsection 4 may apply to a court of competent jurisdiction for a 14 prohibitory or mandatory injunction to enforce the order. 15 6. Any order or decision issued by the Board pursuant to this 16 section concerning the merits of a complaint is a final decision in 17 a contested case and may be appealed pursuant to the provisions 18 of chapter 233B of NRS that apply to a contested case, except that 19 a party aggrieved by the order or decision of the Board must file a 20 petition for judicial review not later than 10 business days after 21 being served with the order or decision of the Board. 22 Sec. 48. 1. Except as otherwise provided by specific statute, 23 a professional organization and a state professional employer may 24 sue or be sued as an entity pursuant to sections 6 to 51, inclusive, 25 of this act. 26 2. If any action or proceeding is brought by or against a 27 professional organization pursuant to sections 6 to 51, inclusive, 28 of this act, the district court in and for the county in which the 29 professional organization maintains its principal office or the 30 county in which the claim arose has jurisdiction over the claim. 31 3. A natural person and his or her assets are not subject to 32 liability for any judgment awarded pursuant to sections 6 to 51, 33 inclusive, of this act, against a state professional employer or a 34 professional organization. 35 Sec. 49. 1. On or before July 1 of each year, the Board 36 shall charge and collect a fee from each state professional 37 employer that has recognized one or more professional 38 organizations in an amount not to exceed $10 for each 39 professional employee who was, in the first pay period of the 40 immediately preceding fiscal year: 41 (a) Employed by the state professional employer; and 42 (b) In a bargaining unit that had an exclusive representative. 43 2. A state professional employer shall pay the fee imposed 44 pursuant to subsection 1 on or before July 31 of each year. A state 45 – 29 – - *AB191* professional employer shall not impose the fee against its 1 employees. 2 3. If a state professional employer fails to pay the fee assessed 3 pursuant to subsection 1 on or before July 31 of that year, the 4 Board shall impose a civil penalty not to exceed $10 for each 5 professional employee employed by the state professional employer 6 for whom the fee was not paid. 7 4. A state professional employer may not receive a reduction 8 in the amount of the fee imposed pursuant to subsection 1 or a 9 refund of that amount if a professional employee is not employed 10 for a full calendar year. The fee must be imposed whether or not 11 the professional employee is a member of a professional 12 organization. 13 5. To carry out the provisions of this section, the Board may, 14 by any reasonable means, verify the identities and number of 15 professional employees employed by a state professional employer 16 in bargaining units that have an exclusive representative. 17 Sec. 50. 1. Except as otherwise provided in subsection 5, a 18 state professional employer may use the services of the Division of 19 Human Resource Management of the Department of 20 Administration to provide support to the state professional 21 employer to carry out the provisions of sections 6 to 51, inclusive, 22 of this act. 23 2. If a state professional employer uses the services of the 24 Division of Human Resource Management pursuant to subsection 25 1, the Division may charge an annual fee to the state professional 26 employer for each professional employee who is within a 27 bargaining unit with a designated exclusive representative. The 28 state professional employer shall pay the annual fee to the 29 Division on or before the date on which the payment is due, as 30 specified by the Division. The Division may specify a different due 31 date for the annual fee for each state professional employer. 32 3. Any money received from the fees collected pursuant to 33 subsection 2 must be accounted for separately for each state 34 professional employer and may only be used by the Division of 35 Human Resource Management to provide support to the state 36 professional employer to carry out the provisions of sections 6 to 37 51, inclusive, of this act, including, without limitation, the 38 personnel and operating costs of the Division in providing such 39 support. 40 4. To carry out the provisions of this section, the Division of 41 Human Resource Management may verify by any reasonable 42 means the number of professional employees of the state 43 professional employer within bargaining units that are 44 – 30 – - *AB191* represented by a professional organization as the exclusive 1 representative. 2 5. As the entity with the authority to fix salaries and establish 3 policies and procedures of the unclassified personnel of the 4 Nevada System of Higher Education pursuant to chapter 396 of 5 NRS, the Board of Regents of the University of Nevada shall carry 6 out the provisions of sections 6 to 51, inclusive, of this act, 7 including, without limitation: 8 (a) Conducting its own negotiations; and 9 (b) Providing for its own representation in any disciplinary 10 matter, investigation or grievance process, 11  pursuant to the provisions of sections 6 to 51, inclusive, of this 12 act. 13 Sec. 51. 1. A state professional employer may use the 14 services of the Attorney General to provide support to the state 15 professional employer to carry out the provisions of sections 6 to 16 51, inclusive, of this act. 17 2. If a state professional employer uses the services of the 18 Attorney General pursuant to subsection 1, the Attorney General 19 may charge the state professional employer for those services 20 pursuant to NRS 228.113. 