Revises provisions relating to collective bargaining. (BDR 23-889)

EXEMPT
(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT A.B. 191

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ASSEMBLY BILL NO. 191–ASSEMBLYMEMBERS ANDERSON,
YEAGER, ROTH; BACKUS, BROWN-MAY, CARTER,
CONSIDINE, DALIA, D’SILVA, FLANAGAN, GONZÁLEZ,
GOULDING, HUNT, JACKSON, JAUREGUI, KARRIS,
LA RUE HATCH, MARZOLA, MILLER, MONROE-MORENO,
MOORE, MOSCA, NADEEM, NGUYEN, ORENTLICHER,
TORRES-FOSSETT AND WATTS

PREFILED FEBRUARY 3, 2025
____________

JOINT SPONSORS: SENATORS LANGE; CANNIZZARO,
CRUZ-CRAWFORD, DOÑATE, PAZINA AND TAYLOR
____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to collective bargaining.
(BDR 23-889)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to collective bargaining; authorizing collective
bargaining for certain state employees; providing for the
recognition of professional organizations; providing for the
establishment of bargaining units and the designation of
exclusive representatives; establishing certain rights for
professional organizations and professional employees;
establishing procedures for collective bargaining and for
making collective bargaining agreements; authorizing the
Government Employee-Management Relations Board to collect
certain fees; prohibiting certain practices relating to collective
bargaining; authorizing a state professional employer to use the
services of the Division of Human Resource Management of
the Department of Administration and the Attorney General for
certain purposes; authorizing the Board of Regents of the
University of Nevada to conduct collective bargaining
negotiations and enter into collective bargaining ag reements
with certain employees; providing a civil penalty; and providing
other matters properly relating thereto.

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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 t he 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 unclassifie d service of the State; or (2) 10
paid in accordance with any arrangement other than the pay plan for the classified 11
service of the State. 12
Sections 2, 56 and 58 of this bill expand the powers and duties of the 13
Government Employee -Management Relations Board t o 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 organi ze, form, join 18
and assist professional organizations and engage in collective bargaining activity or 19
refrain from engaging in such activity. Sections 1 and 21 of this bill authorize an 20
officer of a state professional employer to, upon written authorization by a 21
professional employee, withhold money from the salary or wages of the employee 22
to pay dues or fees to a professional organization. 23
Section 19 of this bill provides for the recognition of a professional 24
organization by a state professional employer. Sections 19 and 57 of this bill set 25
forth the conditions under which a state professional employer is authorized to 26
withdraw such recognition. Section 22 of this bill: (1) authorizes a recognized 27
professional organization to, with certain limitations, repr esent a professional 28
employee with respect to any condition of the employment of the employee; and (2) 29
provides that only an exclusive representative may engage in collective bargaining 30
on behalf of the professional employees of the applicable bargaining unit. 31
Section 23 of this bill authorizes, with certain conditions, a professional 32
employee to act for himself or herself with respect to conditions of his or her 33
employment. Section 20 of this bill establishes certain rights of professional 34
organizations. Section 24 of this bill requires a professional employee who could 35
be subject to certain adverse employment actions to be afforded the right to be 36
represented unless the professional employee waives, in writing, that right. 37
Section 25 of this bill provide s for the creation and organization of bargaining 38
units. Sections 26-30 of this bill set forth procedures for a professional organization 39
to be designated by the Board, either with or without an election, as an exclusive 40
representative of a bargaining unit . Sections 28 and 61 of this bill: (1) require the 41
Board to verify each showing of interest filed by a professional organization against 42
the employment records of the state professional employer; and (2) provide that a 43
showing of interest by a professional employee or a petition requesting an election 44
relating to exclusive representation submitted to the Board is confidential and not a 45
public record. 46
Section 31 of this bill requires each state professional employer that has 47
recognized one or more professio nal organizations and each professional 48
organization to file certain reports with the Board annually. 49
Section 32 of this bill sets forth certain subjects that constitute the scope of 50
mandatory bargaining. Section 33 of this bill requires negotiations bet ween an 51
exclusive representative and a state professional employer to commence not later 52
than 60 calendar days after one party gives notice to the other party. Section 34 of 53
this bill sets forth certain duties of an exclusive representative. Section 35 of this 54

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bill requires a state professional employer to designate a representative to engage in 55
collective bargaining with an exclusive representative. Section 35 further requires a 56
state professional employer to comply with reasonable requests to furnish cert ain 57
data to the exclusive representative. Section 38 of this bill authorizes a professional 58
organization to be represented by a licensed attorney in negotiations with a state 59
professional employer. 60
Sections 36, 37, 40 and 41 of this bill set forth various requirements and 61
limitations relating to the provisions of a collective bargaining agreement. Sections 62
63 and 64 of this bill provide that in the event of a conflict between certain policies 63
and procedures for personnel adop ted by the Board of Regents of the University of 64
Nevada and the provisions of a collective bargaining agreement, the provisions of 65
the collective bargaining agreement prevail. 66
Section 39 of this bill requires any new or modified collective bargaining 67
agreement between a state professional employer and an exclusive representative to 68
be: (1) submitted to the members of the professional organization for a ratification 69
vote; and (2) approved at a public hearing by, depending on the state professional 70
employer, either the State Board of Examiners or the Board of Regents. Sections 45 71
and 62 of this bill provide that certain meetings convened for the purpose of 72
collective bargaining and resolving disputes relating to collective bargaining are 73
exempt from the prov isions of existing law requiring open and public meetings of 74
public bodies. 75
Sections 42-44 of this bill provide for the mediation and arbitration of disputes 76
between state professional employers and exclusive representatives. 77
Section 46 of this bill prohibits certain practices in the context of collective 78
bargaining. Section 47 of this bill sets forth procedures to establish that a party has 79
committed such a prohibited practice. 80
Section 48 of this bill establishes certain provisions re lating to actions brought 81
by or against state professional employers or professional organizations. 82
Existing law requires the Government Employee -Management Relations Board 83
to annually assess a fee on local government employers and the Executive 84
Department for the support of the Board based on the number of employees 85
employed by the local government employer or the Executive Department in the 86
first pay period of the immediately preceding fiscal year. (NRS 288.139, 288.475) 87
Section 49 of this bill requires the Board to assess a similar fee on each state 88
professional employer based on the number of professional employees in a 89
bargaining unit that had an exclusive representative in the first pay period of the 90
immediately preceding fiscal year. 91
Sections 50 and 51 of this bill authorize: (1) a state professional employer to 92
use the services of the Division of Human Resource Management of the 93
Department of Administration and the Attorney General to provide support to the 94
state professional employer to carry out the provisions of sections 6-51 of this bill; 95
and (2) the Division of Human Resource Management and the Attorney General to 96
charge the state professional employer for any such services provided. 97
Section 60 of this bill authorizes the Governor to request t he drafting of as 98
many legislative measures as are necessary to carry out the provisions of sections 99
6-51. Sections 55 and 59 of this bill revise provisions of existing law prohibiting 100
strikes against the State or a local government employer by an employee 101
organization or labor organization for the purpose of also prohibiting strikes by a 102
professional organization. 103
Sections 4, 5 and 7-16 of this bill define certain words and terms applicable to 104
the provisions of this bill. Sections 53 and 54 of this bill revise certain definitions 105
relating to collective bargaining that are applicable to employee organizations and 106
labor organizations to also include professional organizations. Section 52 of this 107
bill makes the definitions in sections 4 and 5 apply to existi ng law relating to 108
collective bargaining. 109

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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 Syst em of Higher 112
Education. 113

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 281.129 is hereby amended to read as follows: 1
281.129 1. Any officer of the State, except the Legislative 2
Fiscal Officer, who disburses money in payment of salaries and 3
wages of officers and employees of the State: 4
(a) May, upon written requests of the officer or employee 5
specifying amounts, withhold those amounts and pay them to: 6
(1) Charitable organizations; 7
(2) Employee credit unions; 8
(3) Except as otherwise provided in paragraph (c), insurers; 9
(4) The United States for the purchase of savings bonds and 10
similar obligations of the United States; and 11
(5) Except as otherwise provided in NRS 288.545 [,] and 12
section 21 of this act, employee organizations , [and] labor 13
organizations [.] and professional organizations. 14
(b) May, in accordance with an agreement entered into pursuant 15
to NRS 701A.450 between the Director of the Office of Energy and 16
the officer or employee specifying amounts, withhold those amounts 17
and pay them to the Director of the Office of Energy for credit to the 18
Renewable Energy Account created by NRS 701A.450. 19
(c) Shall, upon receipt of information from the Public 20
Employees’ Benefits Program specifying amounts of pr emiums or 21
contributions for coverage by the Program, withhold those amounts 22
from the salaries or wages of officers and employees who 23
participate in the Program and pay those amounts to the Program. 24
2. The State Controller may adopt regulations necessary to 25
withhold money from the salaries or wages of officers and 26
employees of the Executive Department. 27
Sec. 2. NRS 281.755 is hereby amended to read as follows: 28
281.755 1. Except as otherwise provided in subsections 2 and 29
5, a public body shall provide an employee who is the mother of a 30
child under 1 year of age with: 31
(a) Reasonable break time, with or without compensation, for 32
the employee to express breast milk as needed; and 33
(b) A place, other than a bathroom, that is reasonably free from 34
dirt or pollution, protected from the view of others and free from 35
intrusion by others where the employee may express breast milk. 36

