Text of NV AB 224A (2025)

EXEMPT (Reprinted with amendments adopted on June 2, 2023) SECOND REPRINT A.B. 224 - *AB224_R2* ASSEMBLY BILL NO. 224–ASSEMBLYMEN PETERS, WATTS, BILBRAY-AXELROD, ANDERSON, LA RUE HATCH; BROWN- MAY, CARTER, COHEN, CONSIDINE, D’SILVA, DURAN, GONZÁLEZ, GORELOW, HIBBETTS, JAUREGUI, KOENIG, MARZOLA, BRITTNEY MILLER, C.H. MILLER, MONROE- MORENO, NGUYEN, ORENTLICHER, SUMMERS- ARMSTRONG, TAYLOR, THOMAS, TORRES AND YEAGER FEBRUARY 23, 2023 ____________ JOINT SPONSORS: SENATORS NGUYEN; DONATE AND PAZINA ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing collective bargaining. (BDR 23-155) 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; making appropriations; and providing other matters properly relating thereto. – 2 – - *AB224_R2* 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 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, 57 and 59 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 22 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 58 of this bill set 25 forth the conditions under which a state professional employer is authorized to 26 withdraw such recognition. Section 23 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 24 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 25 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 26 of this bill provides for the creation and organization of bargaining 38 units. Sections 27-31 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 29 and 62 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 32 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 33 of this bill sets forth certain subjects that constitute the scope of 50 mandatory bargaining. Section 34 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 35 of 53 this bill sets forth certain duties of an exclusive representative. Section 36 of this 54 – 3 – - *AB224_R2* bill requires a state professional employer to designate a representative to engage in 55 collective bargaining with an exclusive representative. Section 36 further requires a 56 state professional employer to comply with reasonable requests to furnish certain 57 data to the exclusive representative. Section 39 of this bill authorizes a professional 58 organization to be represented by a licensed attorney in negotiations with a state 59 professional employer. 60 Sections 37, 38, 41 and 42 of this bill set forth various requirements and 61 limitations relating to the provisions of a collective bargaining agreement. Section 62 64 of this bill provides that in the event of a conflict between certain policies and 63 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 40 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 46 71 and 63 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 43-45 of this bill provide for the mediation and arbitration of disputes 76 between state professional employers and exclusive representatives. 77 Section 47 of this bill prohibits certain practices in the context of collective 78 bargaining. Section 48 of this bill sets forth procedures to establish that a party has 79 committed such a prohibited practice. 80 Section 49 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 year. (NRS 288.139, 288.475) 87 Section 50 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 year. 91 Sections 51 and 52 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 6-52 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 61 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 6-52. Sections 56 and 60 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 54 and 55 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 53 of this 107 bill makes a conforming change to indicate the proper placement of sections 4 and 108 5 in the Nevada Revised Statutes. 109 – 4 – - *AB224_R2* 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 Sections 65.3 and 65.5 of this bill make appropriations to the Interim Finance 114 Committee for allocation to the Nevada System of Higher Education and to the 115 Office of the Attorney General for personnel and certain other expenses associated 116 with the changes relating to collective bargaining in this bill. 117 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 22 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 – 5 – - *AB224_R2* (b) A place, other than a bathroom, that is reasonably free from 1 dirt or pollution, protected from the view of others and free from 2 intrusion by others where the employee may express breast milk. 3 2. If the public body determines that complying with the 4 provisions of subsection 1 will cause an undue hardship considering 5 the size, financial resources, nature and structure of the public body, 6 the public body may meet with the employee to agree upon a 7 reasonable alternative. If the parties are not able to reach an 8 agreement, the public body may require the employee to accept a 9 reasonable alternative selected by the public body and the employee 10 may appeal the decision by filing a complaint in the manner set 11 forth in subsection 4. 12 3. An officer or agent of a public body shall not retaliate, or 13 direct or encourage another person to retaliate, against an employee 14 of the public body because the employee has: 15 (a) Taken break time or used the space provided pursuant to 16 subsection 1 or 2 to express breast milk; or 17 (b) Taken any action to require the public body to comply with 18 the requirements of this section, including, without limitation, filing 19 a complaint, testifying, assisting or participating in any manner in an 20 investigation, proceeding or hearing to enforce the provisions of this 21 section. 22 4. An employee who is aggrieved by the failure of a public 23 body to comply with the provisions of this section may: 24 (a) If the employee is employed by the Executive Department of 25 State Government, is not an employee of an entity described in NRS 26 284.013 and is not an employee in a bargaining unit pursuant to 27 NRS 288.400 to 288.630, inclusive, or sections 6 to 52, inclusive, 28 of this act, file a complaint with the Employee-Management 29 Committee in accordance with the procedures provided pursuant to 30 NRS 284.384; 31 (b) If the employee is employed by the Legislative Department 32 of State Government, file a complaint with the Director of the 33 Legislative Counsel Bureau; 34 (c) If the employee is employed by the Judicial Department of 35 State Government, file a complaint with the Court Administrator; 36 and 37 (d) If the employee is employed by a political subdivision of this 38 State or any public or quasi-public corporation organized under the 39 laws of this State or if the employee is employed by the Executive 40 Department of State Government and is an employee in a bargaining 41 unit pursuant to NRS 288.400 to 288.630, inclusive, or sections 6 to 42 52, inclusive, of this act, file a complaint with the Government 43 Employee-Management Relations Board in the manner set forth in 44 NRS 288.115. 45 – 6 – - *AB224_R2* 5. The requirements of this section do not apply to the 1 Department of Corrections. The Department is encouraged to 2 comply with the provisions of this section to the extent practicable. 3 6. As used in this section, “public body” means: 4 (a) The State of Nevada, or any agency, instrumentality or 5 corporation thereof; 6 (b) The Nevada System of Higher Education; or 7 (c) Any political subdivision of this State or any public or quasi- 8 public corporation organized under the laws of this State, including, 9 without limitation, counties, cities, unincorporated towns, school 10 districts, charter schools, hospital districts, irrigation districts and 11 other special districts. 12 Sec. 3. Chapter 288 of NRS is hereby amended by adding 13 thereto the provisions set forth as sections 4 to 52, inclusive, of this 14 act. 15 Sec. 4. “Professional organization” means an organization 16 of any kind that: 17 1. Has, as one of its purposes, the improvement of the terms 18 and conditions of employment of professional employees, as 19 defined in section 13 of this act; and 20 2. Provides the service of representation to professional 21 employees, including, without limitation, in collective bargaining 22 with state professional employers. 23 Sec. 5. “State professional employer” means a board, 24 commission or similar body within the Executive Department, 25 including, without limitation, the Board of Regents of the 26 University of Nevada on behalf of the Nevada System of Higher 27 Education, that employs 400 or more professional employees as 28 defined in section 13 of this act. 29 Sec. 6. As used in sections 6 to 52, inclusive, of this act, 30 unless the context otherwise requires, the words and terms defined 31 in sections 7 to 16, inclusive, of this act have the meanings 32 ascribed to them in those sections. 33 Sec. 7. “Arbitration” means a process of dispute resolution 34 in which the parties involved in an impasse or grievance submit 35 their dispute to a third party for a final and binding decision. 36 Sec. 8. “Bargaining unit” means a group of professional 37 employees recognized by a state professional employer as having 38 sufficient community of interest for representation by a 39 professional organization for the purpose of collective bargaining. 40 Sec. 9. “Confidential employee” means an employee who 41 provides administrative support to an employee who assists in the 42 formulation, determination and effectuation of managerial 43 personnel policies concerning collective bargaining. 44 – 7 – - *AB224_R2* Sec. 10. “Exclusive representative” means a professional 1 organization that, as a result of its designation as such by the 2 Board, has the exclusive right to: 3 1. Represent all the professional employees within a 4 bargaining unit; and 5 2. Engage in collective bargaining with a state professional 6 employer pursuant to sections 6 to 52, inclusive, of this act 7 concerning wages, hours and other terms and conditions of 8 employment for those professional employees. 9 Sec. 11. “Grievance” means an act, omission or occurrence 10 that a professional employee or an exclusive representative 11 believes to be an injustice relating to any condition arising out of 12 the relationship between a state professional employer and a 13 professional employee, including, without limitation, working 14 hours, working conditions, membership in a professional 15 organization or the interpretation of any law, regulation or 16 agreement. 17 Sec. 12. 1. “Managerial employee” means an employee 18 whose primary function is to administer and control the business 19 of any state professional employer and who is vested with 20 discretion and independent judgment with regard to the general 21 conduct and control of the state professional employer. 22 2. The term includes, without limitation: 23 (a) A chief administrative officer, the chief administrative 24 officer’s deputy and immediate assistants, department heads and 25 their deputies and immediate assistants, appointed officials and 26 others who are primarily responsible for formulating 27 and administering management policies and programs; 28 (b) Administrators of an academic institution, including, 29 without limitation: 30 (1) Chancellors, presidents, provosts and deans; 31 (2) Vice, associate and assistant chancellors, presidents, 32 provosts and deans; and 33 (3) Other employees who are primarily responsible for 34 formulating and administering management policies and 35 programs; and 36 (c) Attorneys who serve a state professional employer or advise 37 other managerial employees. 38 3. With respect to professional employees of an academic 39 institution: 40 (a) A professional employee shall not be deemed a managerial 41 employee solely because the professional employee participates in 42 decisions with respect to courses, curriculum, personnel or other 43 matters of educational policy through shared governance 44 mechanisms or peer review. 45 – 8 – - *AB224_R2* (b) A chair or head of a department or similar academic unit 1 or program who performs the duties described in paragraph (a) 2 primarily on behalf of the members of the academic unit or 3 program shall not be deemed a managerial employee solely 4 because of those duties. 