AB172A - Revises provisions governing collective bargaining for certain public employees. (BDR 23-700)

(Reprinted with amendments adopted on May 23, 2023) SECOND REPRINT A.B. 172 - *AB172_R2* ASSEMBLY BILL NO. 172–ASSEMBLYMEN ANDERSON, DURAN, CARTER; CONSIDINE AND THOMAS FEBRUARY 15, 2023 ____________ JOINT SPONSOR: SENATOR DALY ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing collective bargaining for certain public employees. (BDR 23-700) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to collective bargaining; requiring, with certain exceptions, each school district to semiannually provide each employee organization recognized by the school district certain information relating to each employee of the bargaining unit represented by the employee organization; requiring collective bargaining between the Executive Department of State Government and classified employees to include matters relating to parking and transportation; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires each employee organization recognized by a local 1 government employer, including, without limitation, a school district, in this State 2 to file a report with the Government Employee-Management Relations Board each 3 year containing certain information, including, without limitation, the total number 4 of persons in each bargaining unit represented by the employee organization. (NRS 5 288.165) Section 1 of this bill requires, with certain exception, that each school 6 district provide each employee organization recognized by the school district the 7 name, address, electronic mail address, telephone number, work contact 8 information and work location of each employee in the bargaining unit represented 9 by the employee organization at least on a semiannual basis, unless the school 10 district and an employee organization recognized by the school district agree 11 otherwise. Section 1 further provides that if a school district employee notifies his 12 or her employer in writing that he or she does not want the employer to provide his 13 – 2 – - *AB172_R2* or her information to the employee organization, the school district must not 14 provide the information to the employee organization but must still provide the 15 information to the Government Employee-Management Relations Board when 16 requested by order of the Board. Section 1 also provides that information about any 17 school district employee provided to an employee organization or the Board is 18 confidential and is not a public record. Section 3 of this bill makes a conforming 19 change relating to making such information confidential and not a public record. 20 Existing law sets forth the requirements for collective bargaining between the 21 Executive Department of State Government and employee organizations that 22 represent classified employees, including the subjects of mandatory bargaining. 23 (NRS 288.500) Section 2.5 of this bill additionally requires such collective 24 bargaining to include matters relating to parking and transportation. 25 Section 2 of this bill makes a conforming change to indicate the proper 26 placement of section 1 in the Nevada Revised Statutes. 27 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 288 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Except as otherwise provided in this subsection and 3 subsection 3, at least twice each year, on or before January 1 and 4 July 1, each school district shall provide each employee 5 organization recognized by the school district the name, address, 6 electronic mail address, telephone number, work contact 7 information and work location of each school district employee of 8 the bargaining unit represented by the employee organization. A 9 school district and an employee organization may agree to provide 10 such information about school district employees at other times 11 that are in addition to or in place of January 1 and July 1 of each 12 year. 13 2. Except as otherwise provided in subsection 3, a school 14 district is required to provide an employee organization with the 15 information about a school district employee pursuant to 16 subsection 1 regardless of whether the employee has joined the 17 employee organization. 18 3. If a school district employee notifies the school district in 19 writing that he or she does not want the school district to provide 20 any of his or her information to the employee organization 21 recognized by the school district, the school district: 22 (a) Must not provide the information set forth in subsection 1 23 to the employee organization; and 24 (b) Must still provide the information set forth in subsection 1 25 to the Government Employee-Management Relations Board when 26 requested by the order of the Board. 27 4. Information about any school district employee that is 28 provided pursuant to this section to an employee organization or 29 – 3 – - *AB172_R2* the Government Employee-Management Relations Board is 1 confidential and is not a public record. 2 Sec. 2. NRS 288.131 is hereby amended to read as follows: 3 288.131 As used in NRS 288.131 to 288.280, inclusive, and 4 section 1 of this act, unless the context otherwise requires, the 5 words and terms defined in NRS 288.132 to 288.138, inclusive, 6 have the meanings ascribed to them in those sections. 7 Sec. 2.5. NRS 288.500 is hereby amended to read as follows: 8 288.500 1. For the purposes of collective bargaining, 9 supplemental bargaining and other mutual aid or protection, 10 employees have the right to: 11 (a) Organize, form, join and assist labor organizations, engage in 12 collective bargaining and supplemental bargaining through 13 exclusive representatives and engage in other concerted activities; 14 and 15 (b) Refrain from engaging in such activity. 16 2. Collective bargaining and supplemental bargaining entail a 17 mutual obligation of the Executive Department and an exclusive 18 representative to meet at reasonable times and to bargain in good 19 faith with respect to: 20 (a) The subjects of mandatory bargaining set forth in subsection 21 2 of NRS 288.150, except paragraph (f) of that subsection; 22 (b) Matters relating to parking and transportation; 23 (c) The negotiation of an agreement; 24 [(c)] (d) The resolution of any question arising under an 25 agreement; and 26 [(d)] (e) The execution of a written contract incorporating the 27 provisions of an agreement, if requested by either party. 28 3. The subject matters set forth in subsection 3 of NRS 288.150 29 are not within the scope of mandatory bargaining and are reserved to 30 the Executive Department without negotiation. 31 4. Notwithstanding the provisions of any collective bargaining 32 agreement negotiated pursuant to the provisions of NRS 288.400 to 33 288.630, inclusive, the Executive Department is entitled to take the 34 actions set forth in paragraph (b) of subsection 6 of NRS 288.150. 