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2. If the public body determines that complying with the 1
provisions of subsection 1 will cause an undue hardship considering 2
the size, financial resources, nature and structure of the public body, 3
the public body may meet with the employee to agree upon a 4
reasonable alternative. If the parties are not a ble to reach an 5
agreement, the public body may require the employee to accept a 6
reasonable alternative selected by the public body and the employee 7
may appeal the decision by filing a complaint in the manner set 8
forth in subsection 4. 9
3. An officer or ag ent of a public body shall not retaliate, or 10
direct or encourage another person to retaliate, against an employee 11
of the public body because the employee has: 12
(a) Taken break time or used the space provided pursuant to 13
subsection 1 or 2 to express breast milk; or 14
(b) Taken any action to require the public body to comply with 15
the requirements of this section, including, without limitation, filing 16
a complaint, testifying, assisting or participating in any manner in an 17
investigation, proceeding or hearing to enforce the provisions of this 18
section. 19
4. An employee who is aggrieved by the failure of a public 20
body to comply with the provisions of this section may: 21
(a) If the employee is employed by the Executive Department of 22
State Government, is not an employee of an entity described in NRS 23
284.013 and is not an employee in a bargaining unit pursuant to 24
NRS 288.400 to 288.630, inclusive, or sections 6 to 51, inclusive, 25
of this act, file a complaint with the Employee -Management 26
Committee in accordance with the procedures provided pursuant to 27
NRS 284.384; 28
(b) If the employee is employed by the Legislative Department 29
of State Government, file a complaint with the Director of the 30
Legislative Counsel Bureau; 31
(c) If the employee is employed by the Judicial Departme nt of 32
State Government, file a complaint with the Court Administrator; 33
and 34
(d) If the employee is employed by a political subdivision of this 35
State or any public or quasi -public corporation organized under the 36
laws of this State or if the employee is empl oyed by the Executive 37
Department of State Government and is an employee in a bargaining 38
unit pursuant to NRS 288.400 to 288.630, inclusive, or sections 6 to 39
51, inclusive, of this act, file a complaint with the Government 40
Employee-Management Relations Boar d in the manner set forth in 41
NRS 288.115. 42
5. The requirements of this section do not apply to the 43
Department of Corrections. The Department is encouraged to 44
comply with the provisions of this section to the extent practicable. 45

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6. As used in this section, “public body” means: 1
(a) The State of Nevada, or any agency, instrumentality or 2
corporation thereof; 3
(b) The Nevada System of Higher Education; or 4
(c) Any political subdivision of this State or any public or quasi-5
public corporation organized under the laws of this State, including, 6
without limitation, counties, cities, unincorporated towns, school 7
districts, charter schools, hospital districts, irrigation districts and 8
other special districts. 9
Sec. 3. Chapter 288 of NRS is hereby amended by adding 10
thereto the provisions set forth as sections 4 to 51, inclusive, of this 11
act. 12
Sec. 4. “Professional organization” means an organization 13
of any kind that: 14
1. Has, as one of it s purposes, the improvement of the terms 15
and conditions of employment of professional employees, as 16
defined in section 13 of this act; and 17
2. Provides the service of representation to professional 18
employees, including, without limitation, in collective b argaining 19
with state professional employers. 20
Sec. 5. “State professional employer” means a board, 21
commission or similar body within the Executive Department, 22
including, without limitation, the Board of Regents of the 23
University of Nevada on behalf of the Nevada System of Higher 24
Education, that employs 400 or more professional employees as 25
defined in section 13 of this act. 26
Sec. 6. As used in sections 6 to 51, inclusive, of this act, 27
unless the context otherwise requires, the words and terms defined 28
in sections 7 to 16, inclusive, of this act have the meanings 29
ascribed to them in those sections. 30
Sec. 7. “Arbitration” means a pr ocess of dispute resolution 31
in which the parties involved in an impasse or grievance submit 32
their dispute to a third party for a final and binding decision. 33
Sec. 8. “Bargaining unit” means a group of professional 34
employees recognized by a state professional employer as having 35
sufficient community of interest for representation by a 36
professional organization for the purpose of collective bargaining. 37
Sec. 9. “Confidential employee” means an emp loyee who 38
provides administrative support to an employee who assists in the 39
formulation, determination and effectuation of managerial 40
personnel policies concerning collective bargaining. 41
Sec. 10. “Exclusive representative” means a professional 42
organization that, as a result of its designation as such by the 43
Board, has the exclusive right to: 44

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1. Represent all the professional employees within a 1
bargaining unit; and 2
2. Engage in collective bargaining with a state professio nal 3
employer pursuant to sections 6 to 51, inclusive, of this act 4
concerning wages, hours and other terms and conditions of 5
employment for those professional employees. 6
Sec. 11. “Grievance” means an act, omission or occurrence 7
that a professional employee or an exclusive representative 8
believes to be an injustice relating to any condition arising out of 9
the relationship between a state professional employer and a 10
professional employee, including, without limitation, w orking 11
hours, working conditions, membership in a professional 12
organization or the interpretation of any law, regulation or 13
agreement. 14
Sec. 12. 1. “Managerial employee” means an employee 15
whose primary function is to admini ster and control the business 16
of any state professional employer and who is vested with 17
discretion and independent judgment with regard to the general 18
conduct and control of the state professional employer. 19
2. The term includes, without limitation: 20
(a) A chief administrative officer, the chief administrative 21
officer’s deputy and immediate assistants, department heads 22
and their deputies and immediate assistants, appointed officials 23
and others who are primarily responsible for formulating and 24
administering management policies and programs; 25
(b) Administrators of an academic institution, including, 26
without limitation: 27
(1) Chancellors, presidents, provosts and deans; 28
(2) Vice, associate and assistant chancellors, presidents, 29
provosts and deans; and 30
(3) Other employees who are primarily responsible for 31
formulating and administering management policies and 32
programs; and 33
(c) Attorneys who serve a state professional employer or advise 34
other managerial employees. 35
3. With respect to professional employees of an academic 36
institution: 37
(a) A professional employee shall not be deemed a managerial 38
employee solely because the professional employee participates in 39
decisions with respect to courses, curriculum, personnel or other 40
matters of educational policy thro ugh shared governance 41
mechanisms or peer review. 42
(b) A chair or head of a department or similar academic unit 43
or program who performs the duties described in paragraph (a) 44
primarily on behalf of the members of the academic unit or 45

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program shall not be dee med a managerial employee solely 1
because of those duties. 2
Sec. 13. 1. “Professional employee” means a person who is 3
employed by a state professional employer and: 4
(a) Is in the unclassified service of the State; or 5
(b) Is paid in accordance with any arrangement other than the 6
pay plan for the classified service of the State. 7
2. The term does not include: 8
(a) A local government employee; 9
(b) A person who is employed in the classified service of the 10
State pursuant to chapter 284 of NRS; 11
(c) A person who is employed by the Nevada System of Higher 12
Education: 13
(1) In the classified service of the State; or 14
(2) Who is required to be paid in accordance with the pay 15
plan for the classified service of the State; 16
(d) A person who is a member of a bargaining unit established 17
pursuant to NRS 288.515; 18
(e) A person employed by the Public Employees’ Retirement 19
System who is required to be paid in accordance with the pay plan 20
for the classified service of the State; 21
(f) An elected official or any person appointed to fill a vacancy 22
in an elected office; 23
(g) A person who is employed in neither the classified nor the 24
unclassified service of the State pursuant to NRS 223.085; 25
(h) A person whose employment is the result of an 26
appointment by the Governor to a position which deems the person 27
to be a civil officer of the State pursuant to NRS 232A.030 or 28
616C.340; 29
(i) A managerial employee; 30
(j) A confidential employee; 31
(k) A temporary, intermittent, seasonal or part -time worker 32
who is employed by the state professional employer for less than 33
160 cumulative hours during any calendar year; 34
(l) A commissioned officer or an enlisted member of the 35
Nevada National Guard; or 36
(m) A person who is employed within the office of a statewide 37
elected constitutional officer. 38
Sec. 14. “Recognition” or “recognized” means the formal 39
acknowledgment by a state professional employer that a particular 40
professional organization has the right to represent professional 41
employees of the state professional employer. 42
Sec. 15. “Showing of interest” means written or electronic 43
documentation that provides evidence of the membership of a 44
professional employee in or his or her support for a profession al 45

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organization for the purpose of exclusive representation. The term 1
includes any electronic signature pursuant to chapter 719 of NRS. 2
Sec. 16. 1. “Supervisory employee” means a person who 3
does not have the responsibility for the general conduct and 4
control of a state professional employer, but who: 5
(a) Performs management duties, including, without 6
limitation: 7
(1) Establishing performance standards for subordinate 8
employees; 9
(2) Scheduling, assigning, overseeing or reviewing the work 10
of subordinate employees under established performance 11
standards; or 12
(3) Effectively recommending the performance of the duties 13
described in subparagraphs (1) and (2) and the manner in which 14
such duties are performed; or 15
(b) Has the authority to adjust grievances, apply established 16
personnel policies and procedures, enforce the provisions of a 17
collective bargaining agreement or effectively recommend such 18
action, 19
 if the exercise of the duties or authority described in paragraph 20
(a) or (b) is not of a merely routine or clerical nature but requires 21
the use of independent judgment and occupies a regular and 22
significant portion of the employee’s workday. 23
2. With respect to professional employees of an academic 24
institution: 25
(a) A profe ssional employee shall not be deemed to be a 26
supervisory employee solely because the professional employee 27
participates in decisions with respect to courses, curriculum, 28
personnel or other matters of educational policy through shared 29
governance mechanisms or peer review. 30
(b) A chair or head of a department or similar academic unit 31
or program who performs the duties described in paragraph (a) 32
primarily on behalf of the members of the academic unit or 33
program shall not be deemed a supervisory employee solely 34
because of those duties. 35
Sec. 17. 1. The Legislature hereby finds and declares that 36
there is a great need to: 37
(a) Promote harmonious and constructive relations between 38
state professional employers and their professional employees; 39
and 40
(b) Increase the efficiency of state professional employers. 41
2. It is therefore in the public interest that the Legislature 42
enact provisions: 43
(a) Granting certain professional employees the right to 44
associate with others in organizing a nd choosing exclusive 45

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representatives for the purpose of engaging in collective 1
bargaining; 2
(b) Requiring state professional employers to recognize 3
professional organizations and to negotiate wages, hours and 4
other terms and conditions of employment with exclusive 5
representatives and to enter into written agreements evidencing 6
the result of collective bargaining; and 7
(c) Establishing standards and procedures that protect the 8
rights of professional employees, state professional employers and 9
the people of the State. 10
3. The Legislature further finds and declares that: 11
(a) Joint decision making and consultation between 12
administration and faculty or academic professional employees is 13
a long -accepted manner of shared governance in institutions of 14
higher educ ation and is essential to the advancement of the 15
educational missions of those institutions; 16
(b) It is a purpose of sections 6 to 51, inclusive, of this act to 17
preserve and encourage the existing practice and mechanisms of 18
shared governance with respect to professional employees of 19
public institutions of higher education in this State; and 20
(c) The provisions of sections 6 to 51, inclusive, of this act are 21
not intended to restrict, limit or prohibit the full exercise of the 22
functions of faculty in any sha red governance mechanism or 23
practice, including, without limitation, the establishment and 24
function of faculty senates and the principle of peer review in the 25
appointment, retention and tenure of faculty in an institution of 26
higher education. 27
Sec. 18. 1. For the purposes of collective bargaining and 28
other mutual aid or protection, every professional employee has 29
the right to: 30
(a) Organize, form, join and assist professional organizations, 31
engage in collective bargaining th rough exclusive representatives 32
and engage in other concerted activities; and 33
(b) Refrain from engaging in such an activity. 34
2. A state professional employer shall not discriminate in any 35
way among its professional employees on account of membership 36
or nonmembership in a professional organization. 37
3. Professional employees have the right to communicate 38
with one another and with representatives of professional 39
organizations concerning organization, representation, issues in 40
the workplace, collective bar gaining and the business and 41
programs of a professional organization, including, without 42
limitation, communicating by means of electronic mail, text 43
messages and other electronic communications, telephone, paper 44
documents and other means of communications of the workplace 45