5 Sec. 13. 1. “Professional employee” means a person who is 6 employed by a state professional employer and: 7 (a) Is in the unclassified service of the State; or 8 (b) Is paid in accordance with any arrangement other than the 9 pay plan for the classified service of the State. 10 2. The term does not include: 11 (a) A local government employee; 12 (b) A person who is employed in the classified service of the 13 State pursuant to chapter 284 of NRS; 14 (c) A person who is employed by the Nevada System of Higher 15 Education: 16 (1) In the classified service of the State; or 17 (2) Who is required to be paid in accordance with the pay 18 plan for the classified service of the State; 19 (d) A person employed by the Public Employees’ Retirement 20 System who is required to be paid in accordance with the pay plan 21 for the classified service of the State; 22 (e) An elected official or any person appointed to fill a vacancy 23 in an elected office; 24 (f) A person who is employed in neither the classified nor the 25 unclassified service of the State pursuant to NRS 223.085; 26 (g) A person whose employment is the result of an 27 appointment by the Governor to a position which deems the person 28 to be a civil officer of the State pursuant to NRS 232A.030 or 29 616C.340; 30 (h) A managerial employee; 31 (i) A confidential employee; 32 (j) A temporary, intermittent or seasonal worker who is 33 employed for less than 90 calendar days in a period of 365 34 calendar days; 35 (k) A commissioned officer or an enlisted member of the 36 Nevada National Guard; or 37 (l) A person who is employed within the office of a statewide 38 elected constitutional officer. 39 Sec. 14. “Recognition” or “recognized” means the formal 40 acknowledgment by a state professional employer that a particular 41 professional organization has the right to represent professional 42 employees of the state professional employer. 43 Sec. 15. “Showing of interest” means written or electronic 44 documentation that provides evidence of the membership of a 45 – 9 – - *AB224_R2* professional employee in or his or her support for a professional 1 organization for the purpose of exclusive representation. The term 2 includes any electronic signature pursuant to chapter 719 of NRS. 3 Sec. 16. 1. “Supervisory employee” means a person who 4 does not have the responsibility for the general conduct and 5 control of a state professional employer, but who: 6 (a) Performs management duties, including, without 7 limitation: 8 (1) Establishing performance standards for subordinate 9 employees; 10 (2) Scheduling, assigning, overseeing or reviewing the work 11 of subordinate employees under established performance 12 standards; or 13 (3) Effectively recommending the performance of the duties 14 described in subparagraphs (1) and (2) and the manner in which 15 such duties are performed; or 16 (b) Has the authority to adjust grievances, apply established 17 personnel policies and procedures, enforce the provisions of a 18 collective bargaining agreement or effectively recommend such 19 action, 20  if the exercise of the duties or authority described in paragraph 21 (a) or (b) is not of a merely routine or clerical nature but requires 22 the use of independent judgment and occupies a regular and 23 significant portion of the employee’s workday. 24 2. With respect to professional employees of an academic 25 institution: 26 (a) A professional employee shall not be deemed to be a 27 supervisory employee solely because the professional employee 28 participates in decisions with respect to courses, curriculum, 29 personnel or other matters of educational policy through shared 30 governance mechanisms or peer review. 31 (b) A chair or head of a department or similar academic unit 32 or program who performs the duties described in paragraph (a) 33 primarily on behalf of the members of the academic unit or 34 program shall not be deemed a supervisory employee solely 35 because of those duties. 36 Sec. 17. 1. The Legislature hereby finds and declares that 37 there is a great need to: 38 (a) Promote harmonious and constructive relations between 39 state professional employers and their professional employees; 40 and 41 (b) Increase the efficiency of state professional employers. 42 2. It is therefore in the public interest that the Legislature 43 enact provisions: 44 – 10 – - *AB224_R2* (a) Granting certain professional employees the right to 1 associate with others in organizing and choosing exclusive 2 representatives for the purpose of engaging in collective 3 bargaining; 4 (b) Requiring state professional employers to recognize 5 professional organizations and to negotiate wages, hours and 6 other terms and conditions of employment with exclusive 7 representatives and to enter into written agreements evidencing 8 the result of collective bargaining; and 9 (c) Establishing standards and procedures that protect the 10 rights of professional employees, state professional employers and 11 the people of the State. 12 3. The Legislature further finds and declares that: 13 (a) Joint decision making and consultation between 14 administration and faculty or academic professional employees is 15 a long-accepted manner of shared governance in institutions of 16 higher education and is essential to the advancement of the 17 educational missions of those institutions; 18 (b) It is a purpose of sections 6 to 52, inclusive, of this act to 19 preserve and encourage the practice and mechanisms of shared 20 governance with respect to professional employees of public 21 institutions of higher education in this State; and 22 (c) The provisions of sections 6 to 52, inclusive, of this act are 23 not intended to restrict, limit or prohibit the full exercise of the 24 functions of faculty in any shared governance mechanism or 25 practice, including, without limitation, the establishment and 26 function of faculty senates and the principle of peer review in the 27 appointment, retention and tenure of faculty in an institution of 28 higher education. 29 Sec. 18. 1. For the purposes of collective bargaining and 30 other mutual aid or protection, every professional employee has 31 the right to: 32 (a) Organize, form, join and assist professional organizations, 33 engage in collective bargaining through exclusive representatives 34 and engage in other concerted activities; and 35 (b) Refrain from engaging in such an activity. 36 2. A state professional employer shall not discriminate in any 37 way among its professional employees on account of membership 38 or nonmembership in a professional organization. 39 3. Professional employees have the right to communicate 40 with one another and with representatives of professional 41 organizations concerning organization, representation, issues in 42 the workplace, collective bargaining and the business and 43 programs of a professional organization, including, without 44 limitation, communicating by means of electronic mail, text 45 – 11 – - *AB224_R2* messages and other electronic communications, telephone, paper 1 documents and other means of communications of the workplace 2 subject to the reasonable regulations of a state professional 3 employer or such limitations as may be set forth in a collective 4 bargaining agreement. 5 Sec. 19. 1. A state professional employer shall recognize a 6 professional organization that presents to the state professional 7 employer: 8 (a) A copy of the bylaws, charter or constitution of the 9 professional organization, which demonstrates that the 10 organization has as one of its purposes the improvement of 11 the terms and conditions of employment of professional 12 employees; 13 (b) A roster of its officers, if any, and representatives; and 14 (c) An identification of the professional employees that the 15 professional organization seeks to represent. 16 2. If a state professional employer first receives the written 17 permission of the Board, the state professional employer may 18 withdraw recognition from a professional organization that fails 19 to: 20 (a) Present a copy of each change in its bylaws, charter or 21 constitution, if any; or 22 (b) Give notice of any change in the roster of its officers and 23 representatives, if any. 24 Sec. 20. 1. Except as otherwise provided in subsection 2 25 and subject to such reasonable regulations as a state professional 26 employer may prescribe or such conditions and limitations as may 27 be set forth in a collective bargaining agreement, a professional 28 organization that has been recognized shall have the right to: 29 (a) At reasonable times, access areas in which professional 30 employees work; 31 (b) Use bulletin boards, mailboxes, electronic mail and other 32 means of communication to communicate with professional 33 employees at their workplace; 34 (c) At reasonable times, use the facilities of a workplace for the 35 purpose of meetings concerned with the exercise of any rights 36 guaranteed under the provisions of sections 6 to 52, inclusive, of 37 this act; and 38 (d) Provide information to professional employees during the 39 orientation or on-boarding of new employees. 40 2. If a professional organization has been designated as the 41 exclusive representative of a bargaining unit, no professional 42 organization other than the professional organization designated 43 as the exclusive representative may exercise the rights set forth in 44 subsection 1 with respect to professional employees in the 45 – 12 – - *AB224_R2* bargaining unit except to the extent that such access is otherwise 1 provided to the general public. 2 Sec. 21. (Deleted by amendment.) 3 Sec. 22. 1. Except as otherwise provided in subsection 4, an 4 officer of a state professional employer shall, upon written 5 authorization by a professional employee, withhold a sufficient 6 amount of money from the salary or wages of the employee 7 pursuant to NRS 281.129 to pay dues or similar fees to a 8 recognized professional organization. 9 2. If applicable, a written authorization provided pursuant to 10 subsection 1 must comply with the provisions of chapter 719 of 11 NRS. 12 3. Except as otherwise provided in this subsection, a written 13 authorization provided pursuant to subsection 1 is binding for the 14 period specified in the authorization. An authorization may be 15 revoked by the professional employee by notifying the professional 16 organization in accordance with the terms of the authorization. 17 The professional organization shall process a revocation of an 18 authorization in a timely manner. 19 4. If the Board designates a professional organization as the 20 exclusive representative of a bargaining unit pursuant to sections 21 6 to 52, inclusive, of this act, an officer of a state professional 22 employer shall not, pursuant to NRS 281.129, withhold any 23 amount of money from the salary or wages of a professional 24 employee within the bargaining unit to pay dues or similar fees to 25 a professional organization other than the professional 26 organization that is the exclusive representative of the bargaining 27 unit. 28 Sec. 23. 1. Except as otherwise provided in this section, a 29 recognized professional organization may represent a professional 30 employee of a state professional employer that has recognized the 31 professional organization with respect to any condition of the 32 employment of the professional employee, including, without 33 limitation, representation in disciplinary proceedings and 34 investigations and proceedings for the adjustment of grievances, 35 regardless of whether the professional employee is a member of 36 the professional organization. 37 2. If a professional employee is in a bargaining unit that has 38 an exclusive representative, no professional organization other 39 than the professional organization designated as the exclusive 40 representative for the bargaining unit may represent the 41 professional employee. 