35 Any action taken under the provisions of this subsection must not be 36 construed as a failure to negotiate in good faith. 37 5. This section does not preclude, but the provisions of NRS 38 288.400 to 288.630, inclusive, do not require, the Executive 39 Department to negotiate subject matters set forth in subsection 3 40 which are outside the scope of mandatory bargaining. The Executive 41 Department shall discuss subject matters outside the scope of 42 mandatory bargaining but it is not required to negotiate those 43 matters. 44 – 4 – - *AB172_R2* 6. The Executive Department shall furnish to an exclusive 1 representative data that is maintained in the ordinary course of 2 business and which is relevant and necessary to the discussion of the 3 subjects of mandatory bargaining described in subsection 2. This 4 subsection shall not be construed to require the Executive 5 Department to furnish to the exclusive representative any advice or 6 training received by representatives of the Executive Department 7 concerning collective bargaining. 8 7. To the greatest extent practicable, any decision issued by the 9 Board before October 1, 2019, relating to the interpretation of, or 10 the performance under, the provisions of NRS 288.150 shall be 11 deemed to apply to any complaint arising out of the interpretation 12 of, or performance under, the provisions of this section. 13 Sec. 3. NRS 239.010 is hereby amended to read as follows: 14 239.010 1. Except as otherwise provided in this section and 15 NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 16 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 17 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 18 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 19 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 20 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 21 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 22 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 23 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 24 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 25 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 26 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 27 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 28 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 29 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 30 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 31 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 32 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 33 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 34 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 35 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 36 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 37 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 38 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 39 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 40 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 41 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 42 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 43 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 44 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 45 – 5 – - *AB172_R2* 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 1 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 2 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 3 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 4 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 5 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 6 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 7 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 8 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 9 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 10 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 11 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 12 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 13 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 14 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 15 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 16 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 17 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 18 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 19 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 20 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 21 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 22 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 23 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 24 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 25 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 26 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 27 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 28 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 29 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 30 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 31 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 32 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 33 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 34 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 35 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 36 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 37 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 38 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 39 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 40 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 41 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 42 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 43 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 44 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 45 – 6 – - *AB172_R2* 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 1 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 2 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 3 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 4 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 5 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 6 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 7 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 8 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 9 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 10 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 11 711.600, section 1 of this act, sections 35, 38 and 41 of chapter 478, 12 Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of 13 Nevada 2013 and unless otherwise declared by law to be 14 confidential, all publi [Text truncated for display. Full text available on LegiScan.]