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subject to the reasonable regulations of a state professional 1
employer or such limitations as may be set forth in a collective 2
bargaining agreement. 3
Sec. 19. 1. A state professional employer shall recognize a 4
professional organization that presents to the state professional 5
employer: 6
(a) A copy of the bylaws, charter or constitution of 7
the professional organization, which demonstrates that the 8
organization has as one of its purposes the improvemen t of the 9
terms and conditions of employment of professional employees; 10
(b) A roster of its officers, if any, and representatives; and 11
(c) An identification of the professional employees that the 12
professional organization seeks to represent. 13
2. If a sta te professional employer first receives the written 14
permission of the Board, the state professional employer may 15
withdraw recognition from a professional organization that fails 16
to: 17
(a) Present a copy of each change in its bylaws, charter or 18
constitution, if any; or 19
(b) Give notice of any change in the roster of its officers and 20
representatives, if any. 21
Sec. 20. 1. Except as otherwise provided in subsection 2 22
and subject to such reasonable regulations as a state professio nal 23
employer may prescribe or such conditions and limitations as may 24
be set forth in a collective bargaining agreement, a professional 25
organization that has been recognized shall have the right to: 26
(a) At reasonable times, access areas in which profession al 27
employees work; 28
(b) Use bulletin boards, mailboxes, electronic mail and other 29
means of communication to communicate with professional 30
employees at their workplace; 31
(c) At reasonable times, use the facilities of a workplace for the 32
purpose of meetings concerned with the exercise of any rights 33
guaranteed under the provisions of sections 6 to 51, inclusive, of 34
this act; and 35
(d) Provide information to professional employees during the 36
orientation or on-boarding of new employees. 37
2. If a professional org anization has been designated as the 38
exclusive representative of a bargaining unit, no professional 39
organization other than the professional organization designated 40
as the exclusive representative may exercise the rights set forth in 41
subsection 1 with resp ect to professional employees in the 42
bargaining unit except to the extent that such access is otherwise 43
provided to the general public. 44

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Sec. 21. 1. Except as otherwise provided in subsection 4, an 1
officer of a state profes sional employer shall, upon written 2
authorization by a professional employee, withhold a sufficient 3
amount of money from the salary or wages of the employee 4
pursuant to NRS 281.129 to pay dues or similar fees to a 5
recognized professional organization. 6
2. If applicable, a written authorization provided pursuant to 7
subsection 1 must comply with the provisions of chapter 719 of 8
NRS. 9
3. Except as otherwise provided in this subsection, a written 10
authorization provided pursuant to subsection 1 is binding for the 11
period specified in the authorization. An authorization may be 12
revoked by the professional employee by notifying the professional 13
organization in accordance with the terms of the authorization. 14
The professional organization shall process a revocation of an 15
authorization in a timely manner. 16
4. If the Board designates a professional organization as the 17
exclusive representative of a bargaining unit pursuant to sections 18
6 to 51, inclusive, of this act, an officer of a state professional 19
employer shall no t, pursuant to NRS 281.129, withhold any 20
amount of money from the salary or wages of a professional 21
employee within the bargaining unit to pay dues or similar fees to 22
a professional organization other than the professional 23
organization that is the exclusiv e representative of the bargaining 24
unit. 25
Sec. 22. 1. Except as otherwise provided in this section, a 26
recognized professional organization may represent a professional 27
employee of a state professional employer that has reco gnized the 28
professional organization with respect to any condition of the 29
employment of the professional employee, including, without 30
limitation, representation in disciplinary proceedings and 31
investigations and proceedings for the adjustment of grievances , 32
regardless of whether the professional employee is a member of 33
the professional organization. 34
2. If a professional employee is in a bargaining unit that has 35
an exclusive representative, no professional organization other 36
than the professional organizat ion designated as the exclusive 37
representative for the bargaining unit may represent the 38
professional employee. 39
3. Only the professional organization which has been 40
designated by the Board as the exclusive representative of a 41
bargaining unit pursuant to sections 6 to 51, inclusive, of this act 42
may engage in collective bargaining on behalf of the professional 43
employees of that bargaining unit. 44

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Sec. 23. 1. Except as otherwise provided in this section, the 1
recognition of a professional organization or the designation of a 2
professional organization as an exclusive representative does not 3
preclude a professional employee from acting for himself or 4
herself with respect to any condition of his or her employment. 5
Such a professio nal employee has the right to present grievances 6
to a state professional employer at any time and to have those 7
grievances adjusted. 8
2. If a professional employee, acting for himself or herself, 9
presents a grievance to a state professional employer pursu ant to 10
subsection 1: 11
(a) Any action taken in the adjustment of a grievance must be 12
consistent with the terms of an applicable collective bargaining 13
agreement in effect, if any; and 14
(b) If the professional employee is in a bargaining unit that 15
has an excl usive representative, the exclusive representative must 16
be given an opportunity to be present at any meetings or hearings 17
related to the adjustment of the grievance and be provided a copy 18
of the adjustment of the grievance. 19
Sec. 24. 1. Subject to the conditions imposed by section 22 20
of this act and any other conditions and limitations as may be set 21
forth in a collective bargaining agreement, a professional 22
employee who: 23
(a) Is the subject of an internal administrative investigation 24
that could lead to dismissal, involuntary demotion, suspension, 25
reduction of pay, payment of restitution or other similar adverse 26
employment action against the professional employee; or 27
(b) During any questioning by a state professional empl oyer, 28
reasonably believes that the questioning could lead to the 29
consequences set forth in paragraph (a), 30
 must be afforded the right to have a lawyer or other 31
representative of the professional employee’s choosing present 32
with the professional employee u nless the professional employee 33
waives, in writing, his or her right to be represented. 34
2. A state professional employer must not retaliate in any way 35
against a professional employee for asserting his or her rights 36
under subsection 1. 37
Sec. 25. 1. Each state professional employer which has 38
recognized one or more professional organizations shall 39
determine, in consultation with the recognized organization or 40
organizations, which group or groups of its professional 41
employees constitute an appropriate bargaining unit or bargaining 42
units. The primary criterion for that determination must be the 43
community of interest among the employees concerned. Without 44
restricting the rights of the parties to make their determination 45

– 14 –

- *AB191_R1*
pursuant to this subsection, for the Nevada System of Higher 1
Education, there is a presumption that the contact, interests and 2
working conditions of: 3
(a) Except as otherwise provided in paragraph (b), 4
professional employees within an occupational group create a 5
sufficient community of interest for all employees in that 6
occupational group. 7
(b) Academic faculty members within a branch university, 8
college or other branch which has its own separate set of bylaws 9
governing the roles and responsibilities of academic fac ulty and 10
the practice of shared governance create a sufficient community 11
of interest among those faculty members. 12
2. Managerial employees must be excluded from any 13
bargaining unit. 14
3. Confidential employees must be excluded from any 15
bargaining unit but are entitled to participate in any plan to 16
provide benefits for a group that is administered by the bargaining 17
unit of which they would otherwise be a member. 18
4. A supervisory employee must not be a member of the same 19
bargaining unit as the professional employees under the 20
supervision of the supervisory employee. Any dispute between the 21
parties as to whether a professional employee is a supervisor must 22
be submitted to the Board. 23
5. A professional organization which is negotiating on behalf 24
of two or m ore bargaining units of the same state professional 25
employer may, by mutual consent, select members of each unit to 26
negotiate jointly on part or all subjects of bargaining set forth in 27
section 32 of this act on behalf of each other, even if one of the 28
units consists of supervisory employees and the other unit does 29
not. Any provision of a collective bargaining agreement which is 30
negotiated jointly pursuant to this subsection must be included in 31
the draft or modification of a collective bargaining agreement 32
which is submitted for a vote for ratification in accordance with 33
section 39 of this act but is not part of the agreement unless the 34
members of the professional organization within the relevant 35
bargaining unit ratify the provision in accordance with the 36
provisions of section 39 of this act. 37
6. If any professional organization is aggrieved by the 38
determination of a bargaining unit, it may appeal to the Board. 39
Subject to judicial review, the decision of the Board is binding 40
upon the state professional employer and any professional 41
organization involved. The Board shall apply the same criterion as 42
specified in subsection 1. 43
Sec. 26. If no professional organization is designated as the 44
exclusive representative of a bargain ing unit and a recognized 45

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- *AB191_R1*
professional organization files with the Board a showing of 1
interest for the professional organization by more than 50 percent 2
of the professional employees in a bargaining unit which is 3
verified by the Board pursuant to section 28 of this act, the Board 4
shall designate the professional organization as the exclusive 5
representative of the bargaining unit without ordering an election. 6
Sec. 27. 1. If no professional organization is designated as 7
the exclusive representative of a bargaining unit, the Board shall 8
order an election to be conducted within the bargaining unit if: 9
(a) A recognized professional organization files with the Board 10
a written request for an election which includes a showing of 11
interest for the professional organization by at least 30 percent but 12
not more than 50 percent of the professional employees within the 13
bargaining unit which is verified by the Board pursuant to section 14
28 of this act; and 15
(b) No other election to choose, c hange or discontinue 16
exclusive representation has been conducted within the 17
bargaining unit during the immediately preceding 12 months. 18
2. If the Board has designated a professional organization as 19
the exclusive representative of a bargaining unit follo wing an 20
election pursuant to subsection 1 or without an election pursuant 21
to section 26 of this act, the Board shall order an election: 22
(a) If: 23
(1) Another recognized professional organization files with 24
the Board a written request for an election which includes a 25
showing of interest for the professional organization by more than 26
50 percent of the professional employees within the bargaining 27
unit; or 28
(2) A group of professional employees within the 29
bargaining unit files with the Board a written request for an 30
election which includes a petition or other evidence showing that 31
more than 50 percent of the professional employees within the 32
bargaining unit have requested that an election be conducted to 33
change or discontinue exclusive representation; 34
(b) If applicable, the written request filed pursuant to 35
paragraph (a) is filed at least 225 calendar days but not more than 36
270 calendar days before the date on which the current collective 37
bargaining agreement in effect for the bargaining unit expires; 38
and 39
(c) If no other election to choose, change or discontinue 40
exclusive representation has been conducted within the 41
bargaining unit during the immediately preceding 12 months. 42
Sec. 28. 1. The Board shall verify each showing of interest 43
filed by a professional organization pursuant to section 26 or 27 of 44
this act and the identity of each professional employee identified in 45