42 3. Only the professional organization which has been 43 designated by the Board as the exclusive representative of a 44 bargaining unit pursuant to sections 6 to 52, inclusive, of this act 45 – 13 – - *AB224_R2* may engage in collective bargaining on behalf of the professional 1 employees of that bargaining unit. 2 Sec. 24. 1. Except as otherwise provided in this section, the 3 recognition of a professional organization or the designation of a 4 professional organization as an exclusive representative does not 5 preclude a professional employee from acting for himself or 6 herself with respect to any condition of his or her employment. 7 Such a professional employee has the right to present grievances 8 to a state professional employer at any time and to have those 9 grievances adjusted. 10 2. If a professional employee, acting for himself or herself, 11 presents a grievance to a state professional employer pursuant to 12 subsection 1: 13 (a) Any action taken in the adjustment of a grievance must be 14 consistent with the terms of an applicable collective bargaining 15 agreement in effect, if any; and 16 (b) If the professional employee is in a bargaining unit that 17 has an exclusive representative, the exclusive representative must 18 be given an opportunity to be present at any meetings or hearings 19 related to the adjustment of the grievance and be provided a copy 20 of the adjustment of the grievance. 21 Sec. 25. 1. Subject to the conditions imposed by section 23 22 of this act and any other conditions and limitations as may be set 23 forth in a collective bargaining agreement, a professional 24 employee who: 25 (a) Is the subject of an internal administrative investigation 26 that could lead to dismissal, involuntary demotion, suspension, 27 reduction of pay, payment of restitution or other similar adverse 28 employment action against the professional employee; or 29 (b) During any questioning by a state professional employer, 30 reasonably believes that the questioning could lead to the 31 consequences set forth in paragraph (a), 32  must be afforded the right to have a lawyer or other 33 representative of the professional employee’s choosing present 34 with the professional employee unless the professional employee 35 waives, in writing, his or her right to be represented. 36 2. A state professional employer must not retaliate in any way 37 against a professional employee for asserting his or her rights 38 under subsection 1. 39 Sec. 26. 1. Each state professional employer which has 40 recognized a professional organization shall determine, in 41 consultation with the recognized organization, which group or 42 groups of its professional employees constitute an appropriate 43 bargaining unit or bargaining units. The primary criterion for that 44 determination must be the community of interest among the 45 – 14 – - *AB224_R2* employees concerned. Without restricting the rights of the parties 1 to make their determination pursuant to this subsection, for the 2 Nevada System of Higher Education, there is a presumption that 3 the contact, interests and working conditions of employees within 4 a branch university, college or other branch create a sufficient 5 community of interest. 6 2. Managerial employees must be excluded from any 7 bargaining unit. 8 3. Confidential employees must be excluded from any 9 bargaining unit but are entitled to participate in any plan to 10 provide benefits for a group that is administered by the bargaining 11 unit of which they would otherwise be a member. 12 4. A supervisory employee must not be a member of the same 13 bargaining unit as the professional employees under the 14 supervision of the supervisory employee. Any dispute between the 15 parties as to whether a professional employee is a supervisor must 16 be submitted to the Board. A professional organization which is 17 negotiating on behalf of two or more bargaining units may select 18 members of each unit to negotiate jointly on behalf of each other, 19 even if one of the units consists of supervisory employees and the 20 other unit does not. 21 5. If any professional organization is aggrieved by the 22 determination of a bargaining unit, it may appeal to the Board. 23 Subject to judicial review, the decision of the Board is binding 24 upon the state professional employer and any professional 25 organization involved. The Board shall apply the same criterion as 26 specified in subsection 1. 27 Sec. 27. If no professional organization is designated as the 28 exclusive representative of a bargaining unit and a recognized 29 professional organization files with the Board a showing of 30 interest for the professional organization by more than 50 percent 31 of the professional employees in a bargaining unit which is 32 verified by the Board pursuant to section 29 of this act, the Board 33 shall designate the professional organization as the exclusive 34 representative of the bargaining unit without ordering an election. 35 Sec. 28. 1. If no professional organization is designated as 36 the exclusive representative of a bargaining unit, the Board shall 37 order an election to be conducted within the bargaining unit if: 38 (a) A recognized professional organization files with the Board 39 a written request for an election which includes a showing of 40 interest for the professional organization by at least 30 percent but 41 not more than 50 percent of the professional employees within the 42 bargaining unit which is verified by the Board pursuant to section 43 29 of this act; and 44 – 15 – - *AB224_R2* (b) No other election to choose, change or discontinue 1 exclusive representation has been conducted within the 2 bargaining unit during the immediately preceding 12 months. 3 2. If the Board has designated a professional organization as 4 the exclusive representative of a bargaining unit following an 5 election pursuant to subsection 1 or without an election pursuant 6 to section 27 of this act, the Board shall order an election: 7 (a) If: 8 (1) Another recognized professional organization files with 9 the Board a written request for an election which includes a 10 showing of interest for the professional organization by more than 11 50 percent of the professional employees within the bargaining 12 unit; or 13 (2) A group of professional employees within the 14 bargaining unit files with the Board a written request for an 15 election which includes a petition or other evidence showing that 16 more than 50 percent of the professional employees within the 17 bargaining unit have requested that an election be conducted to 18 change or discontinue exclusive representation; 19 (b) If applicable, the written request filed pursuant to 20 paragraph (a) is filed at least 225 calendar days but not more than 21 270 calendar days before the date on which the current collective 22 bargaining agreement in effect for the bargaining unit expires; 23 and 24 (c) If no other election to choose, change or discontinue 25 exclusive representation has been conducted within the 26 bargaining unit during the immediately preceding 12 months. 27 Sec. 29. 1. The Board shall verify each showing of interest 28 filed by a professional organization pursuant to section 27 or 28 of 29 this act and the identity of each professional employee identified in 30 a written request filed by a group of professional employees 31 pursuant to subparagraph (2) of paragraph (a) of subsection 2 of 32 section 28 of this act by comparing the name of a professional 33 employee included in the showing of interest or written request, as 34 applicable, with the employment records of the state professional 35 employer. 36 2. A showing of interest filed by a professional organization 37 pursuant to section 27 or 28 of this act or a written request filed by 38 a group of professional employees pursuant to subparagraph (2) 39 of paragraph (a) of subsection 2 of section 28 of this act is 40 confidential and is not a public record. 41 3. The Board shall not disclose to any person the identity of 42 any professional employee who has participated in a showing of 43 interest filed by a professional organization pursuant to section 27 44 or 28 of this act or a written request filed by a group of 45 – 16 – - *AB224_R2* professional employees pursuant to subparagraph (2) of 1 paragraph (a) of subsection 2 of section 28 of this act. 2 Sec. 30. 1. If the Board orders an election within a 3 bargaining unit pursuant to section 28 or 31 of this act, the Board 4 shall order that each of the following be placed on the ballot for 5 the election: 6 (a) If applicable, a choice for the recognized professional 7 organization that requested the election pursuant to section 28 of 8 this act; 9 (b) If applicable, a choice for the recognized professional 10 organization that is currently designated as the exclusive 11 representative of the bargaining unit; 12 (c) A choice for any other recognized professional 13 organization that, on or before the date that is prescribed by the 14 rules adopted by the Board pursuant to NRS 288.110 and section 15 31 of this act, files with the Board a written request to be placed on 16 the ballot for the election and includes with the written request a 17 showing of interest for that other professional organization by at 18 least 30 percent of the professional employees within the 19 bargaining unit; and 20 (d) A choice for “no exclusive representation.” 21 2. If a ballot for an election contains more than two choices 22 and none of the choices on the ballot receives a majority of the 23 votes cast at the initial election, the Board shall order a runoff 24 election between the two choices on the ballot that received the 25 highest number of votes at the initial election. 26 3. If the choice for “no exclusive representation” receives a 27 majority of the votes cast at the initial election or at any runoff 28 election, the Board shall designate the bargaining unit as being 29 without an exclusive representative. 30 4. If a recognized professional organization receives a 31 majority of the votes cast at the initial election or at any runoff 32 election, the Board shall designate that professional organization 33 as the exclusive representative of the bargaining unit. 34 Sec. 31. 1. The Board shall preside over all elections that 35 are conducted pursuant to this section or section 28 or 30 of this 36 act and shall determine the eligibility requirements for 37 professional employees to vote in any such election. 38 2. An election conducted pursuant to this section or section 39 28 or 30 of this act must be conducted by secret ballot. The Board 40 may adopt rules prescribing the manner in which voting in such 41 an election may be conducted, which may include, without 42 limitation, voting in person, by mail or by secure electronic means. 43 3. A professional organization that is placed as a choice on 44 the ballot for an election or any professional employee who is 45 – 17 – - *AB224_R2* eligible to vote at an election may file with the Board a written 1 objection to the results of the election. The objection must be filed 2 not later than 10 business days after the date on which the notice 3 of the results of the election is given by the Board. 4 4. In response to a written objection filed pursuant to 5 subsection 3 or upon its own motion, the Board may invalidate the 6 results of an election and order a new election if the Board finds 7 that any conduct or circumstances raise substantial doubt that the 8 results of the election are reliable. 9 Sec. 32. 1. Each state professional employer that has 10 recognized one or more professional organizations shall, on or 11 before November 30 of each year, file with the Board: 12 (a) A list of each professional organization recognized by the 13 state professional employer; 14 (b) A list of each professional organization designated as the 15 exclusive representative for a bargaining unit within the state 16 professional employer; and 17 (c) A description of each bargaining unit within the state 18 professional employer. 