21 Sec. 52. NRS 288.015 is hereby amended to read as follows: 22 288.015 As used in this chapter, unless the context otherwise 23 requires, the words and terms defined in NRS 288.029 to 288.074, 24 inclusive, and sections 4 and 5 of this act have the meanings 25 ascribed to them in those sections. 26 Sec. 53. NRS 288.032 is hereby amended to read as follows: 27 288.032 “Collective bargaining” means a method of 28 determining conditions of employment by negotiation between 29 representatives of the Executive Department , state professional 30 employer or local government employer and an employee 31 organization , professional organization or labor organization, 32 entailing a mutual obligation of the Executive Department , state 33 professional employer or local government employer, as applicable, 34 and the representative of the state or local government employees to 35 meet at reasonable times and bargain in good faith with respect to: 36 1. Wages, hours and other terms and conditions of 37 employment; 38 2. The negotiation of an agreement; 39 3. The resolution of any question arising under a negotiated 40 agreement; or 41 4. The execution of a written contract incorporating any 42 agreement reached if requested by either party, 43  but this obligation does not compel either party to agree to a 44 proposal or require the making of a concession. 45 – 31 – - *AB191* Sec. 54. NRS 288.065 is hereby amended to read as follows: 1 288.065 “Mediation” means assistance by an impartial third 2 party to reconcile differences between the Executive Department , a 3 state professional employer or a local government employer and an 4 exclusive representative through interpretation, suggestion and 5 advice. 6 Sec. 55. NRS 288.074 is hereby amended to read as follows: 7 288.074 “Strike” means any concerted: 8 1. Stoppage of work, slowdown or interruption of operations 9 by employees of the State of Nevada or local government 10 employees; 11 2. Absence from work by employees of the State of Nevada or 12 local government employees upon any pretext or excuse, such as 13 illness, which is not founded in fact; or 14 3. Interruption of the operations of the State of Nevada or any 15 local government employer by any employee organization , 16 professional organization or labor organization. 17 Sec. 56. NRS 288.080 is hereby amended to read as follows: 18 288.080 1. The Government Employee-Management 19 Relations Board is hereby created, consisting of five members, 20 broadly representative of the public and not closely allied with any 21 employee organization, any professional organization, any labor 22 organization, the Executive Department , any state professional 23 employer or any local government employer. 24 2. Not more than three of the members of the Board may be 25 members of the same political party, and at least three of the 26 members must reside in southern Nevada. The term of office of each 27 member is 4 years. 28 3. The Governor shall appoint the members of the Board. 29 Sec. 57. NRS 288.090 is hereby amended to read as follows: 30 288.090 1. The members of the Board shall annually elect 31 one of their number as Chair and one as Vice Chair. Except as 32 otherwise provided in this section, any three members of the Board 33 constitute a quorum, and a majority of a quorum present at any 34 meeting may exercise all the power and authority conferred on the 35 Board. 36 2. Except by a majority vote of the entire membership of the 37 Board, the Board may not: 38 (a) Elect a Chair or Vice Chair; 39 (b) Appoint the Commissioner or Secretary of the Board, or 40 terminate the employment of the Commissioner or Secretary; 41 (c) Adjust the fee charged to local government employers 42 pursuant to NRS 288.139 or state professional employer pursuant 43 to section 49 of this act, or impose a civil penalty for failure to pay 44 the [fee;] fees; 45 – 32 – - *AB191* (d) Make or adopt any rule or regulation; [or] 1 (e) Grant permission to a state professional employer to 2 withdraw recognition from a professional organization pursuant 3 to section 19 of this act; or 4 (f) Grant permission to a local government employer to 5 withdraw recognition from an employee organization or order an 6 election pursuant to NRS 288.160. 7 3. Whenever less than five members of the Board are present at 8 any meeting, not more than two of the members present may be 9 members of the same political party. 10 4. The Board may, within the limits of legislative 11 appropriations and any other available money: 12 (a) Appoint a Commissioner and a Secretary, who are in the 13 unclassified service of the State; and 14 (b) Employ such additional clerical personnel as may be 15 necessary, who are in the classified service of the State. 16 Sec. 58. NRS 288.110 is hereby amended to read as follows: 17 288.110 1. The Board may make rules governing: 18 (a) Proceedings before it; 19 (b) Procedures for fact-finding [;] , mediation and arbitration; 20 (c) The recognition, as defined in section 14 of this act, of 21 professional organizations; 22 (d) The recognition, as defined in NRS 288.136, of employee 23 organizations; 24 [(d)] (e) The designation of the exclusive representative, as 25 defined in section 10 of this act, of a bargaining unit of 26 professional employees in accordance with sections 26 to 30, 27 inclusive, of this act; 28 (f) The designation of the exclusive representative , as defined 29 in NRS 288.430, of a bargaining unit in accordance with the 30 provisions of NRS 288.520, 288.525 and 288.530; and 31 [(e)] (g) The determination of bargaining units. 