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- *AB191_R1*
a written request filed by a group of professional employees 1
pursuant to subparagraph (2) of paragraph (a) of subsection 2 of 2
section 27 of this act by comparing the name of a professional 3
employee included in the showing of interest or written request, as 4
applicable, with the employment records of the state professiona l 5
employer. 6
2. A showing of interest filed by a professional organization 7
pursuant to section 26 or 27 of this act or a written request filed by 8
a group of professional employees pursuant to subparagraph (2) 9
of paragraph (a) of subsection 2 of section 27 of this act is 10
confidential and is not a public record. 11
3. The Board shall not disclose to any person the identity of 12
any professional employee who has participated in a showing of 13
interest filed by a professional organization pursuant to section 26 14
or 27 of this act or a written request filed by a group of 15
professional employees pursuant to subparagraph (2) of 16
paragraph (a) of subsection 2 of section 27 of this act. 17
Sec. 29. 1. If the Board orders an election within a 18
bargaining unit pursuant to section 27 or 30 of this act, the Board 19
shall order that each of the following be placed on the ballot for 20
the election: 21
(a) If applicable, a choice for the recognized professional 22
organization that requested the election pursua nt to section 27 of 23
this act; 24
(b) If applicable, a choice for the recognized professional 25
organization that is currently designated as the exclusive 26
representative of the bargaining unit; 27
(c) A choice for any other recognized professional 28
organization that, on or before the date that is prescribed by the 29
rules adopted by the Board pursuant to NRS 288.110 and section 30
30 of this act, files with the Board a written request to be placed on 31
the ballot for the election and includes with the written request a 32
showing of interest for that other professional organization by at 33
least 30 percent of the professional employees within the 34
bargaining unit; and 35
(d) A choice for “no exclusive representation.” 36
2. If a ballot for an election contains more than two choices 37
and none of the choices on the ballot receives a majority of the 38
votes cast at the initial election, the Board shall order a runoff 39
election between the two choices on the ballot that received the 40
highest number of votes at the initial election. 41
3. If the choice for “no exclusive representation” receives a 42
majority of the votes cast at the initial election or at any runoff 43
election, the Board shall designate the bargaining unit as being 44
without an exclusive representative. 45

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- *AB191_R1*
4. If a recognized professional organization receives a 1
majority of the votes cast at the initial election or at any runoff 2
election, the Board shall designate that professional organization 3
as the exclusive representative of the bargaining unit. 4
Sec. 30. 1. The Board shall preside over all elections that 5
are conducted pursuant to this section or section 27 or 29 of this 6
act and shall determine the eligibility requirements for 7
professional employees to vote in any such election. 8
2. An election conducted pursuant to this section or section 9
27 or 29 of this act must be conducted by secret ballot. The Board 10
may adopt rules prescribing the manner in which voting in such 11
an election may be conducted, which may include, without 12
limitation, voting in person, by mail or by secure electronic means. 13
3. A professional organization that is placed as a choice on 14
the ballot for an election or any professional employee who is 15
eligible to vote at an election may file with the Board a written 16
objection to the results of the election. The objection must be filed 17
not later than 10 business days after the date on which the notice 18
of the results of the election is given by the Board. 19
4. In response to a written objection filed pursuant to 20
subsection 3 or upon its own motion, the Board may invalidate the 21
results of an election and order a new election if the Board finds 22
that any conduct or circumstances raise substantial doubt that the 23
results of the election are reliable. 24
Sec. 31. 1. Each state professional employer that has 25
recognized one or more professional organizations shall, on or 26
before November 30 of each year, file with the Board: 27
(a) A list of each professional organization recognized by the 28
state professional employer; 29
(b) A list of each professional organization designated as the 30
exclusive representative for a bargaining unit within the state 31
professional employer; and 32
(c) A description of each bargaining unit within the state 33
professional employer. 34
2. Each professional organization recognized by a state 35
professional employer shall file a report with the Board on or 36
before November 30 of each year. The report must include: 37
(a) The full name of the professional organization; 38
(b) The name of each state professional employer which has 39
recognized the professional organization; 40
(c) The names of the officers of the professional organization; 41
(d) If applicable, the total number of professional employees in 42
each bargaining unit for which the professional organization has 43
been designated as the exclusive representative; 44

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- *AB191_R1*
(e) Copies of all changes to the bylaws, charter or constitution 1
of the professional organization that were adopted during the 2
preceding year; 3
(f) The name, address and telephone number of the person 4
designated by the professional organization to receive 5
communications from the Board on business relating to the 6
professional organization; and 7
(g) A copy of any collective bargaining agreement in effect 8
between the professional organization and a state professional 9
employer. 10
3. A professional organization which has not previously been 11
recognized by a state professional employ er shall file the report 12
required by subsection 2 not later than 30 calendar days after 13
recognition. 14
Sec. 32. 1. Collective bargaining entails a mutual 15
obligation between a state professional employer and an exclusive 16
representative to meet at reasonable times and to bargain in good 17
faith with respect to: 18
(a) The subjects of mandatory bargaining set forth in 19
subsection 2; 20
(b) The negotiation of an agreement; 21
(c) The resolution of any question arising under an 22
agreement; and 23
(d) The execution of a written contract incorporating the 24
provisions of an agreement. 25
2. The scope of mandatory bargaining is limited to: 26
(a) Salary or wage rates or other forms of compensation or 27
remuneration. 28
(b) Sick leave. 29
(c) Vacation leave. 30
(d) Holidays. 31
(e) Maternity or paternity leave and family medical leave. 32
(f) Other paid or nonpaid leaves of absence. 33
(g) Except as otherwise provided in subsection 3, insurance 34
and health care benefits provided by the state professional 35
employer. 36
(h) Total hours of work required of a professional employee on 37
each workday or workweek. 38
(i) Total number of days of work required of a professional 39
employee in a work year. 40
(j) Discharge and disciplinary procedures. 41
(k) Recognition clause. 42
(l) The method for determining the classification and titles of 43
professional employees in the bargaining unit. 44

– 19 –

- *AB191_R1*
(m) Deduction of dues for the recognized professional 1
organization. 2
(n) Protection of professional employees in the bargaining unit 3
from discrimination beca use of participation in recognized 4
professional organizations consistent with the provisions of 5
sections 6 to 51, inclusive, of this act. 6
(o) Grievance and arbitration procedures for resolution of 7
disputes relating to interpretation or application of coll ective 8
bargaining agreements. 9
(p) General savings clauses. 10
(q) Except as otherwise provided in section 37 of this act, the 11
duration of collective bargaining agreements. 12
(r) Safety of professional employees. 13
(s) Facilities for meeting with students for professional 14
employees who have teaching or advising responsibilities. 15
(t) Policies for the transfer and reassignment of professional 16
employees. 17
(u) Policies which prohibit: 18
(1) Discrimination on the actual or perceived race, color, 19
religion, national origin, ancestry, age, gender, physical or mental 20
disability, sexual orientation, gender identity or expression or 21
human immunodeficiency virus status of professional employees. 22
(2) Reprisal or retaliation by a state professional employer 23
against a state professional employee. 24
(v) Procedures for reduction in or addition to the workforce 25
consistent with the provisions of sections 6 to 51, inclusive, of this 26
act. 27
3. The following are not subject to negotiation pursuant to 28
this section: 29
(a) Pension or retirement benefits provided by the Public 30
Employees’ Retirement System pursuant to chapter 286 of NRS to 31
persons employed by this State, state agencies, as described in 32
subsection 2 of NRS 286.070, and the Public Employees’ 33
Retirement System. 34
(b) Benefits provided by the Public Employees’ Benefits 35
Program pursuant to NRS 287.0402 to 287.049, inclusive, to 36
persons employed by a participating state agency as defined in 37
NRS 287.04054. 38
(c) Provisions governing participation in the Public 39
Employees’ Defer red Compensation Program pursuant to NRS 40
287.250 to 287.370, inclusive. 41
4. The following are not subjects within the scope of 42
mandatory bargaining and are reserved to the state professional 43
employer without negotiation: 44

– 20 –

- *AB191_R1*
(a) Except as otherwise provided in paragraph (t) of subsection 1
2, the right to hire, direct, assign or transfer an employee. This 2
right does not include the right to assign or transfer an employee 3
as a form of discipline. 4
(b) The right to determine the quality and quantity of services 5
to be offered to the public. 6
(c) Safety of the public. 7
5. Notwithstanding the provisions of any collective 8
bargaining agreement negotiated pursuant to the provisions of 9
sections 6 to 51, inclusive, of this act, a state professional employer 10
is entitled t o take whatever actions may be necessary to carry out 11
its responsibilities during a state of emergency or declaration of 12
disaster proclaimed pursuant to NRS 414.070. Those actions may 13
include the suspension of any such collective bargaining 14
agreement or an y portion thereof for the duration of the 15
emergency or disaster to the extent necessary to carry out the 16
responsibilities of the state professional employer. Any action 17
taken under the provisions of this subsection must not be 18
construed as a failure to negotiate in good faith. 19
6. This section does not preclude, but the provisions of 20
sections 6 to 51, inclusive, of this act, do not require, a state 21
professional employer to negotiate subject matters outside of the 22
scope of mandatory bargaining or consult wi th any professional 23
employee or professional organization on any such matter. A state 24
professional employer shall discuss subject matters outside the 25
scope of mandatory bargaining but is not required to negotiate 26
those matters. 27
Sec. 33. 1. Whenever an exclusive representative or a state 28
professional employer desires to negotiate any matter which is 29
subject to negotiation pursuant to the provisions of sections 6 to 30
51, inclusive, of this act, it shall give written notice to the other 31
party. 32
2. The parties shall commence negotiations not later than 60 33
calendar days following the notification provided for in 34
subsection 1. 35
Sec. 34. 1. An exclusive representative shall: 36
(a) Act as the representative of all professional employees 37
within each bargaining unit that it represents; and 38
(b) In good faith and on behalf of each bargaining unit that it 39
represents, individually or collectively, bargain with a state 40
professional employer concernin g the wages, hours and other 41
terms and conditions of employment for the professional 42
employees within each bargaining unit that it represents. 43
2. A professional organization may serve as an exclusive 44
representative for multiple bargaining units. 45