19 2. Each professional organization recognized by a state 20 professional employer shall file a report with the Board on or 21 before November 30 of each year. The report must include: 22 (a) The full name of the professional organization; 23 (b) The name of each state professional employer which has 24 recognized the professional organization; 25 (c) The names of the officers of the professional organization; 26 (d) If applicable, the total number of professional employees in 27 each bargaining unit for which the professional organization has 28 been designated as the exclusive representative; 29 (e) Copies of all changes to the bylaws, charter or constitution 30 of the professional organization that were adopted during the 31 preceding year; 32 (f) The name, address and telephone number of the person 33 designated by the professional organization to receive 34 communications from the Board on business relating to the 35 professional organization; and 36 (g) A copy of any collective bargaining agreement in effect 37 between the professional organization and a state professional 38 employer. 39 3. A professional organization which has not previously been 40 recognized by a state professional employer shall file the report 41 required by subsection 2 not later than 30 calendar days after 42 recognition. 43 Sec. 33. 1. Collective bargaining entails a mutual 44 obligation between a state professional employer and an exclusive 45 – 18 – - *AB224_R2* representative to meet at reasonable times and to bargain in good 1 faith with respect to: 2 (a) The subjects of mandatory bargaining set forth in 3 subsection 2; 4 (b) The negotiation of an agreement; 5 (c) The resolution of any question arising under an 6 agreement; and 7 (d) The execution of a written contract incorporating the 8 provisions of an agreement. 9 2. The scope of mandatory bargaining is limited to: 10 (a) Salary or wage rates or other forms of direct monetary 11 compensation. 12 (b) Sick leave. 13 (c) Vacation leave. 14 (d) Holidays. 15 (e) Maternity or paternity leave and family medical leave. 16 (f) Other paid or nonpaid leaves of absence. 17 (g) Except as otherwise provided in subsection 3, insurance 18 and health care benefits provided by the state professional 19 employer. 20 (h) Total hours of work required of a professional employee on 21 each workday or workweek. 22 (i) Total number of days of work required of a professional 23 employee in a work year. 24 (j) Discharge and disciplinary procedures. 25 (k) Recognition clause. 26 (l) The method for determining the classification and titles of 27 professional employees in the bargaining unit. 28 (m) Deduction of dues for the recognized professional 29 organization. 30 (n) Protection of professional employees in the bargaining unit 31 from discrimination because of participation in recognized 32 professional organizations consistent with the provisions of 33 sections 6 to 52, inclusive, of this act. 34 (o) Grievance and arbitration procedures for resolution of 35 disputes relating to interpretation or application of collective 36 bargaining agreements. 37 (p) General savings clauses. 38 (q) Except as otherwise provided in section 38 of this act, the 39 duration of collective bargaining agreements. 40 (r) Safety of professional employees. 41 (s) Facilities for meeting with students for professional 42 employees who have teaching or advising responsibilities. 43 (t) Policies for the transfer and reassignment of professional 44 employees. 45 – 19 – - *AB224_R2* (u) Procedures for reduction in or addition to the workforce 1 consistent with the provisions of sections 6 to 52, inclusive, of this 2 act. 3 3. The following are not subject to negotiation pursuant to 4 this section: 5 (a) Pension or retirement benefits provided by the Public 6 Employees’ Retirement System pursuant to chapter 286 of NRS to 7 persons employed by this State, state agencies, as described in 8 subsection 2 of NRS 286.070, and the Public Employees’ 9 Retirement System. 10 (b) Benefits provided by the Public Employees’ Benefits 11 Program pursuant to NRS 287.0402 to 287.049, inclusive, to 12 persons employed by a participating state agency as defined in 13 NRS 287.04054. 14 (c) Provisions governing participation in the Public 15 Employees’ Deferred Compensation Program pursuant to NRS 16 287.250 to 287.370, inclusive. 17 4. The following are not subjects within the scope of 18 mandatory bargaining and are reserved to the state professional 19 employer without negotiation: 20 (a) Except as otherwise provided in paragraph (t) of subsection 21 2, the right to hire, direct, assign or transfer an employee. This 22 right does not include the right to assign or transfer an employee 23 as a form of discipline. 24 (b) The right to determine the quality and quantity of services 25 to be offered to the public. 26 (c) Safety of the public. 27 5. Notwithstanding the provisions of any collective 28 bargaining agreement negotiated pursuant to the provisions of 29 sections 6 to 52, inclusive, of this act, a state professional employer 30 is entitled to take whatever actions may be necessary to carry out 31 its responsibilities during a state of emergency or declaration of 32 disaster proclaimed pursuant to NRS 414.070. Those actions may 33 include the suspension of any such collective bargaining 34 agreement or any portion thereof for the duration of the 35 emergency or disaster to the extent necessary to carry out the 36 responsibilities of the state professional employer. Any action 37 taken under the provisions of this subsection must not be 38 construed as a failure to negotiate in good faith. 39 6. This section does not preclude, but the provisions of 40 sections 6 to 52, inclusive, of this act, do not require, a state 41 professional employer to negotiate subject matters outside of the 42 scope of mandatory bargaining or consult with any professional 43 employee or professional organization on any such matter. A state 44 professional employer shall discuss subject matters outside the 45 – 20 – - *AB224_R2* scope of mandatory bargaining but is not required to negotiate 1 those matters. 2 Sec. 34. 1. Whenever an exclusive representative or a state 3 professional employer desires to negotiate any matter which is 4 subject to negotiation pursuant to the provisions of sections 6 to 5 52, inclusive, of this act, it shall give written notice to the other 6 party. 7 2. The parties shall commence negotiations not later than 60 8 calendar days following the notification provided for in 9 subsection 1. 10 Sec. 35. 1. An exclusive representative shall: 11 (a) Act as the representative of all professional employees 12 within each bargaining unit that it represents; and 13 (b) In good faith and on behalf of each bargaining unit that it 14 represents, individually or collectively, bargain with a state 15 professional employer concerning the wages, hours and other 16 terms and conditions of employment for the professional 17 employees within each bargaining unit that it represents. 18 2. A professional organization may serve as an exclusive 19 representative for multiple bargaining units. 20 Sec. 36. 1. A state professional employer shall designate a 21 representative to conduct negotiations concerning collective 22 bargaining agreements on behalf of the state professional 23 employer. For the Nevada System of Higher Education, where a 24 bargaining unit has been determined pursuant to section 26 of this 25 act and that bargaining unit is unique to an institution within the 26 System, a representative of that institution may be, but is not 27 required to be, designated as the representative to conduct 28 negotiations concerning collective bargaining agreements on 29 behalf of the Nevada System of Higher Education for that 30 institution. 31 2. A representative designated pursuant to subsection 1 shall, 32 on behalf of the state professional employer, negotiate in good 33 faith with an exclusive representative concerning a collective 34 bargaining agreement, as required by section 33 of this act. 35 3. A state professional employer shall comply with reasonable 36 requests by an exclusive representative to furnish data that is 37 maintained in the ordinary course of business and which is 38 relevant and necessary to the discussion of the subjects of 39 mandatory bargaining described in section 33 of this act. This 40 subsection shall not be construed to require a state professional 41 employer to furnish to the exclusive representative any advice or 42 training received by representatives of the state professional 43 employer concerning collective bargaining. 44 – 21 – - *AB224_R2* Sec. 37. 1. Each collective bargaining agreement 1 negotiated between a state professional employer and an exclusive 2 representative pursuant to sections 6 to 52, inclusive, of this act 3 must be in writing and must include, without limitation: 4 (a) A procedure to resolve grievances that applies to all 5 professional employees in the bargaining unit and culminates in 6 binding arbitration as the final stage of appeal by either party. 7 Such a procedure: 8 (1) Must be used to resolve all grievances relating to 9 employment, including, without limitation, the administration and 10 interpretation of the collective bargaining agreements, the 11 applicability of any law, rule or regulation relating to the 12 employment and appeal of discipline and other adverse personnel 13 actions; and 14 (2) May, for professional employees of academic 15 institutions, incorporate established shared governance 16 mechanisms, including, without limitation, oversight by a faculty 17 senate and peer review. 18 (b) A nonappropriation clause that provides that any provision 19 of the collective bargaining agreement which requires the 20 Legislature to appropriate money is effective only: 21 (1) To the extent of the legislative appropriation; and 22 (2) Until the collective bargaining agreement is reopened 23 and the provision is renegotiated. 24 2. A professional employee in a bargaining unit who is 25 aggrieved by the failure of the state professional employer or its 26 designated representative to comply with the requirements of NRS 27 281.755 may pursue a grievance related to that failure through: 28 (a) The procedure provided in the agreement pursuant to 29 paragraph (a) of subsection 1; or 30 (b) The procedure prescribed by NRS 288.115, 31  but once the professional employee has properly filed a 32 grievance in writing under the procedure described in paragraph 33 (a) or filed a complaint under the procedure described in 34 paragraph (b), the professional employee may not proceed in an 35 alternative manner. 36 3. If there is a conflict between any provision of a collective 37 bargaining agreement between a state professional employer and 38 an exclusive representative and: 39 (a) Any policy, procedure or regulation adopted by the state 40 professional employer, the provision of the agreement prevails 41 unless the provision of the agreement is outside the lawful scope 42 of collective bargaining. 43 – 22 – - *AB224_R2* (b) An existing statute, the provision of the agreement may not 1 be given effect unless the Legislature amends the existing statute 2 in such a way as to eliminate the conflict. 3 Sec. 38. If the parties to collective bargaining cannot agree 4 to a new collective bargaining agreement before the end of the 5 term of a collective bargaining agreement, the terms of the 6 existing collective bargaining agreement remain in effect until a 7 new collective bargaining agreement takes effect. 8 Sec. 39. Whenever a professional organization enters into 9 negotiations with a state professional employer pursuant to 10 sections 6 to 52, inclusive, of this act, the professional 11 organization may, at the sole expense of the professional 12 organization, be represented by an attorney licensed to practice 13 law in this State. 14 Sec. 40. 1. The draft of any new collective bargaining 15 agreement or similar agreement or of any proposed modifications 16 to an existing collective bargaining agreement or similar 17 agreement between a state professional employer and an exclusive 18 representative must be submitted in writing by the professional 19 organization to the members of the organization within the 20 relevant bargaining unit before a vote on the ratification of the 21 agreement is taken. 