AB224A - Revises provisions governing collective bargaining. (BDR 23-155)

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 [Text truncated for display. Full text available on LegiScan.]