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- *AB191_R1*
Sec. 35. 1. A state professional employer shall designate a 1
representative to conduct negotiations concerning collective 2
bargaining agreements on behalf of the state professional 3
employer. For the Nevada System of Higher Educatio n, where a 4
bargaining unit has been determined pursuant to section 25 of this 5
act and that bargaining unit is unique to an institution within the 6
System, a representative of that institution may be, but is not 7
required to be, designated as the representati ve to conduct 8
negotiations concerning collective bargaining agreements on 9
behalf of the Nevada System of Higher Education for that 10
institution. 11
2. A representative designated pursuant to subsection 1 shall, 12
on behalf of the state professional employer, n egotiate in good 13
faith with an exclusive representative concerning a collective 14
bargaining agreement, as required by section 32 of this act. 15
3. A state professional employer shall comply with reasonable 16
requests by an exclusive representative to furnish data that is 17
maintained in the ordinary course of business and which is 18
relevant and necessary to the discussion of the subjects of 19
mandatory bargaining described in section 32 of this act. This 20
subsection shall not be construed to require a state profess ional 21
employer to furnish to the exclusive representative any advice or 22
training received by representatives of the state professional 23
employer concerning collective bargaining. 24
Sec. 36. 1. Each collective bargaining agree ment 25
negotiated between a state professional employer and an exclusive 26
representative pursuant to sections 6 to 51, inclusive, of this act 27
must be in writing and must include, without limitation: 28
(a) A procedure to resolve grievances that applies to all 29
professional employees in the bargaining unit and culminates in 30
binding arbitration as the final stage of appeal by either party. 31
Such a procedure: 32
(1) Must be used to resolve all grievances relating to 33
employment, including, without limitation, the admin istration and 34
interpretation of the collective bargaining agreements, the 35
applicability of any law, rule or regulation relating to the 36
employment and appeal of discipline and other adverse personnel 37
actions; and 38
(2) May, for professional employees of aca demic 39
institutions, incorporate established shared governance 40
mechanisms, including, without limitation, oversight by a faculty 41
senate and peer review. 42
(b) A nonappropriation clause that provides that any provision 43
of the collective bargaining agreement w hich requires the 44
Legislature to appropriate money is effective only: 45

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- *AB191_R1*
(1) To the extent of the legislative appropriation; and 1
(2) Until the collective bargaining agreement is reopened 2
and the provision is renegotiated. 3
2. A professional employee in a bargaining unit who is 4
aggrieved by the failure of the state professional employer or its 5
designated representative to comply with the requirements of NRS 6
281.755 may pursue a grievance related to that failure through: 7
(a) The procedure provided in the a greement pursuant to 8
paragraph (a) of subsection 1; or 9
(b) The procedure prescribed by NRS 288.115, 10
 but once the professional employee has properly filed a 11
grievance in writing under the procedure described in paragraph 12
(a) or filed a complaint under the procedure described in 13
paragraph (b), the professional employee may not proceed in an 14
alternative manner. 15
3. If there is a conflict between any provision of a collective 16
bargaining agreement between a state professional employer and 17
an exclusive representative and: 18
(a) Any policy, procedure or regulation adopted by the state 19
professional employer, the provision of the agreement prevails 20
unless the provision of the agreement is outside the lawful scope 21
of collective bargaining. 22
(b) An existing statute, the provision of the agreement may not 23
be given effect unless the Legislature amends the existing sta tute 24
in such a way as to eliminate the conflict. 25
Sec. 37. If the parties to collective bargaining cannot agree 26
to a new collective bargaining agreement before the end of the 27
term of a collective bargaining agreement, the terms of the 28
existing collective bargaining agreement remain in effect until a 29
new collective bargaining agreement takes effect. 30
Sec. 38. Whenever a professional organization enters into 31
negotiations with a state profession al employer pursuant to 32
sections 6 to 51, inclusive, of this act, the professional 33
organization may, at the sole expense of the professional 34
organization, be represented by an attorney licensed to practice 35
law in this State. 36
Sec. 39. 1. The draft of any new collective bargaining 37
agreement or similar agreement or of any proposed modifications 38
to an existing collective bargaining agreement or similar 39
agreement between a state professional employer and an exclusive 40
representative must be submitted in writing by the professional 41
organization to the members of the organization within the 42
relevant bargaining unit before a vote on the ratification of the 43
agreement is taken. 44

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- *AB191_R1*
2. A vote on the ratification of a collective bargaining 1
agreement must be conducted in accordance with the internal 2
rules and procedures of the professional organization. 3
3. Any new or modified collective bargaining agreement or 4
similar agreement between a state professional employer and an 5
exclusive representative must be approved, at a public hearing, by: 6
(a) If the agreement concerns professional employees of the 7
Nevada System of Higher Education, the Board of Regents of the 8
University of Nevada; or 9
(b) If the agreement does not concern professional empl oyees 10
of the Nevada System of Higher Education, the State Board of 11
Examiners. 12
4. Not less than 3 business days before the date of the hearing 13
conducted pursuant to subsection 3, the Board of Regents of the 14
University of Nevada or the State Board of Exami ners, as 15
applicable, shall cause the following documents to be posted and 16
made available on the Internet website used by the Board of 17
Regents or the State Board of Examiners, as applicable, to provide 18
public notice of meetings: 19
(a) The proposed collective bargaining agreement and any 20
exhibits or other attachments to the proposed agreement; 21
(b) If the proposed collective bargaining agreement is a 22
modification of a previous agreement, a document showing any 23
language added to or deleted from the previous agreement; and 24
(c) Any supporting material prepared for the Board of Regents 25
or the State Board of Examiners, as applicable, relating to the 26
financial impact of the agreement. 27
Sec. 40. If a provision of a collective bargaining agreement: 28
1. Does not require an act of the Legislature to be given 29
effect, the provision becomes effective in accordance with the 30
terms of the agreement. 31
2. Requires an act of the Legislature to be given effect: 32
(a) The state professional employer shall request that the 33
Governor request the drafting of a legislative measure pursuant to 34
NRS 218D.175 to effectuate the provision; 35
(b) The Governor shall request the drafting of a legislative 36
measure pursuant to NRS 218D.175 to effectuate the provision; 37
and 38
(c) The provisions become effective, if at all, on the date on 39
which the act of the Legislature becomes effective. 40
Sec. 41. 1. If a provision of a collective bargaining 41
agreement requires the Legislature to appropria te money to 42
implement the provision: 43
(a) The state professional employer that is a party to the 44
agreement shall include the full amount necessary to fund the 45

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- *AB191_R1*
provision in the proposed budget of the state professional 1
employer submitted to the Chief of the Budget Division of the 2
Office of Finance pursuant to NRS 353.210. 3
(b) The Governor may include in the biennial proposed 4
executive budget of the State any amount of money the Governor 5
deems appropriate for the state professional employer. If such 6
amount is not sufficient to fully fund the provision of the collective 7
bargaining agreement, the Governor shall submit to the 8
Legislature and the state professional employer a statement setting 9
forth the reasons for not including the amount necessary to fully 10
fund the provision. 11
2. If the Legislature does not appropriate the amount of 12
money that is necessary to implement fully a provision of a 13
collective bargaining agreement, any such agreement may be 14
opened by either party to that agreement solely for the purpos e of 15
renegotiating the provision that was not fully funded by the 16
appropriation. All other terms and conditions of the collective 17
bargaining agreement remain in full force and effect. 18
Sec. 42. 1. Either party may request m ediation through the 19
Federal Mediation and Conciliation Service if the parties do not 20
reach a collective bargaining agreement: 21
(a) Not later than 120 calendar days after the date on which 22
the parties began negotiations; or 23
(b) On or before any later date set by the agreement of the 24
parties in writing. 25
2. The mediator shall bring the parties together as soon as 26
possible after his or her appointment and shall attempt to settle 27
each issue in dispute not later than 21 calendar days after his or 28
her appointm ent or any later date set by the agreement of the 29
parties. 30
Sec. 43. 1. If a mediator appointed pursuant to section 42 31
of this act determines that his or her services are no longer 32
helpful, or if the parties do not reach a collective bargaining 33
agreement through mediation within 21 calendar days after the 34
appointment of the mediator or on or before any later date set by 35
agreement of the parties, the mediator shall discontinue mediation 36
and the parties shall attempt to agree upon an impartial arbitrator. 37
2. If the parties do not agree upon an impartial arbitrator 38
within 5 business days after the date on which mediation is 39
discontinued pursuant to subsection 1 or on or before any later 40
date set by agreement of the parties, th e parties shall request from 41
the American Arbitration Association, unless both parties agree to 42
request such information from the Federal Mediation and 43
Conciliation Service, a list of seven potential arbitrators. Not later 44
than 5 business days after receip t of the list of arbitrators, the 45

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- *AB191_R1*
parties shall select an arbitrator from the list by alternately 1
striking one name until the name of only one arbitrator remains, 2
and the parties must accept that arbitrator to hear the dispute in 3
question. The professional organization shall strike the first name. 4
3. The arbitrator shall begin arbitration proceedings not later 5
than 15 calendar days after the appointment or any later date set 6
by agreement of the parties. 7
4. The arbitrator and the parties shall apply and follow the 8
procedures for arbitration that are prescribed by any rules adopted 9
by the Board pursuant to NRS 288.110. During arbitration, the 10
parties retain their respective duties to negotiate in good faith. 11
5. The arbitrator may administer oaths or aff irmations, take 12
testimony and issue and seek enforcement of a subpoena in the 13
same manner as the Board pursuant to NRS 288.120, and, except 14
as otherwise provided in subsection 7, the provisions of NRS 15
288.120 apply to any subpoena issued by the arbitrator. 16
6. The arbitrator shall render a decision not later than 15 17
calendar days after beginning arbitration proceedings or any later 18
date set by agreement of the parties. 19
7. The state professional employer and the exclusive 20
representative shall each pay one-half of the cost of arbitration. 21
Sec. 44. 1. For issues in dispute after arbitration 22
proceedings are held pursuant to section 43 of this act, the 23
arbitrator shall incorporate either the final offer of the state 24
professional employer or the final offer of the exclusive 25
representative into his or her decision. The decision of the 26
arbitrator must be limited to a selection of one of th e two final 27
offers of the parties. As incorporated in his or her decision, the 28
arbitrator shall not revise or amend the selected final offer of the 29
applicable party on any issue. 30
2. To determine which final offer to incorporate into his or 31
her decision, the arbitrator shall assess the reasonableness of: 32
(a) The position of each party as to each issue in dispute; and 33
(b) The proposed contractual terms and provisions contained 34
in each final offer. 35
3. In assessing reasonableness pursuant to subsection 2, the 36
arbitrator shall: 37
(a) Compare the salaries, wages, hours and other terms and 38
conditions of employment for the professional employees within 39
the bargaining unit with the salaries, wages, hours and other 40
terms and conditions of employment for other emp loyees 41
performing similar services and for other employees generally: 42
(1) In public employment in comparable communities or 43
institutions; and 44