32 2. The Board may hear and determine any complaint arising 33 out of the interpretation of, or performance under, the provisions of 34 this chapter by the Executive Department, any state professional 35 employer, any local government employer, any employee, as 36 defined in NRS 288.425, any professional employee, as defined in 37 section 13 of this act, any local government employee, any 38 employee organization , any professional organization or any labor 39 organization. Except as otherwise provided in this subsection and 40 NRS 288.115, 288.280 and 288.625 [,] and section 47 of this act, 41 the Board shall conduct a hearing within 180 days after it decides to 42 hear a complaint. If a complaint alleges a violation of paragraph (a) 43 of subsection 1 of NRS 288.620 , [or] paragraph (b) of subsection 2 44 of NRS 288.620, subsection 1 of section 46 of this act or 45 – 33 – - *AB191* paragraph (b) of subsection 2 of section 46 of this act, the Board 1 shall conduct a hearing not later than 45 days after it decides to hear 2 the complaint, unless the parties agree to waive this requirement. 3 The Board, after a hearing, if it finds that the complaint is well 4 taken, may order any person or entity to refrain from the action 5 complained of or to restore to the party aggrieved any benefit of 6 which the party has been deprived by that action. Except when an 7 expedited hearing is conducted pursuant to NRS 288.115, the Board 8 shall issue its decision within 120 days after the hearing on the 9 complaint is completed. 10 3. Any party aggrieved by the failure of any person to obey an 11 order of the Board issued pursuant to subsection 2, or the Board at 12 the request of such a party, may apply to a court of competent 13 jurisdiction for a prohibitory or mandatory injunction to enforce the 14 order. 15 4. The Board may not consider any complaint or appeal filed 16 more than 6 months after the occurrence which is the subject of the 17 complaint or appeal. 18 5. The Board may decide without a hearing a contested matter: 19 (a) In which all of the legal issues have been previously decided 20 by the Board, if it adopts its previous decision or decisions as 21 precedent; or 22 (b) Upon agreement of all the parties. 23 6. The Board may award reasonable costs, which may include 24 attorneys’ fees, to the prevailing party. 25 7. As used in this section [, “bargaining unit”] : 26 (a) “Arbitration” has the meaning ascribed to it in NRS 27 288.410 or section 7 of this act, as applicable. 28 (b) “Bargaining unit” has the meaning ascribed to it in NRS 29 288.134 or 288.415 [.] or section 8 of this act, as applicable. 30 Sec. 59. NRS 288.710 is hereby amended to read as follows: 31 288.710 1. If a strike is commenced or continued in violation 32 of an order issued pursuant to NRS 288.705, the court may: 33 (a) Punish each employee organization , professional 34 organization or labor organization guilty of such violation by a fine 35 of not more than $50,000 against each employee organization , 36 professional organization or labor organization for each day of 37 continued violation. 38 (b) Punish any officer of an employee organization , 39 professional organization or labor organization who is wholly or 40 partly responsible for such violation by a fine of not more than 41 $1,000 for each day of continued violation, or by imprisonment as 42 provided in NRS 22.110. 43 – 34 – - *AB191* (c) Punish any employee of the State or of a local government 1 employer who participates in such strike by ordering the dismissal 2 or suspension of such employee. 3 2. Any of the penalties enumerated in subsection 1 may be 4 applied alternatively or cumulatively, in the discretion of the court. 5 Sec. 60. NRS 218D.175 is hereby amended to read as follows: 6 218D.175 1. Except as otherwise provided in subsection 2, 7 for a regular session, the Governor or the Governor’s designated 8 representative may request the drafting of not more than 110 9 legislative measures which have been approved by the Governor or 10 the Governor’s designated representative on behalf of the officers, 11 agencies, boards, commissions, departments and other units of the 12 Executive Department. The requests must be submitted to the 13 Legislative Counsel on or before August 1 preceding the regular 14 session. 15 2. The Governor or the Governor’s designated representative 16 may request at any time before or during a regular session, without 17 limitation, the drafting of as many legislative measures as are 18 necessary to carry out the provisions of NRS 288.400 to 288.630, 19 inclusive [.] , or sections 6 to 51, inclusive, of this act. 20 3. The Director of the Office of Finance may request on or 21 before the 19th day of a regular session, without limitation, the 22 drafting of as many legislative measures as are necessary to 23 implement the budget proposed by the Governor and to provide for 24 the fiscal management of the State. In addition to the requests 25 otherwise authorized pursuant to this section, the Governor may 26 request the drafting of not more than 5 legislative measures on or 27 before the 19th day of a regular session to propose the Governor’s 28 legislative agenda. 29 4. For a regular session, the following constitutional officers 30 may request, without the approval of the Governor or the 31 Governor’s designated representative, the drafting of not more than 32 the following numbers of legislative measures, which must be 33 submitted to the Legislative Counsel on or before September 1 34 preceding the regular session: 35 36 Lieutenant Governor ............................................................... 