22 2. A vote on the ratification of a collective bargaining 23 agreement must be conducted in accordance with the internal 24 rules and procedures of the professional organization. 25 3. Any new or modified collective bargaining agreement or 26 similar agreement between a state professional employer and an 27 exclusive representative must be approved, at a public hearing, by: 28 (a) If the agreement concerns professional employees of the 29 Nevada System of Higher Education, the Board of Regents of the 30 University of Nevada; or 31 (b) If the agreement does not concern professional employees 32 of the Nevada System of Higher Education, the State Board of 33 Examiners. 34 4. Not less than 3 business days before the date of the hearing 35 conducted pursuant to subsection 3, the Board of Regents of the 36 University of Nevada or the State Board of Examiners, as 37 applicable, shall cause the following documents to be posted and 38 made available on the Internet website used by the Board of 39 Regents or the State Board of Examiners, as applicable, to provide 40 public notice of meetings: 41 (a) The proposed collective bargaining agreement and any 42 exhibits or other attachments to the proposed agreement; 43 – 23 – - *AB224_R2* (b) If the proposed collective bargaining agreement is a 1 modification of a previous agreement, a document showing any 2 language added to or deleted from the previous agreement; and 3 (c) Any supporting material prepared for the Board of Regents 4 or the State Board of Examiners, as applicable, relating to the 5 financial impact of the agreement. 6 Sec. 41. If a provision of a collective bargaining agreement: 7 1. Does not require an act of the Legislature to be given 8 effect, the provision becomes effective in accordance with the 9 terms of the agreement. 10 2. Requires an act of the Legislature to be given effect: 11 (a) The state professional employer shall request that the 12 Governor request the drafting of a legislative measure pursuant to 13 NRS 218D.175 to effectuate the provision; 14 (b) The Governor shall request the drafting of a legislative 15 measure pursuant to NRS 218D.175 to effectuate the provision; 16 and 17 (c) The provisions become effective, if at all, on the date on 18 which the act of the Legislature becomes effective. 19 Sec. 42. 1. If a provision of a collective bargaining 20 agreement requires the Legislature to appropriate money to 21 implement the provision: 22 (a) The state professional employer that is a party to the 23 agreement shall include the full amount necessary to fund the 24 provision in the proposed budget of the state professional 25 employer submitted to the Chief of the Budget Division of the 26 Office of Finance pursuant to NRS 353.210. 27 (b) The Governor may include in the biennial proposed 28 executive budget of the State any amount of money the Governor 29 deems appropriate for the state professional employer. If such 30 amount is not sufficient to fully fund the provision of the collective 31 bargaining agreement, the Governor shall submit to the 32 Legislature and the state professional employer a statement setting 33 forth the reasons for not including the amount necessary to fully 34 fund the provision. 35 2. If the Legislature does not appropriate the amount of 36 money that is necessary to implement fully a provision of a 37 collective bargaining agreement, any such agreement may be 38 opened by either party to that agreement solely for the purpose of 39 renegotiating the provision that was not fully funded by the 40 appropriation. All other terms and conditions of the collective 41 bargaining agreement remain in full force and effect. 42 Sec. 43. 1. Either party may request mediation through the 43 Federal Mediation and Conciliation Service if the parties do not 44 reach a collective bargaining agreement: 45 – 24 – - *AB224_R2* (a) Not later than 120 calendar days after the date on which 1 the parties began negotiations; or 2 (b) On or before any later date set by the agreement of the 3 parties in writing. 4 2. The mediator shall bring the parties together as soon as 5 possible after his or her appointment and shall attempt to settle 6 each issue in dispute not later than 21 calendar days after his or 7 her appointment or any later date set by the agreement of the 8 parties. 9 Sec. 44. 1. If a mediator appointed pursuant to section 43 10 of this act determines that his or her services are no longer 11 helpful, or if the parties do not reach a collective bargaining 12 agreement through mediation within 21 calendar days after the 13 appointment of the mediator or on or before any later date set by 14 agreement of the parties, the mediator shall discontinue mediation 15 and the parties shall attempt to agree upon an impartial arbitrator. 16 2. If the parties do not agree upon an impartial arbitrator 17 within 5 business days after the date on which mediation is 18 discontinued pursuant to subsection 1 or on or before any later 19 date set by agreement of the parties, the parties shall request from 20 the Federal Mediation and Conciliation Service a list of seven 21 potential arbitrators. Not later than 5 business days after receipt of 22 the list of arbitrators, the parties shall select an arbitrator from the 23 list by alternately striking one name until the name of only one 24 arbitrator remains, and the parties must accept that arbitrator to 25 hear the dispute in question. The party who will strike the first 26 name must be determined by a coin toss. 27 3. The arbitrator shall begin arbitration proceedings not later 28 than 15 calendar days after the appointment or any later date set 29 by agreement of the parties. 30 4. The arbitrator and the parties shall apply and follow the 31 procedures for arbitration that are prescribed by any rules adopted 32 by the Board pursuant to NRS 288.110. During arbitration, the 33 parties retain their respective duties to negotiate in good faith. 34 5. The arbitrator may administer oaths or affirmations, take 35 testimony and issue and seek enforcement of a subpoena in the 36 same manner as the Board pursuant to NRS 288.120, and, except 37 as otherwise provided in subsection 7, the provisions of NRS 38 288.120 apply to any subpoena issued by the arbitrator. 39 6. The arbitrator shall render a decision not later than 15 40 calendar days after beginning arbitration proceedings or any later 41 date set by agreement of the parties. 42 7. The state professional employer and the exclusive 43 representative shall each pay one-half of the cost of arbitration. 44 – 25 – - *AB224_R2* Sec. 45. 1. For issues in dispute after arbitration 1 proceedings are held pursuant to section 44 of this act, the 2 arbitrator shall incorporate either the final offer of the state 3 professional employer or the final offer of the exclusive 4 representative into his or her decision. The decision of the 5 arbitrator must be limited to a selection of one of the two final 6 offers of the parties. As incorporated in his or her decision, the 7 arbitrator shall not revise or amend the selected final offer of the 8 applicable party on any issue. 9 2. To determine which final offer to incorporate into his or 10 her decision, the arbitrator shall assess the reasonableness of: 11 (a) The position of each party as to each issue in dispute; and 12 (b) The proposed contractual terms and provisions contained 13 in each final offer. 14 3. In assessing reasonableness pursuant to subsection 2, the 15 arbitrator shall: 16 (a) Compare the salaries, wages, hours and other terms and 17 conditions of employment for the professional employees within 18 the bargaining unit with the salaries, wages, hours and other 19 terms and conditions of employment for other employees 20 performing similar services and for other employees generally: 21 (1) In public employment in comparable communities or 22 institutions; and 23 (2) In private employment in comparable communities or 24 institutions. 25 (b) Consider, without limitation: 26 (1) The financial ability of the state professional employer 27 to pay the costs associated with the proposed collective bargaining 28 agreement, with due regard for the primary obligation of the state 29 professional employer to safeguard the health, safety and welfare 30 of the people of this State and to fulfill the mission of the state 31 professional employer; 32 (2) Any legal or contractual restrictions on funds based on 33 the sources of those funds, including, without limitation, 34 legislative appropriations, fees, gifts and federal, state, local and 35 private grants and contracts; 36 (3) The average prices paid by consumers for goods, 37 services and housing in the geographic location where the 38 professional employees work; and 39 (4) Such other factors as are normally or traditionally used 40 as part of collective bargaining, mediation, arbitration or other 41 methods of dispute resolution to determine the wages, hours and 42 other terms and conditions of employment for professional 43 employees in public or private employment. 44 – 26 – - *AB224_R2* 4. The decision of the arbitrator is final and binding upon the 1 parties. 2 Sec. 46. The following proceedings, required by or conducted 3 pursuant to this chapter, are not subject to any provision of NRS 4 which requires a meeting to be open or public: 5 1. Any negotiation or informal discussion between a state 6 professional employer and a professional organization or 7 professional employees as individuals. 8 2. Any meeting of a mediator with either party or both parties 9 to a negotiation. 10 3. Any meeting or investigation conducted by a mediator or 11 arbitrator. 12 4. Any meeting of a state professional employer with its 13 management representative or representatives. 14 5. Deliberations of the Board toward a decision on a 15 complaint, appeal or petition for declaratory relief. 16 Sec. 47. 1. It is a prohibited practice for a state professional 17 employer or its designated representative to willfully: 18 (a) Interfere with, restrain or coerce any professional 19 employee in the exercise of any right guaranteed under the 20 provisions of sections 6 to 52, inclusive, of this act. 21 (b) Dominate, interfere or assist in the formation or 22 administration of any professional organization. 23 (c) Discriminate in regard to hiring, tenure or any term or 24 condition of employment to encourage or discourage membership 25 in any professional organization. 26 (d) Discharge or otherwise discriminate against any 27 professional employee because the professional employee has: 28 (1) Signed or filed an affidavit, petition or complaint or 29 given any information or testimony under this chapter; or 30 (2) Formed, joined or chosen to be represented by any 31 professional organization. 32 (e) Refuse to bargain collectively in good faith with an 33 exclusive representative as required by sections 33, 35 and 36 of 34 this act. 35 (f) Deny to any professional organization the rights 36 guaranteed to it under sections 6 to 52, inclusive, of this act. 37 (g) Discriminate because of race, color, religion, sex, sexual 38 orientation, gender identity or expression, age, disability, national 39 origin or because of political or personal reasons or affiliations. 40 (h) Fail to provide the data required by subsection 3 of section 41 36 of this act. 42 (i) Fail to comply with the requirements of NRS 281.755. 43 2. It is a prohibited practice for a professional organization 44 or its designated agent to willfully: 45 – 27 – - *AB224_R2* (a) Interfere with, restrain or coerce any professional 1 employee in the exercise of any right guaranteed under the 2 provisions of sections 6 to 52, inclusive, of this act. 3 (b) If the professional organization is an exclusive 4 representative, refuse to bargain collectively in good faith with a 5 state professional employer, as required by sections 33, 35 and 36 6 of this act. 7 (c) Discriminate because of race, color, religion, sex, sexual 8 orientation, gender identity or expression, age, disability, national 9 origin or because of political or personal reasons or affiliations. 