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- *AB191_R1*
(2) In private employment in comparable communities or 1
institutions. 2
(b) Consider, without limitation: 3
(1) The financial ability of the state professional employer 4
to pay the costs associated with the proposed collective bargaining 5
agreement, with due regard for the primary obligation of the state 6
professional employer to safeguard the health, safety and welfar e 7
of the people of this State and to fulfill the mission of the state 8
professional employer; 9
(2) Any legal or contractual restrictions on funds based on 10
the sources of those funds, including, without limitation, 11
legislative appropriations, fees, gifts an d federal, state, local and 12
private grants and contracts; 13
(3) The average prices paid by consumers for goods, 14
services and housing in the geographic location where the 15
professional employees work; and 16
(4) Such other factors as are normally or tradition ally used 17
as part of collective bargaining, mediation, arbitration or other 18
methods of dispute resolution to determine the wages, hours and 19
other terms and conditions of employment for professional 20
employees in public or private employment. 21
4. The decision of the arbitrator is final and binding upon the 22
parties. 23
Sec. 45. The following proceedings, required by or conducted 24
pursuant to this chapter, are not subject to any provision of NRS 25
which requires a meeting to be open or public: 26
1. Any negotiation or informal discussion between a state 27
professional employer and a professional organization or 28
professional employees as individuals. 29
2. Any meeting of a mediator with either party or both parties 30
to a negotiation. 31
3. Any meeting or investigation conducted by a mediator or 32
arbitrator. 33
4. Any meeting of a state professional employer with its 34
management representative or representatives. 35
5. Deliberations of the Board toward a decision on a 36
complaint, appeal or petition for declaratory relief. 37
Sec. 46. 1. It is a prohibited practice for a state professional 38
employer or its designated representative to willfully: 39
(a) Interfere with, restrain or coerce any professional 40
employee in the exe rcise of any right guaranteed under the 41
provisions of sections 6 to 51, inclusive, of this act. 42
(b) Dominate, interfere or assist in the formation or 43
administration of any professional organization. 44

– 27 –

- *AB191_R1*
(c) Discriminate in regard to hiring, tenure or any ter m or 1
condition of employment to encourage or discourage membership 2
in any professional organization. 3
(d) Discharge or otherwise discriminate against any 4
professional employee because the professional employee has: 5
(1) Signed or filed an affidavit, petition or complaint or 6
given any information or testimony under this chapter; or 7
(2) Formed, joined or chosen to be represented by any 8
professional organization. 9
(e) Refuse to bargain collectively in good faith with an 10
exclusive representative as requ ired by sections 32, 34 and 35 of 11
this act. 12
(f) Deny to any professional organization the rights 13
guaranteed to it under sections 6 to 51, inclusive, of this act. 14
(g) Discriminate because of race, color, religion, sex, sexual 15
orientation, gender identity or expression, age, disability, national 16
origin or because of political or personal reasons or affiliations. 17
(h) Fail to provide the data required by subsection 3 of section 18
35 of this act. 19
(i) Fail to comply with the requirements of NRS 281.755. 20
2. It is a prohibited practice for a professional organization 21
or its designated agent to willfully: 22
(a) Interfere with, restrain or coerce any professional 23
employee in the exercise of any right guaranteed under the 24
provisions of sections 6 to 51, inclusive, of this act. 25
(b) If the professional organization is an exclusive 26
representative, refuse to bargain collectively in good faith with a 27
state professional employer, as required by sections 32, 34 and 35 28
of this act. 29
(c) Discriminate because of race, color, religion, sex, sexual 30
orientation, gender identity or expression, age, disability, national 31
origin or because of political or personal reasons or affiliations. 32
3. As used in this section: 33
(a) “Bargain collectively” includes the entire bargaining 34
process, including mediation and arbitration, as provided in 35
sections 6 to 51, inclusive, of this act. 36
(b) “Protective hairstyle” includes, without limitation, 37
hairstyles such as natural hairstyles, afros, bantu knots, curls, 38
braids, locks and twists. 39
(c) “Race” includes traits associated with race, including, 40
without limitation, hair texture and protective hairstyles. 41
Sec. 47. 1. To establish that a party committed a prohibited 42
practice in violation of section 46 of this act, t he party aggrieved 43
by the practice must file a complaint with the Board in accordance 44
with procedures prescribed by the Board. 45

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- *AB191_R1*
2. Except as otherwise provided in this section, the Board 1
shall hear a complaint filed pursuant to subsection 1 in 2
accordance with the provisions of NRS 288.110 and any rules 3
adopted by the Board pursuant to that section. 4
3. The Board shall conduct any hearing on the complaint in 5
accordance with: 6
(a) The provisions of chapter 233B of NRS that apply to a 7
contested case; and 8
(b) Any rules adopted by the Board pursuant to NRS 288.110. 9
4. If the Board finds at the hearing that the party accused in 10
the complaint has committed a prohibited practice, the Board: 11
(a) Shall order the party to cease and desist from engaging in 12
the prohibited practice; and 13
(b) May order any other affirmative relief that is necessary to 14
remedy the prohibited practice. 15
5. The Board or any party aggrieved by the failure of any 16
person to obey an order of the Board issued pursuant to 17
subsection 4 may apply to a court of competent jurisdiction for a 18
prohibitory or mandatory injunction to enforce the order. 19
6. Any order or decision issued by the Board pursuant to this 20
section concerning the merits of a complaint is a final decision in 21
a contested case and may be appealed pursuant to the provisions 22
of chapter 233B of NRS that apply to a contested case, except that 23
a party aggrieved by the order or decision of the Board must file a 24
petition for judicial review not later than 10 business days after 25
being served with the order or decision of the Board. 26
Sec. 48. 1. Except as otherwise provided by specific statute, 27
a professional organization and a state professional employer may 28
sue or be sued as an entity pursuant to section s 6 to 51, inclusive, 29
of this act. 30
2. If any action or proceeding is brought by or against a 31
professional organization pursuant to sections 6 to 51, inclusive, 32
of this act, the district court in and for the county in which the 33
professional organization m aintains its principal office or the 34
county in which the claim arose has jurisdiction over the claim. 35
3. A natural person and his or her assets are not subject to 36
liability for any judgment awarded pursuant to sections 6 to 51, 37
inclusive, of this act, ag ainst a state professional employer or a 38
professional organization. 39
Sec. 49. 1. On or before July 1 of each year, the Board 40
shall charge and collect a fee from each state professional 41
employer that has recognized one or more professional 42
organizations in an amount not to exceed $10 for each 43
professional employee who was, in the first pay period of the 44
immediately preceding fiscal year: 45

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- *AB191_R1*
(a) Employed by the state professional employer; and 1
(b) In a bargaining unit that had an exclusive representative. 2
2. A state professional employer shall pay the fee imposed 3
pursuant to subsection 1 on or before July 31 of each year. A state 4
professional employer shall not impose the fee against its 5
employees. 6
3. If a state professional employer fails to pay the fee assessed 7
pursuant to subsection 1 on or before July 31 of that year, the 8
Board shall impose a civil penalty not to exceed $10 for each 9
professional employee employed by the state professional employer 10
for whom the fee was not paid. 11
4. A state professional employer may not receive a reduction 12
in the amount of the fee imposed pursuant to subsection 1 or a 13
refund of that amount if a professional employee is not employed 14
for a full calendar year. The fee must be imposed whethe r or not 15
the professional employee is a member of a professional 16
organization. 17
5. To carry out the provisions of this section, the Board may, 18
by any reasonable means, verify the identities and number of 19
professional employees employed by a state professi onal employer 20
in bargaining units that have an exclusive representative. 21
Sec. 50. 1. Except as otherwise provided in subsection 5, a 22
state professional employer may use the services of the Division of 23
Human Resource Manage ment of the Department of 24
Administration to provide support to the state professional 25
employer to carry out the provisions of sections 6 to 51, inclusive, 26
of this act. 27
2. If a state professional employer uses the services of the 28
Division of Human Resource Management pursuant to subsection 29
1, the Division may charge an annual fee to the state professional 30
employer for each professional employee who is within a 31
bargaining unit with a designated exclusive representative. The 32
state professional employer shall pay the annual fee to the 33
Division on or before the date on which the payment is due, as 34
specified by the Division. The Division may specify a different due 35
date for the annual fee for each state professional employer. 36
3. Any money received from the fee s collected pursuant to 37
subsection 2 must be accounted for separately for each state 38
professional employer and may only be used by the Division of 39
Human Resource Management to provide support to the state 40
professional employer to carry out the provisions o f sections 6 to 41
51, inclusive, of this act, including, without limitation, the 42
personnel and operating costs of the Division in providing such 43
support. 44