3 37 Secretary of State .................................................................... 6 38 State Treasurer ........................................................................ 5 39 State Controller ....................................................................... 5 40 Attorney General .................................................................. 20 41 42 5. In addition to the requests authorized by subsection 4, the 43 Secretary of State may request, without the approval of the 44 Governor or the Governor’s designated representative, the drafting 45 – 35 – - *AB191* of not more than 2 legislative measures, which must be submitted to 1 the Legislative Counsel on or before December 31 preceding the 2 regular session. 3 6. Each request made pursuant to this section must be on a 4 form prescribed by the Legislative Counsel. The legislative 5 measures requested pursuant to subsections 1 and 4 must be prefiled 6 on or before the third Wednesday in November preceding the 7 regular session. A legislative measure that is not prefiled on or 8 before that day shall be deemed withdrawn. 9 Sec. 61. NRS 239.010 is hereby amended to read as follows: 10 239.010 1. Except as otherwise provided in this section and 11 NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 12 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 13 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 14 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 15 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 16 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 17 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 18 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 19 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 20 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 21 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 22 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 23 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 24 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 25 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 26 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 27 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 28 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 29 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 30 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 31 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 32 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 33 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 34 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 35 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 36 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 37 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 38 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 39 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 40 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 41 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 42 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 43 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 44 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 45 – 36 – - *AB191* 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 1 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 2 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 3 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 4 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 5 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 6 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 7 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 8 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 9 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 10 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 11 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 12 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 13 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 14 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 15 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 16 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 17 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 18 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 19 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 20 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 21 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 22 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 23 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 24 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 25 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 26 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 27 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 28 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 29 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 30 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 31 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 32 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 33 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 34 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 35 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 36 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 37 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 38 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 39 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 40 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 41 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 42 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 43 