10 3. As used in this section: 11 (a) “Bargain collectively” includes the entire bargaining 12 process, including mediation and arbitration, as provided in 13 sections 6 to 52, inclusive, of this act. 14 (b) “Protective hairstyle” includes, without limitation, 15 hairstyles such as natural hairstyles, afros, bantu knots, curls, 16 braids, locks and twists. 17 (c) “Race” includes traits associated with race, including, 18 without limitation, hair texture and protective hairstyles. 19 Sec. 48. 1. To establish that a party committed a prohibited 20 practice in violation of section 47 of this act, the party aggrieved 21 by the practice must file a complaint with the Board in accordance 22 with procedures prescribed by the Board. 23 2. Except as otherwise provided in this section, the Board 24 shall hear a complaint filed pursuant to subsection 1 in 25 accordance with the provisions of NRS 288.110 and any rules 26 adopted by the Board pursuant to that section. 27 3. The Board shall conduct any hearing on the complaint in 28 accordance with: 29 (a) The provisions of chapter 233B of NRS that apply to a 30 contested case; and 31 (b) Any rules adopted by the board pursuant to NRS 288.110. 32 4. If the Board finds at the hearing that the party accused in 33 the complaint has committed a prohibited practice, the Board: 34 (a) Shall order the party to cease and desist from engaging in 35 the prohibited practice; and 36 (b) May order any other affirmative relief that is necessary to 37 remedy the prohibited practice. 38 5. The Board or any party aggrieved by the failure of any 39 person to obey an order of the Board issued pursuant to 40 subsection 4 may apply to a court of competent jurisdiction for a 41 prohibitory or mandatory injunction to enforce the order. 42 6. Any order or decision issued by the Board pursuant to this 43 section concerning the merits of a complaint is a final decision in 44 a contested case and may be appealed pursuant to the provisions 45 – 28 – - *AB224_R2* of chapter 233B of NRS that apply to a contested case, except that 1 a party aggrieved by the order or decision of the Board must file a 2 petition for judicial review not later than 10 business days after 3 being served with the order or decision of the Board. 4 Sec. 49. 1. Except as otherwise provided by specific statute, 5 a professional organization and a state professional employer may 6 sue or be sued as an entity pursuant to sections 6 to 52, inclusive, 7 of this act. 8 2. If any action or proceeding is brought by or against a 9 professional organization pursuant to sections 6 to 52, inclusive, 10 of this act, the district court in and for the county in which the 11 professional organization maintains its principal office or the 12 county in which the claim arose has jurisdiction over the claim. 13 3. A natural person and his or her assets are not subject to 14 liability for any judgment awarded pursuant to sections 6 to 52, 15 inclusive, of this act, against a state professional employer or a 16 professional organization. 17 Sec. 50. 1. On or before July 1 of each year, the Board 18 shall charge and collect a fee from each state professional 19 employer that has recognized one or more professional 20 organizations in an amount not to exceed $10 for each 21 professional employee who was, in the first pay period of the 22 immediately preceding fiscal year: 23 (a) Employed by the state professional employer; and 24 (b) In a bargaining unit that had an exclusive representative. 25 2. A state professional employer shall pay the fee imposed 26 pursuant to subsection 1 on or before July 31 of each year. A state 27 professional employer shall not impose the fee against its 28 employees. 29 3. If a state professional employer fails to pay the fee assessed 30 pursuant to subsection 1 on or before July 1 of that year, the 31 Board shall impose a civil penalty not to exceed $10 for each 32 professional employee employed by the state professional employer 33 for whom the fee was not paid. 34 4. A state professional employer may not receive a reduction 35 in the amount of the fee imposed pursuant to subsection 1 or a 36 refund of that amount if a professional employee is not employed 37 for a full calendar year. The fee must be imposed whether or not 38 the professional employee is a member of a professional 39 organization. 40 5. To carry out the provisions of this section, the Board may, 41 by any reasonable means, verify the identities and number of 42 professional employees employed by a state professional employer 43 in bargaining units that have an exclusive representative. 44 – 29 – - *AB224_R2* Sec. 51. 1. Except as otherwise provided in subsection 5, a 1 state professional employer may use the services of the Division of 2 Human Resource Management of the Department of 3 Administration to provide support to the state professional 4 employer to carry out the provisions of sections 6 to 52, inclusive, 5 of this act. 6 2. If a state professional employer uses the services of the 7 Division of Human Resource Management pursuant to subsection 8 1, the Division may charge an annual fee to the state professional 9 employer for each professional employee who is within a 10 bargaining unit with a designated exclusive representative. The 11 state professional employer shall pay the annual fee to the 12 Division on or before the date on which the payment is due, as 13 specified by the Division. The Division may specify a different due 14 date for the annual fee for each state professional employer. 15 3. Any money received from the fees collected pursuant to 16 subsection 2 must be accounted for separately for each state 17 professional employer and may only be used by the Division of 18 Human Resource Management to provide support to the state 19 professional employer to carry out the provisions of sections 6 to 20 52, inclusive, of this act, including, without limitation, the 21 personnel and operating costs of the Division in providing such 22 support. 23 4. To carry out the provisions of this section, the Division of 24 Human Resource Management may verify by any reasonable 25 means the number of professional employees of the state 26 professional employer within bargaining units that are 27 represented by a professional organization as the exclusive 28 representative. 29 5. As the entity with the authority to fix salaries and establish 30 policies and procedures of the unclassified personnel of the 31 Nevada System of Higher Education pursuant to chapter 396 of 32 NRS, the Board of Regents of the University of Nevada shall carry 33 out the provisions of sections 6 to 52, inclusive, of this act, 34 including, without limitation: 35 (a) Conducting its own negotiations; and 36 (b) Providing for its own representation in any disciplinary 37 matter, investigation or grievance process, 38  pursuant to the provisions of sections 6 to 52, inclusive, of this 39 act. 40 Sec. 52. 1. A state professional employer may use the 41 services of the Attorney General to provide support to the state 42 professional employer to carry out the provisions of sections 6 to 43 52, inclusive, of this act. 44 – 30 – - *AB224_R2* 2. If a state professional employer uses the services of the 1 Attorney General pursuant to subsection 1, the Attorney General 2 may charge the state professional employer for those services 3 pursuant to NRS 228.113. 4 Sec. 53. NRS 288.015 is hereby amended to read as follows: 5 288.015 As used in this chapter, unless the context otherwise 6 requires, the words and terms defined in NRS 288.029 to 288.074, 7 inclusive, and sections 4 and 5 of this act have the meanings 8 ascribed to them in those sections. 9 Sec. 54. NRS 288.032 is hereby amended to read as follows: 10 288.032 “Collective bargaining” means a method of 11 determining conditions of employment by negotiation between 12 representatives of the Executive Department , state professional 13 employer or local government employer and an employee 14 organization , professional organization or labor organization, 15 entailing a mutual obligation of the Executive Department , state 16 professional employer or local government employer, as applicable, 17 and the representative of the state or local government employees to 18 meet at reasonable times and bargain in good faith with respect to: 19 1. Wages, hours and other terms and conditions of 20 employment; 21 2. The negotiation of an agreement; 22 3. The resolution of any question arising under a negotiated 23 agreement; or 24 4. The execution of a written contract incorporating any 25 agreement reached if requested by either party, 26  but this obligation does not compel either party to agree to a 27 proposal or require the making of a concession. 28 Sec. 55. NRS 288.065 is hereby amended to read as follows: 29 288.065 “Mediation” means assistance by an impartial third 30 party to reconcile differences between the Executive Department , a 31 state professional employer or a local government employer and an 32 exclusive representative through interpretation, suggestion and 33 advice. 34 Sec. 56. NRS 288.074 is hereby amended to read as follows: 35 288.074 “Strike” means any concerted: 36 1. Stoppage of work, slowdown or interruption of operations 37 by employees of the State of Nevada or local government 38 employees; 39 2. Absence from work by employees of the State of Nevada or 40 local government employees upon any pretext or excuse, such as 41 illness, which is not founded in fact; or 42 3. Interruption of the operations of the State of Nevada or any 43 local government employer by any employee organization , 44 professional organization or labor organization. 45 – 31 – - *AB224_R2* Sec. 57. NRS 288.080 is hereby amended to read as follows: 1 288.080 1. The Government Employee-Management 2 Relations Board is hereby created, consisting of five members, 3 broadly representative of the public and not closely allied with any 4 employee organization, any professional organization, any labor 5 organization, the Executive Department , any state professional 6 employer or any local government employer. 7 2. Not more than three of the members of the Board may be 8 members of the same political party, and at least three of the 9 members must reside in southern Nevada. The term of office of each 10 member is 4 years. 11 3. The Governor shall appoint the members of the Board. 12 Sec. 58. NRS 288.090 is hereby amended to read as follows: 13 288.090 1. The members of the Board shall annually elect 14 one of their number as Chair and one as Vice Chair. Except as 15 otherwise provided in this section, any three members of the Board 16 constitute a quorum, and a majority of a quorum present at any 17 meeting may exercise all the power and authority conferred on the 18 Board. 19 2. Except by a majority vote of the entire membership of the 20 Board, the Board may not: 21 (a) Elect a Chair or Vice Chair; 22 (b) Appoint the Commissioner or Secretary of the Board, or 23 terminate the employment of the Commissioner or Secretary; 24 (c) Adjust the fee charged to local government employers 25 pursuant to NRS 288.139 or impose a civil penalty for failure to pay 26 the fee; 27 (d) Make or adopt any rule or regulation; [or] 28 (e) Grant permission to a state professional employer to 29 withdraw recognition from a professional organization pursuant 30 to section 19 of this act; or 31 (f) Grant permission to a local government employer to 32 withdraw recognition from an employee organization or order an 33 election pursuant to NRS 288.160. 34 3. Whenever less than five members of the Board are present at 35 any meeting, not more than two of the members present may be 36 members of the same political party. 37 4. The Board may, within the limits of legislative 38 appropriations and any other available money: 39 (a) Appoint a Commissioner and a Secretary, who are in the 40 unclassified service of the State; and 41 (b) Employ such additional clerical personnel as may be 42 necessary, who are in the classified service of the State. 