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- *AB191_R1*
4. To carry out the provisions of this section, the Division of 1
Human Resource Management may verify b y any reasonable 2
means the number of professional employees of the state 3
professional employer within bargaining units that are 4
represented by a professional organization as the exclusive 5
representative. 6
5. As the entity with the authority to fix salarie s and establish 7
policies and procedures of the unclassified personnel of the 8
Nevada System of Higher Education pursuant to chapter 396 of 9
NRS, the Board of Regents of the University of Nevada shall carry 10
out the provisions of sections 6 to 51, inclusive, o f this act, 11
including, without limitation: 12
(a) Conducting its own negotiations; and 13
(b) Providing for its own representation in any disciplinary 14
matter, investigation or grievance process, 15
 pursuant to the provisions of sections 6 to 51, inclusive, of this 16
act. 17
Sec. 51. 1. A state professional employer may use the 18
services of the Attorney General to provide support to the state 19
professional employer to carry out the provisions of sections 6 to 20
51, inclusive, of this act. 21
2. If a state professional employer uses the services of the 22
Attorney General pursuant to subsection 1, the Attorney General 23
may charge the state professional employer for those services 24
pursuant to NRS 228.113. 25
Sec. 52. NRS 288.015 is hereby amended to read as follows: 26
288.015 As used in this chapter, unless the context otherwise 27
requires, the words and terms defined in NRS 288.029 to 288.074, 28
inclusive, and sections 4 and 5 of this act have the meanings 29
ascribed to them in those sections. 30
Sec. 53. NRS 288.032 is hereby amended to read as follows: 31
288.032 “Collective bargaining” means a method of 32
determining conditions of employment by negotiation between 33
representatives of the Executive Department , state professional 34
employer or local government employer and an employee 35
organization , professional organiz ation or labor organization, 36
entailing a mutual obligation of the Executive Department , state 37
professional employer or local government employer, as applicable, 38
and the representative of the state or local government employees to 39
meet at reasonable times and bargain in good faith with respect to: 40
1. Wages, hours and other terms and conditions of 41
employment; 42
2. The negotiation of an agreement; 43
3. The resolution of any question arising under a negotiated 44
agreement; or 45

– 31 –

- *AB191_R1*
4. The execution of a written co ntract incorporating any 1
agreement reached if requested by either party, 2
 but this obligation does not compel either party to agree to a 3
proposal or require the making of a concession. 4
Sec. 54. NRS 288.065 is hereby amended to read as follows: 5
288.065 “Mediation” means assistance by an impartial third 6
party to reconcile differences between the Executive Department , a 7
state professional employer or a local government employer and an 8
exclusive representative through interpretation, suggestion and 9
advice. 10
Sec. 55. NRS 288.074 is hereby amended to read as follows: 11
288.074 “Strike” means any concerted: 12
1. Stoppage of work, slowdown or interruption of operations 13
by employees of the Sta te of Nevada or local government 14
employees; 15
2. Absence from work by employees of the State of Nevada or 16
local government employees upon any pretext or excuse, such as 17
illness, which is not founded in fact; or 18
3. Interruption of the operations of the St ate of Nevada or any 19
local government employer by any employee organization , 20
professional organization or labor organization. 21
Sec. 56. NRS 288.080 is hereby amended to read as follows: 22
288.080 1. The Government Employee -Management 23
Relations Board is hereby created, consisting of five members, 24
broadly representative of the public and not closely allied with any 25
employee organization, any professional organization, any labor 26
organization, the Executive Department , any sta te professional 27
employer or any local government employer. 28
2. Not more than three of the members of the Board may be 29
members of the same political party, and at least three of the 30
members must reside in southern Nevada. The term of office of each 31
member is 4 years. 32
3. The Governor shall appoint the members of the Board. 33
Sec. 57. NRS 288.090 is hereby amended to read as follows: 34
288.090 1. The members of the Board shall annually elect 35
one of their number as Chair and one as Vice Chair. Except as 36
otherwise provided in this section, any three members of the Board 37
constitute a quorum, and a majority of a quorum present at any 38
meeting may exercise all the power and authority conferred on the 39
Board. 40
2. Except by a majorit y vote of the entire membership of the 41
Board, the Board may not: 42
(a) Elect a Chair or Vice Chair; 43
(b) Appoint the Commissioner or Secretary of the Board, or 44
terminate the employment of the Commissioner or Secretary; 45

– 32 –

- *AB191_R1*
(c) Adjust the fee charged to local g overnment employers 1
pursuant to NRS 288.139 or state professional employer pursuant 2
to section 49 of this act, or impose a civil penalty for failure to pay 3
the [fee;] fees; 4
(d) Make or adopt any rule or regulation; [or] 5
(e) Grant permission to a state professional employer to 6
withdraw recognition from a professional organization pursuant 7
to section 19 of this act; or 8
(f) Grant permission to a local government employer to 9
withdraw recognition from an employee organization or order an 10
election pursuant to NRS 288.160. 11
3. Whenever less than five members of the Board are present at 12
any meeting, not more than two of the members present may be 13
members of the same political party. 14
4. The Board may, within the limits of legislati ve 15
appropriations and any other available money: 16
(a) Appoint a Commissioner and a Secretary, who are in the 17
unclassified service of the State; and 18
(b) Employ such additional clerical personnel as may be 19
necessary, who are in the classified service of the State. 20
Sec. 58. NRS 288.110 is hereby amended to read as follows: 21
288.110 1. The Board may make rules governing: 22
(a) Proceedings before it; 23
(b) Procedures for fact-finding; 24
(c) Procedures for arbitration pursuant to sections 6 to 51, 25
inclusive, of this act; 26
(d) The recognition, as defined in section 14 of this act, of 27
professional organizations; 28
(e) The recognition, as defined in NRS 288.136, of employee 29
organizations; 30
[(d)] (f) The designation of the exclusive representative, as 31
defined in section 10 of this act, of a bargaining unit of 32
professional employees in accordance with sections 26 to 30, 33
inclusive, of this act; 34
(g) The designation of the exclusive representative , as de fined 35
in NRS 288.430, of a bargaining unit in accordance with the 36
provisions of NRS 288.520, 288.525 and 288.530; and 37
[(e)] (h) The determination of bargaining units. 38
2. The Board may hear and determine any complaint arising 39
out of the interpretation of, or performance under, the provisions of 40
this chapter by the Executive Department, any state professional 41
employer, any local government employer, any employee, as 42
defined in NRS 288.425, any professional employee, as defined in 43
section 13 of this act, any local government employee, any 44
employee organization , any professional organization or any labor 45

– 33 –

- *AB191_R1*
organization. Except as otherwise provided in this subsection and 1
NRS 288.115, 288.280 and 288.625 [,] and section 47 of this act, 2
the Board shall conduct a hearing within 180 days after it decides to 3
hear a complaint. If a complaint alleges a violation of paragraph (a) 4
of subsection 1 of NRS 288.620 , [or] paragraph (b) of subsection 2 5
of NRS 288.620, subsection 1 of section 46 of this act or 6
paragraph (b) of subsection 2 of section 46 of this act, the Board 7
shall conduct a hearing not later than 45 days after it decides to hear 8
the complaint, unless the parties agree to waive this requirement. 9
The Board, after a hearing, if it finds that the complaint is well 10
taken, may order any person or entity to refrain from the action 11
complained of or to restore to the party aggrieved any benefit of 12
which the party has been deprived by tha t action. Except when an 13
expedited hearing is conducted pursuant to NRS 288.115, the Board 14
shall issue its decision within 120 days after the hearing on the 15
complaint is completed. 16
3. Any party aggrieved by the failure of any person to obey an 17
order of t he Board issued pursuant to subsection 2, or the Board at 18
the request of such a party, may apply to a court of competent 19
jurisdiction for a prohibitory or mandatory injunction to enforce the 20
order. 21
4. The Board may not consider any complaint or appeal fi led 22
more than 6 months after the occurrence which is the subject of the 23
complaint or appeal. 24
5. The Board may decide without a hearing a contested matter: 25
(a) In which all of the legal issues have been previously decided 26
by the Board, if it adopts its p revious decision or decisions as 27
precedent; or 28
(b) Upon agreement of all the parties. 29
6. The Board may award reasonable costs, which may include 30
attorneys’ fees, to the prevailing party. 31
7. As used in this section [, “bargaining unit”] : 32
(a) “Arbitration” has the meaning ascribed to it in section 7 of 33
this act. 34
(b) “Bargaining unit” has the meaning ascribed to it in NRS 35
288.134 or 288.415 [.] or section 8 of this act, as applicable. 36
Sec. 59. NRS 288.710 is hereby amended to read as follows: 37
288.710 1. If a strike is commenced or continued in violation 38
of an order issued pursuant to NRS 288.705, the court may: 39
(a) Punish each employee organization , professional 40
organization or labor organization guilty of such violation by a fine 41
of not more than $50,000 against each employee organization , 42
professional organization or labor organization for each day of 43
continued violation. 44

– 34 –

- *AB191_R1*
(b) Punish any officer of an employee organization , 1
professional organization or labor organization who is wholly or 2
partly responsible for such violation by a fine of not more than 3
$1,000 for each day of continued violation, or by imprisonment as 4
provided in NRS 22.110. 5
(c) Punish any employee of the State or of a local governmen t 6
employer who participates in such strike by ordering the dismissal 7
or suspension of such employee. 8
2. Any of the penalties enumerated in subsection 1 may be 9
applied alternatively or cumulatively, in the discretion of the court. 10
Sec. 60. NRS 218D.175 is hereby amended to read as follows: 11
218D.175 1. Except as otherwise provided in subsection 2, 12
for a regular session, the Governor or the Governor’s designated 13
representative may request the drafting of not more than 110 14
legislative measures which have been approved by the Governor or 15
the Governor’s designated representative on behalf of the officers, 16
agencies, boards, commissions, departments and other units of the 17
Executive Department. The requests must be submitted to t he 18
Legislative Counsel on or before August 1 preceding the regular 19
session. 20
2. The Governor or the Governor’s designated representative 21
may request at any time before or during a regular session, without 22
limitation, the drafting of as many legislative me asures as are 23
necessary to carry out the provisions of NRS 288.400 to 288.630, 24
inclusive [.] , or sections 6 to 51, inclusive, of this act. 25
3. The Director of the Office of Finance may request on or 26
before the 19th day of a regular session, without limitation, the 27
drafting of as many legislative measures as are necessary to 28
implement the budget proposed by the Governor and to provide for 29
the fiscal management of the State. In addition to the requests 30
otherwise authorized pursuant to this section, the Governor may 31
request the drafting of not more than 5 legislative measures on or 32
before the 19th day of a regular session to propose the Governor’s 33
legislative agenda. 34
4. For a regular session, the following constitutional officers 35
may request, without t he approval of the Governor or the 36
Governor’s designated representative, the drafting of not more than 37
the following numbers of legislative measures, which must be 38
submitted to the Legislative Counsel on or before September 1 39
preceding the regular session: 40
41
Lieutenant Governor ............................................................... 3 42
Secretary of State .................................................................... 6 43
State Treasurer ........................................................................ 5 44