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 44 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 45 – 37 – - *AB191* 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 1 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 2 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 3 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 4 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 5 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 6 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 7 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 8 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 9 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 10 711.600, and sections 28 and 45 of this act, sections 35, 38 and 41 11 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 12 391, Statutes of Nevada 2013 and unless otherwise declared by law 13 to be confidential, all public books and public records of a 14 governmental entity must be open at all times during office hours to 15 inspection by any person, and may be fully copied or an abstract or 16 memorandum may be prepared from those public books and public 17 records. Any such copies, abstracts or memoranda may be used to 18 supply the general public with copies, abstracts or memoranda of the 19 records or may be used in any other way to the advantage of the 20 governmental entity or of the general public. This section does not 21 supersede or in any manner affect the federal laws governing 22 copyrights or enlarge, diminish or affect in any other manner the 23 rights of a person in any written book or record which is 24 copyrighted pursuant to federal law. 25 2. A governmental entity may not reject a book or record 26 which is copyrighted solely because it is copyrighted. 27 3. A governmental entity that has legal custody or control of a 28 public book or record shall not deny a request made pursuant to 29 subsection 1 to inspect or copy or receive a copy of a public book or 30 record on the basis that the requested public book or record contains 31 information that is confidential if the governmental entity can 32 redact, delete, conceal or separate, including, without limitation, 33 electronically, the confidential information from the information 34 included in the public book or record that is not otherwise 35 confidential. 36 4. If requested, a governmental entity shall provide a copy of a 37 public record in an electronic format by means of an electronic 38 medium. Nothing in this subsection requires a governmental entity 39 to provide a copy of a public record in an electronic format or by 40 means of an electronic medium if: 41 (a) The public record: 42 (1) Was not created or prepared in an electronic format; and 43 (2) Is not available in an electronic format; or 44 – 38 – - *AB191* (b) Providing the public record in an electronic format or by 1 means of an electronic medium would: 2 (1) Give access to proprietary software; or 3 (2) Require the production of information that is confidential 4 and that cannot be redacted, deleted, concealed or separated from 5 information that is not otherwise confidential. 6 5. An officer, employee or agent of a governmental entity who 7 has legal custody or control of a public record: 8 (a) Shall not refuse to provide a copy of that public record in the 9 medium that is requested because the officer, employee or agent has 10 already prepared or would prefer to provide the copy in a different 11 medium. 12 (b) Except as otherwise provided in NRS 239.030, shall, upon 13 request, prepare the copy of the public record and shall not require 14 the person who has requested the copy to prepare the copy himself 15 or herself. 16 Sec. 62. NRS 241.016 is hereby amended to read as follows: 17 241.016 1. The meetings of a public body that are quasi- 18 judicial in nature are subject to the provisions of this chapter. 19 2. The following are exempt from the requirements of this 20 chapter: 21 (a) The Legislature of the State of Nevada. 22 (b) Judicial proceedings, including, without limitation, 23 proceedings before the Commission on Judicial Selection and, 24 except as otherwise provided in NRS 1.4687, the Commission on 25 Judicial Discipline. 26 (c) Meetings of the State Board of Parole Commissioners when 27 acting to grant, deny, continue or revoke the parole of a prisoner or 28 to establish or modify the terms of the parole of a prisoner. 29 3. Any provision of law, including, without limitation, NRS 30 91.270, 219A.210, 223.966, 226.778, 228.495, 239C.140, 31 239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 32 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 33 288.590, 289.387, 293.252, 295.121, 295.217, 315.98425, 360.247, 34 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 35 388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 36 396.1415, 396.3295, 414.270, 422.405, 427A.940, 433.534, 37 435.610, 442.774, 450.140, 450.635, 463.110, 480.545, 622.320, 38 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 39 686B.170, 696B.550, 703.196 and 706.1725 [,] and section 45 of 40 this act, which: 41 (a) Provides that any meeting, hearing or other proceeding is not 42 subject to the provisions of this chapter; or 43 – 39 – - *AB191* (b) Otherwise authorizes or requires a closed meeting, hearing 1 or proceeding, 2  prevails over the general provisions of this chapter. 3 4. The exceptions provided to this chapter, and a remote 4 technology system or electronic communication, must not be used to 5 circumvent the spirit or letter of this chapter to deliberate or act, 6 outside of an open and public meeting, upon a matter over which the 7 public body has supervision, control, jurisdiction or advisory 8 powers. 