SB211 - Revises provisions relating to collective bargaining for certain state employees. (BDR 23-563)

S.B. 211 - *SB211* SENATE BILL NO. 211–SENATOR STONE FEBRUARY 18, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to collective bargaining for certain state employees. (BDR 23-563) 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 public employees; authorizing, under certain circumstances, peace officers or firefighters in the Executive Department of State Government to collectively bargain for insurance benefits; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits collective bargaining between the Executive Department 1 of State Government and the exclusive representative of a bargaining unit for 2 insurance benefits. (NRS 288.500) This bill creates an exception to authorize the 3 Executive Department of State Government and the exclusive representative of a 4 bargaining unit that represents category I peace officers, category II peace officers, 5 category III peace officers, firefighters, supervisory employees who are category I 6 peace officers, supervisory employees who are category II peace officers, 7 supervisory employees who are category III peace officers or supervisory 8 employees who are firefighters to negotiate to leave the Public Employees’ Benefits 9 Program and obtain other life, accident or health insurance, or any combination 10 thereof. Existing law authorizes certain groups of state officers and employees to 11 leave the Program and obtain other life, accident or health insurance, or any 12 combination thereof, subject to the approval of the Board of the Public Employees’ 13 Benefits Program. (NRS 287.0479) If such peace officers and firefighters negotiate 14 to leave the Program, this bill exempts such an action from the requirement to 15 obtain the approval of the Board. 16 – 2 – - *SB211* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 288.500 is hereby amended to read as follows: 1 288.500 1. For the purposes of collective bargaining, 2 supplemental bargaining and other mutual aid or protection, 3 employees have the right to: 4 (a) Organize, form, join and assist labor organizations, engage in 5 collective bargaining and supplemental bargaining through 6 exclusive representatives and engage in other concerted activities; 7 and 8 (b) Refrain from engaging in such activity. 9 2. Collective bargaining and supplemental bargaining entail a 10 mutual obligation of the Executive Department and an exclusive 11 representative to meet at reasonable times and to bargain in good 12 faith with respect to: 13 (a) The subjects of mandatory bargaining set forth in subsection 14 2 of NRS 288.150, except paragraph (f) of that subsection; 15 (b) The negotiation of an agreement; 16 (c) The resolution of any question arising under an agreement; 17 and 18 (d) The execution of a written contract incorporating the 19 provisions of an agreement, if requested by either party. 20 3. Notwithstanding the provisions of paragraph (a) of 21 subsection 2, the Executive Department and the exclusive 22 representative of each bargaining unit established pursuant to 23 paragraphs (g), (h), (i) and (k) to (o), inclusive, of subsection 1 of 24 NRS 288.515 may negotiate for such employees to leave the Public 25 Employees’ Benefits Program and obtain other life, accident or 26 health insurance, or any combination thereof. The provisions of 27 NRS 287.0479 do not apply to a group of employees who negotiate 28 to leave the Public Employees’ Benefits Program pursuant to this 29 paragraph. 30 4. The subject matters set forth in subsection 3 of NRS 288.150 31 are not within the scope of mandatory bargaining and are reserved to 32 the Executive Department without negotiation. 33 [4.] 5. Notwithstanding the provisions of any collective 34 bargaining agreement negotiated pursuant to the provisions of NRS 35 288.400 to 288.630, inclusive, the Executive Department is entitled 36 to take the actions set forth in paragraph (b) of subsection 6 of NRS 37 288.150. Any action taken under the provisions of this subsection 38 must not be construed as a failure to negotiate in good faith. 39 [5.] 6. This section does not preclude, but the provisions of 40 NRS 288.400 to 288.630, inclusive, do not require, the Executive 41 Department to negotiate subject matters set forth in subsection [3] 4 42 – 3 – - *SB211* which are outside the scope of mandatory bargaining. The Executive 1 Department shall discuss subject matters outside the scope of 2 mandatory bargaining but it is not required to negotiate those 3 matters. 4 [6.] 7. The Executive Department shall furnish to an exclusive 5 representative data that is maintained in the ordinary course of 6 business and which is relevant and necessary to the discussion of the 7 subjects of mandatory bargaining described in subsection 2. This 8 subsection shall not be construed to require the Executive 9 Department to furnish to the exclusive representative any advice or 10 training received by representatives of the Executive Department 11 concerning collective bargaining. 12 [7.] 8. To the greatest extent practicable, any decision issued 13 by the Board before October 1, 2019, relating to the interpretation 14 of, or the performance under, the provisions of NRS 288.150 shall 15 be deemed to apply to any complaint arising out of the interpretation 16 of, or performance under, the provisions of this section. 17 H