43 Sec. 59. NRS 288.110 is hereby amended to read as follows: 44 288.110 1. The Board may make rules governing: 45 – 32 – - *AB224_R2* (a) Proceedings before it; 1 (b) Procedures for fact-finding [;] , mediation and arbitration; 2 (c) The recognition, as defined in section 14 of this act, of 3 professional organizations; 4 (d) The recognition, as defined in NRS 288.136, of employee 5 organizations; 6 [(d)] (e) The designation of the exclusive representative, as 7 defined in section 10 of this act, of a bargaining unit of 8 professional employees in accordance with sections 27 to 31, 9 inclusive, of this act; 10 (f) The designation of the exclusive representative , as defined 11 in NRS 288.430, of a bargaining unit in accordance with the 12 provisions of NRS 288.520, 288.525 and 288.530; and 13 [(e)] (g) The determination of bargaining units. 14 2. The Board may hear and determine any complaint arising 15 out of the interpretation of, or performance under, the provisions of 16 this chapter by the Executive Department, any state professional 17 employer, any local government employer, any employee, as 18 defined in NRS 288.425, any professional employee, as defined in 19 section 13 of this act, any local government employee, any 20 employee organization , any professional organization or any labor 21 organization. Except as otherwise provided in this subsection and 22 NRS 288.115, 288.280 and 288.625 [,] and section 48 of this act, 23 the Board shall conduct a hearing within 180 days after it decides to 24 hear a complaint. If a complaint alleges a violation of paragraph (a) 25 of subsection 1 of NRS 288.620 , [or] paragraph (b) of subsection 2 26 of NRS 288.620, subsection 1 of section 47 of this act or 27 paragraph (b) of subsection 2 of section 47 of this act, the Board 28 shall conduct a hearing not later than 45 days after it decides to hear 29 the complaint, unless the parties agree to waive this requirement. 30 The Board, after a hearing, if it finds that the complaint is well 31 taken, may order any person or entity to refrain from the action 32 complained of or to restore to the party aggrieved any benefit of 33 which the party has been deprived by that action. Except when an 34 expedited hearing is conducted pursuant to NRS 288.115, the Board 35 shall issue its decision within 120 days after the hearing on the 36 complaint is completed. 37 3. Any party aggrieved by the failure of any person to obey an 38 order of the Board issued pursuant to subsection 2, or the Board at 39 the request of such a party, may apply to a court of competent 40 jurisdiction for a prohibitory or mandatory injunction to enforce the 41 order. 42 4. The Board may not consider any complaint or appeal filed 43 more than 6 months after the occurrence which is the subject of the 44 complaint or appeal. 45 – 33 – - *AB224_R2* 5. The Board may decide without a hearing a contested matter: 1 (a) In which all of the legal issues have been previously decided 2 by the Board, if it adopts its previous decision or decisions as 3 precedent; or 4 (b) Upon agreement of all the parties. 5 6. The Board may award reasonable costs, which may include 6 attorneys’ fees, to the prevailing party. 7 7. As used in this section [, “bargaining unit”] : 8 (a) “Arbitration” has the meaning ascribed to it in NRS 9 288.410 or section 7 of this act, as applicable. 10 (b) “Bargaining unit” has the meaning ascribed to it in NRS 11 288.134 or 288.415 [.] or section 8 of this act, as applicable. 12 Sec. 60. NRS 288.710 is hereby amended to read as follows: 13 288.710 1. If a strike is commenced or continued in violation 14 of an order issued pursuant to NRS 288.705, the court may: 15 (a) Punish each employee organization , professional 16 organization or labor organization guilty of such violation by a fine 17 of not more than $50,000 against each employee organization , 18 professional organization or labor organization for each day of 19 continued violation. 20 (b) Punish any officer of an employee organization , 21 professional organization or labor organization who is wholly or 22 partly responsible for such violation by a fine of not more than 23 $1,000 for each day of continued violation, or by imprisonment as 24 provided in NRS 22.110. 25 (c) Punish any employee of the State or of a local government 26 employer who participates in such strike by ordering the dismissal 27 or suspension of such employee. 28 2. Any of the penalties enumerated in subsection 1 may be 29 applied alternatively or cumulatively, in the discretion of the court. 30 Sec. 61. NRS 218D.175 is hereby amended to read as follows: 31 218D.175 1. Except as otherwise provided in subsection 2, 32 for a regular session, the Governor or the Governor’s designated 33 representative may request the drafting of not more than 110 34 legislative measures which have been approved by the Governor or 35 the Governor’s designated representative on behalf of the officers, 36 agencies, boards, commissions, departments and other units of the 37 Executive Department. The requests must be submitted to the 38 Legislative Counsel on or before August 1 preceding the regular 39 session. 40 2. The Governor or the Governor’s designated representative 41 may request at any time before or during a regular session, without 42 limitation, the drafting of as many legislative measures as are 43 necessary to carry out the provisions of NRS 288.400 to 288.630, 44 inclusive [.] , or sections 6 to 52, inclusive, of this act. 45 – 34 – - *AB224_R2* 3. The Director of the Office of Finance may request on or 1 before the 19th day of a regular session, without limitation, the 2 drafting of as many legislative measures as are necessary to 3 implement the budget proposed by the Governor and to provide for 4 the fiscal management of the State. In addition to the requests 5 otherwise authorized pursuant to this section, the Governor may 6 request the drafting of not more than 5 legislative measures on or 7 before the 19th day of a regular session to propose the Governor’s 8 legislative agenda. 9 4. For a regular session, the following constitutional officers 10 may request, without the approval of the Governor or the 11 Governor’s designated representative, the drafting of not more than 12 the following numbers of legislative measures, which must be 13 submitted to the Legislative Counsel on or before September 1 14 preceding the regular session: 15 16 Lieutenant Governor ............................................................... 3 17 Secretary of State .................................................................... 6 18 State Treasurer ........................................................................ 5 19 State Controller ....................................................................... 5 20 Attorney General .................................................................. 20 21 22 5. In addition to the requests authorized by subsection 4, the 23 Secretary of State may request, without the approval of the 24 Governor or the Governor’s designated representative, the drafting 25 of not more than 2 legislative measures, which must be submitted to 26 the Legislative Counsel on or before December 31 preceding the 27 regular session. 28 6. Each request made pursuant to this section must be on a 29 form prescribed by the Legislative Counsel. The legislative 30 measures requested pursuant to subsections 1 and 4 must be prefiled 31 on or before the third Wednesday in November preceding the 32 regular session. A legislative measure that is not prefiled on or 33 before that day shall be deemed withdrawn. 34 Sec. 62. NRS 239.010 is hereby amended to read as follows: 35 239.010 1. Except as otherwise provided in this section and 36 NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 37 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 38 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 39 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 40 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 41 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 42 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 43 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 44 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 45 – 35 – - *AB224_R2* 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 1 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 2 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 3 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 4 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 5 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 6 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 7 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 8 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 9 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 10 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 11 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 12 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 13 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 14 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 15 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 16 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 17 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 18 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 19 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 20 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 21 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 22 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 23 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 24 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 25 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 26 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 27 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 28 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 29 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 30 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 31 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 32 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 33 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 34 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 35 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 36 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 37 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 38 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 39 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 40 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 41 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 42 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 43 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 44 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 45 – 36 – - *AB224_R2* 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 1 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 2 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 3 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 4 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 5 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 6 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 7 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 8 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 9 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 10 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 11 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 12 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 13 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 14 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 15 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 16 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 17 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 18 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 19 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 20 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 21 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 22 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 23 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 24 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 25 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 26 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 27 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 28 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 29 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 30 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 31 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 32 711.600, and sections 29 and 46 of this act, sections 35, 38 and 41 33 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 34 391, Statutes of Nevada 2013 and unless otherwise declared by law 35 to be confidential, all public books and public records of a 36 governmental entity must be open at all times during office hours to 37 inspection by any person, and may be fully copied or an abstract or 38 memorandum may be prepared from those public books and public 39 records. Any such copies, abstracts or memoranda may be used to 40 supply the general public with copies, abstracts or memoranda of the 41 records or may be used in any other way to the advantage of the 42 governmental entity or of the general public. This section does not 43 supersede or in any manner affect the federal laws governing 44 copyrights or enlarge, diminish or affect in any other manner the 45 – 37 – - *AB224_R2* rights of a person in any written book or record which is 1 copyrighted pursuant to federal law. 2 2. A governmental entity may not reject a book or record 3 which is copyrighted solely because it is copyrighted. 