9 Sec. 63. NRS 396.251 is hereby amended to read as follows: 10 396.251 1. The Board of Regents may establish policies and 11 procedures for personnel which govern student employees, graduate 12 assistants, physicians engaged in a program for residency training 13 and postdoctoral fellows of the System and which are separate from 14 the policies and procedures established for the unclassified 15 personnel of the System. Any such policy or procedure does not 16 diminish the eligibility of those persons for coverage as employees 17 under the provisions of chapters 616A to 616D, inclusive, or chapter 18 617 of NRS. 19 2. Except as otherwise provided in sections 6 to 51, inclusive, 20 of this act: 21 (a) In establishing policies and procedures pursuant to 22 subsection 1, the Board of Regents is not bound by any of the other 23 provisions of this chapter or the provisions of title 23 of NRS. 24 [Those] 25 (b) The provisions of this chapter and the provisions of title 23 26 of NRS do not apply to a student employee, a graduate assistant, a 27 physician engaged in a program for residency training or a 28 postdoctoral fellow of the System unless otherwise provided by the 29 Board of Regents. 30 3. In the event of a conflict between the policies and 31 procedures established pursuant to subsection 1 and the provisions 32 of a collective bargaining agreement entered into pursuant to 33 sections 6 to 51, inclusive, of this act, the provisions of the 34 collective bargaining agreement prevail. 35 Sec. 64. NRS 396.7953 is hereby amended to read as follows: 36 396.7953 1. The Board of Regents may devise and establish 37 personnel policies and procedures in connection with the operation 38 of contractual or sponsored research activities of the Institute, apart 39 from those personnel policies and procedures which are established 40 for the professional personnel of other branches or facilities of the 41 System. 42 2. Except as otherwise provided in sections 6 to 51, inclusive 43 of this act: 44 – 40 – - *AB191* (a) In devising and establishing such personnel policies and 1 procedures, the Board of Regents is not bound by any of the other 2 provisions of this chapter or the provisions of title 23 of NRS . [and 3 none of those] 4 (b) The provisions [are applicable] of this chapter and the 5 provisions of title 23 of NRS do not apply to any person employed 6 in connection with the operation of contractual or sponsored 7 research activities of the Institute except as may be prescribed by the 8 Board of Regents. 9 3. In the event of a conflict between the personnel policies 10 and procedures established pursuant to subsection 1 and the 11 provisions of a collective bargaining agreement entered into 12 pursuant to sections 6 to 51, inclusive, of this act, the provisions of 13 the collective bargaining agreement prevail. 14 Sec. 65. NRS 396.280 is hereby amended to read as follows: 15 396.280 The Board of Regents shall have [the] : 16 1. The power to fix the salaries of the academic staff of the 17 System. 18 2. The authority to conduct collective bargaining negotiations 19 and to enter into collective bargaining agreements with the 20 professional employees of the System pursuant to sections 6 to 51, 21 inclusive, of this act to establish the terms and conditions of 22 employment of the academic staff and other professional 23 employees of the System. As used in this subsection, “professional 24 employee” has the meaning ascribed to it in section 13 of this act. 25 Sec. 66. 1. Insofar as they conflict with the provisions of 26 such an agreement, the amendatory provisions of this act do not 27 apply during the current term of any collective bargaining 28 agreement entered into before July 1, 2025, or the first day in July 29 after this act becomes law pursuant to Section 35 of Article 4 of the 30 Nevada Constitution, whichever is later, but do apply to any 31 extension or renewal of such an agreement and to any such 32 agreement entered into on or after July 1, 2025, or the first day in 33 July after this act becomes law pursuant to Section 35 of Article 4 of 34 the Nevada Constitution, whichever is later. 35 2. If a state professional employer has established a bargaining 36 unit for any of its professional employees or has designated a 37 professional organization as the exclusive representative for a 38 bargaining unit as of July 1, 2025, or the first day in July after this 39 act becomes law pursuant to Section 35 of Article 4 of the Nevada 40 Constitution, whichever is later, such bargaining unit or exclusive 41 representative shall be deemed the bargaining unit or exclusive 42 representative representing the same professional employees on and 43 after July 1, 2025, or the first day in July after this act becomes law 44 pursuant to Section 35 of Article 4 of the Nevada Constitution, 45 – 41 – - *AB191* whichever is later, until such time, if any, the bargaining unit or 1 exclusive representative is changed or modified in accordance with 2 the provisions of this act. 3 3. As used in this section: 4 (a) “Bargaining unit” has the meaning ascribed to it in section 8 5 of this act. 6 (b) “Exclusive representative” has the meaning ascribed to it in 7 section 10 of this act. 8 (c) “Professional employee” has the meaning ascribed to it in 9 section 13 of this act. 10 (d) “Professional organization” has the meaning ascribed to it in 11 section 4 of this act. 12 (e) “State professional employer” has the meaning ascribed to it 13 in section 5 of this act. 14 Sec. 67. This act becomes effective on July 1, 2025. 15 H