4 3. A governmental entity that has legal custody or control of a 5 public book or record shall not deny a request made pursuant to 6 subsection 1 to inspect or copy or receive a copy of a public book or 7 record on the basis that the requested public book or record contains 8 information that is confidential if the governmental entity can 9 redact, delete, conceal or separate, including, without limitation, 10 electronically, the confidential information from the information 11 included in the public book or record that is not otherwise 12 confidential. 13 4. If requested, a governmental entity shall provide a copy of a 14 public record in an electronic format by means of an electronic 15 medium. Nothing in this subsection requires a governmental entity 16 to provide a copy of a public record in an electronic format or by 17 means of an electronic medium if: 18 (a) The public record: 19 (1) Was not created or prepared in an electronic format; and 20 (2) Is not available in an electronic format; or 21 (b) Providing the public record in an electronic format or by 22 means of an electronic medium would: 23 (1) Give access to proprietary software; or 24 (2) Require the production of information that is confidential 25 and that cannot be redacted, deleted, concealed or separated from 26 information that is not otherwise confidential. 27 5. An officer, employee or agent of a governmental entity who 28 has legal custody or control of a public record: 29 (a) Shall not refuse to provide a copy of that public record in the 30 medium that is requested because the officer, employee or agent has 31 already prepared or would prefer to provide the copy in a different 32 medium. 33 (b) Except as otherwise provided in NRS 239.030, shall, upon 34 request, prepare the copy of the public record and shall not require 35 the person who has requested the copy to prepare the copy himself 36 or herself. 37 Sec. 63. NRS 241.016 is hereby amended to read as follows: 38 241.016 1. The meetings of a public body that are quasi- 39 judicial in nature are subject to the provisions of this chapter. 40 2. The following are exempt from the requirements of this 41 chapter: 42 (a) The Legislature of the State of Nevada. 43 (b) Judicial proceedings, including, without limitation, 44 proceedings before the Commission on Judicial Selection and, 45 – 38 – - *AB224_R2* except as otherwise provided in NRS 1.4687, the Commission on 1 Judicial Discipline. 2 (c) Meetings of the State Board of Parole Commissioners when 3 acting to grant, deny, continue or revoke the parole of a prisoner or 4 to establish or modify the terms of the parole of a prisoner. 5 3. Any provision of law, including, without limitation, NRS 6 91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 7 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 8 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 9 315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 10 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 11 392.4671, 394.1699, 396.1415, 396.3295, 414.270, 422.405, 12 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 13 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 14 696B.550, 703.196 and 706.1725 [,] and section 46 of this act, 15 which: 16 (a) Provides that any meeting, hearing or other proceeding is not 17 subject to the provisions of this chapter; or 18 (b) Otherwise authorizes or requires a closed meeting, hearing 19 or proceeding, 20  prevails over the general provisions of this chapter. 21 4. The exceptions provided to this chapter, and electronic 22 communication, must not be used to circumvent the spirit or letter of 23 this chapter to deliberate or act, outside of an open and public 24 meeting, upon a matter over which the public body has supervision, 25 control, jurisdiction or advisory powers. 26 Sec. 64. NRS 396.251 is hereby amended to read as follows: 27 396.251 1. The Board of Regents may establish policies and 28 procedures for personnel which govern student employees, 29 physicians engaged in a program for residency training and 30 postdoctoral fellows of the System and which are separate from the 31 policies and procedures established for the unclassified personnel of 32 the System. Any such policy or procedure does not diminish the 33 eligibility of those persons for coverage as employees under the 34 provisions of chapters 616A to 616D, inclusive, or chapter 617 of 35 NRS. 36 2. Except as otherwise provided in sections 6 to 52, inclusive, 37 of this act: 38 (a) In establishing policies and procedures pursuant to 39 subsection 1, the Board of Regents is not bound by any of the other 40 provisions of this chapter or the provisions of title 23 of NRS. 41 [Those] 42 (b) The provisions of this chapter and the provisions of title 23 43 of NRS do not apply to a student employee, a physician engaged in 44 – 39 – - *AB224_R2* a program for residency training or a postdoctoral fellow of the 1 System unless otherwise provided by the Board of Regents. 2 3. In the event of a conflict between the policies and 3 procedures established pursuant to subsection 1 and the provisions 4 of a collective bargaining agreement entered into pursuant to 5 sections 6 to 52, inclusive, of this act, the provisions of the 6 agreement prevail. 7 Sec. 65. NRS 396.280 is hereby amended to read as follows: 8 396.280 The Board of Regents shall have [the] : 9 1. The power to fix the salaries of the academic staff of the 10 System. 11 2. The authority to conduct collective bargaining negotiations 12 and to enter into collective bargaining agreements with the 13 professional employees of the System pursuant to sections 6 to 52, 14 inclusive, of this act to establish the terms and conditions of 15 employment of the academic staff and other professional 16 employees of the System. As used in this subsection, “professional 17 employee” has the meaning ascribed to it in section 13 of this act. 18 Sec. 65.3. 1. There is hereby appropriated from the State 19 General Fund to the Interim Finance Committee for allocation to the 20 Nevada System of Higher Education for personnel and operating 21 expenses associated with the changes relating to collective 22 bargaining in this act the following sums: 23 For the Fiscal Year 2023-2024 .................................. $600,671 24 For the Fiscal Year 2024-2025 ............................... $1,290,630 25 2. Any balance of the sums appropriated by subsection 1 26 remaining at the end of the respective fiscal years must not be 27 committed for expenditure after June 30 of the respective fiscal 28 years by the entity to which the appropriation is made or any entity 29 to which money from the appropriation is granted or otherwise 30 transferred in any manner, and any portion of the appropriated 31 money remaining must not be spent for any purpose after 32 September 20, 2024, and September 19, 2025, respectively, by 33 either the entity to which the money was appropriated or the entity 34 to which the money was subsequently granted or transferred, and 35 must be reverted to the State General Fund on or before 36 September 20, 2024, and September 19, 2025, respectively. 37 Sec. 65.5. 1. There is hereby appropriated from the State 38 General Fund to the Interim Finance Committee for allocation to the 39 Office of the Attorney General for personnel, operating and 40 information services expenses associated with the changes relating 41 to collective bargaining in this act the following sums: 42 For the Fiscal Year 2023-2024 .................................. $181,380 43 For the Fiscal Year 2024-2025 .................................. $230,755 44 – 40 – - *AB224_R2* 2. Any balance of the sums appropriated by subsection 1 1 remaining at the end of the respective fiscal years must not be 2 committed for expenditure after June 30 of the respective fiscal 3 years by the entity to which the appropriation is made or any entity 4 to which money from the appropriation is granted or otherwise 5 transferred in any manner, and any portion of the appropriated 6 money remaining must not be spent for any purpose after 7 September 20, 2024, and September 19, 2025, respectively, by 8 either the entity to which the money was appropriated or the entity 9 to which the money was subsequently granted or transferred, and 10 must be reverted to the State General Fund on or before September 11 20, 2024, and September 19, 2025, respectively. 12 Sec. 66. 1. Except as otherwise provided in subsection 2, 13 insofar as they conflict with the provisions of such an agreement, 14 the amendatory provisions of this act do not apply during the current 15 term of any collective bargaining agreement entered into before 16 July 1, 2023, but do apply to any extension or renewal of such an 17 agreement and to any such agreement entered into on or after July 1, 18 2023. 19 2. If a collective bargaining agreement entered into before 20 July 1, 2023, has a provision authorizing the reopening of 21 negotiations, the amendatory provisions of this act do not apply to 22 the reopened negotiations of the provisions of that collective 23 bargaining agreement if a renegotiated collective bargaining 24 agreement is entered into before January 1, 2024. 25 3. If a state professional employer has established a bargaining 26 unit for any of its professional employees or has designated a 27 professional organization as the exclusive representative for a 28 bargaining unit as of July 1, 2023, such bargaining unit or exclusive 29 representative shall be deemed the bargaining unit or exclusive 30 representative representing the same professional employees on and 31 after July 1, 2023, until such time, if any, the bargaining unit or 32 exclusive representative is changed or modified in accordance with 33 the provisions of this act. 34 4. As used in this section: 35 (a) “Bargaining unit” has the meaning ascribed to it in section 8 36 of this act. 37 (b) “Exclusive representative” has the meaning ascribed to it in 38 section 10 of this act. 39 (c) “Professional employee” has the meaning ascribed to it in 40 section 13 of this act. 41 (d) “Professional organization” has the meaning ascribed to it in 42 section 4 of this act. 43 (e) “State professional employer” has the meaning ascribed to it 44 in section 5 of this act. 45 – 41 – - *AB224_R2* Sec. 67. This act becomes effective on July 1, 2023. 1 H