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- *AB191_R1*
State Controller ....................................................................... 5 1
Attorney General .................................................................. 20 2
3
5. In addition to the requests authorized by subsection 4, the 4
Secretary of State may request, without the approval of the 5
Governor or the Governor’s designated representative, the drafting 6
of not more than 2 legislative measures, which must be submitted to 7
the Legislative Counsel on or before December 31 preceding the 8
regular session. 9
6. Each request made pursuant to this section must be on a 10
form pr escribed by the Legislative Counsel. The legislative 11
measures requested pursuant to subsections 1 and 4 must be prefiled 12
on or before the third Wednesday in November preceding the 13
regular session. A legislative measure that is not prefiled on or 14
before that day shall be deemed withdrawn. 15
Sec. 61. NRS 239.010 is hereby amended to read as follows: 16
239.010 1. Except as otherwise provided in this section and 17
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 18
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 19
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 20
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 21
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 22
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 23
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 24
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 25
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 26
127.007, 127.057, 127.130, 127.1 40, 127.2817, 128.090, 130.312, 27
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 28
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 29
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 30
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 31
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 32
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 33
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 34
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 35
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 36
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 37
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 38
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 39
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 40
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 41
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 42
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 43
281A.685, 281A .750, 281A.755, 281A.780, 284.4068, 284.4086, 44
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 45

– 36 –

- *AB191_R1*
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 1
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 2
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 3
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 4
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 5
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 6
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 7
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 8
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 9
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 10
391.925, 392.029, 392.147, 392.264, 392 .271, 392.315, 392.317, 11
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 12
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 13
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 14
398A.115, 408.3885, 408.3886, 408.3888, 408.5 484, 412.153, 15
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 16
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 17
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 18
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 19
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 20
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 21
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 22
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 23
449.4315, 449A.112, 450.140, 4 50B.188, 450B.805, 453.164, 24
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 25
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 26
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 27
481.091, 481.093, 482.170, 482.368, 482.5 536, 483.340, 483.363, 28
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 29
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 30
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 31
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.7 10, 32
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 33
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 34
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 35
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 36
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 37
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 38
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 39
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 40
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 41
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 42
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 43
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 44
640C.760, 640D.135, 640D.190, 640E.225, 64 0E.340, 641.090, 45

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- *AB191_R1*
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 1
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 2
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 3
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 4
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 5
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 6
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 7
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 8
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 9
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 10
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 11
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 12
687A.060, 687A.115, 687B. 404, 687C.010, 688C.230, 688C.480, 13
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 14
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 15
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 16
711.600, and sections 28 and 45 of this act, sections 35, 38 and 41 17
of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 18
391, Statutes of Nevada 2013 and unless otherwise declared by law 19
to be confidential, all public books and public records of a 20
governmental entity must be open at all times during office hours to 21
inspection by any person, and may be fully copied or an abstract or 22
memorandum may be prepared from those public books and public 23
records. Any such copies, abstracts or memoranda may be used to 24
supply the general public with copies, abstracts or memoranda of the 25
records or may be used in any other way to the advantage of the 26
governmental entity or of the general public. This section does not 27
supersede or in any manner affect the federal laws governing 28
copyrights or enlarge, diminish or affect in any other manner the 29
rights of a person in any written book or record which is 30
copyrighted pursuant to federal law. 31
2. A governmental entity may not reject a book or record 32
which is copyrighted solely because it is copyrighted. 33
3. A governmental entity that has legal custody or control of a 34
public book or record shall not deny a request made pursuant to 35
subsection 1 to inspect or copy or receive a copy of a public book or 36
record on the basis that the requested public book or record contains 37
information that is confidential if the governmental entity can 38
redact, delete, conceal or separate, including, without limitation, 39
electronically, the confidential information from the information 40
included in the public book or record t hat is not otherwise 41
confidential. 42
4. If requested, a governmental entity shall provide a copy of a 43
public record in an electronic format by means of an electronic 44
medium. Nothing in this subsection requires a governmental entity 45

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to provide a copy of a p ublic record in an electronic format or by 1
means of an electronic medium if: 2
(a) The public record: 3
(1) Was not created or prepared in an electronic format; and 4
(2) Is not available in an electronic format; or 5
(b) Providing the public record in an el ectronic format or by 6
means of an electronic medium would: 7
(1) Give access to proprietary software; or 8
(2) Require the production of information that is confidential 9
and that cannot be redacted, deleted, concealed or separated from 10
information that is not otherwise confidential. 11
5. An officer, employee or agent of a governmental entity who 12
has legal custody or control of a public record: 13
(a) Shall not refuse to provide a copy of that public record in the 14
medium that is requested because the officer, employee or agent has 15
already prepared or would prefer to provide the copy in a different 16
medium. 17
(b) Except as otherwise provided in NRS 239.030, shall, upon 18
request, prepare the copy of the public record and shall not require 19
the person who has requeste d the copy to prepare the copy himself 20
or herself. 21
Sec. 62. NRS 241.016 is hereby amended to read as follows: 22
241.016 1. The meetings of a public body that are quasi -23
judicial in nature are subject to the provisions of this chapter. 24
2. The following are exempt from the requirements of this 25
chapter: 26
(a) The Legislature of the State of Nevada. 27
(b) Judicial proceedings, including, without limitation, 28
proceedings before the Commission on Judicial Selection and, 29
except as otherwise provided in NRS 1.4687, the Commission on 30
Judicial Discipline. 31
(c) Meetings of the State Board of Parole Commissioners when 32
acting to grant, deny, continue or revoke the parole of a prisoner or 33
to establish or modify the terms of the parole of a prisoner. 34
3. Any provision of law, including, without limitation, NRS 35
91.270, 219A.210, 223.966, 226.778, 228.495, 239C.140, 36
239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 37
284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 38
288.590, 289.387, 293.252, 295.121, 295.217, 315.98425, 360.247, 39
388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 40
388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 41
396.1415, 396.3295, 414.270, 422.405, 427A.940, 433.534, 42
435.610, 442.774, 450.140, 45 0.635, 463.110, 480.545, 622.320, 43
622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 44

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686B.170, 696B.550, 703.196 and 706.1725 [,] and section 45 of 1
this act, which: 2
(a) Provides that any meeting, hearing or other proceeding is not 3
subject to the provisions of this chapter; or 4
(b) Otherwise authorizes or requires a closed meeting, hearing 5
or proceeding, 6
 prevails over the general provisions of this chapter. 7
4. The exceptions provided to this chapter, and a remote 8
technology system or electronic communication, must not be used to 9
circumvent the spirit or letter of this chapter to deliberate or act, 10
outside of an open and public meeting, upon a matter over which the 11
public body has supervision, control, jurisdiction or advisory 12
powers. 13
Sec. 63. NRS 396.251 is hereby amended to read as follows: 14
396.251 1. The Board of Regents may establish policies and 15
procedures for personnel which govern student employees, graduate 16
assistants, physicians engaged in a progra m for residency training 17
and postdoctoral fellows of the System and which are separate from 18
the policies and procedures established for the unclassified 19
personnel of the System. Any such policy or procedure does not 20
diminish the eligibility of those person s for coverage as employees 21
under the provisions of chapters 616A to 616D, inclusive, or chapter 22
617 of NRS. 23
2. Except as otherwise provided in sections 6 to 51, inclusive, 24
of this act: 25
(a) In establishing policies and procedures pursuant to 26
subsection 1, the Board of Regents is not bound by any of the other 27
provisions of this chapter or the provisions of title 23 of NRS. 28
[Those] 29
(b) The provisions of this chapter and the provisions of title 23 30
of NRS do not apply to a student employee, a graduate assistant, a 31
physician engaged in a program for residency training or a 32
postdoctoral fellow of the System unless otherwise provided by the 33
Board of Regents. 34
3. In the event of a conflict between the policies and 35
procedures established pursuant to subsection 1 and the provisions 36
of a collective bargaining agreement entered into pursuant to 37
sections 6 to 51, inclusive, of this act, the provisions of the 38
collective bargaining agreement prevail. 39
Sec. 64. NRS 396.7953 is hereby amended to read as follows: 40
396.7953 1. The Board of Regents may devise and establish 41
personnel policies and procedures in connection with the operation 42
of contractual or sponsored research activities of the Institute, apart 43
from those personnel policie s and procedures which are established 44

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- *AB191_R1*
for the professional personnel of other branches or facilities of the 1
System. 2
2. Except as otherwise provided in sections 6 to 51, inclusive , 3
of this act: 4
(a) In devising and establishing such personnel policies an d 5
procedures, the Board of Regents is not bound by any of the other 6
provisions of this chapter or the provisions of title 23 of NRS . [and 7
none of those] 8
(b) The provisions [are applicable ] of this chapter and the 9
provisions of title 23 of NRS do not apply to any person employed 10
in connection with the operation of contractual or sponsored 11
research activities of the Institute except as may be prescribed by the 12
Board of Regents. 13
3. In the eve nt of a conflict between the personnel policies 14
and procedures established pursuant to subsection 1 and the 15
provisions of a collective bargaining agreement entered into 16
pursuant to sections 6 to 51, inclusive, of this act, the provisions of 17
the collective bargaining agreement prevail. 18
Sec. 65. NRS 396.280 is hereby amended to read as follows: 19
396.280 The Board of Regents shall have [the] : 20
1. The power to fix the salaries of the academic staff of the 21
System. 22
2. The authority to conduct collective bargaining negotiations 23
and to enter into collective bargaining agreements with the 24
professional employees of the System pursuant to sections 6 to 51, 25
inclusive, of this act to establish the terms and conditions of 26
employment of the academic staff and other professional 27
employees of the System. As used in this subsection, “professional 28
employee” has the meaning ascribed to it in section 13 of this act. 29
Sec. 66. 1. Insofar as they conflict with the provisions of 30
such an agreement, the amendatory provisions of this act do not 31
apply during the current term of any collective bargaining 32
agreement entered into before July 1, 2025, or the first day in July 33
after this act becomes law pursuant to Section 35 of Article 4 of the 34
Nevada Constitution, whichever is later, but do apply to any 35
extension or renewal of such an agreement and to any such 36
agreement entered into on or after J uly 1, 2025, or the first day in 37
July after this act becomes law pursuant to Section 35 of Article 4 of 38
the Nevada Constitution, whichever is later. 39
2. If a state professional employer has established a bargaining 40
unit for any of its professional employe es or has designated a 41
professional organization as the exclusive representative for a 42
bargaining unit as of July 1, 2025, or the first day in July after this 43
act becomes law pursuant to Section 35 of Article 4 of the Nevada 44
Constitution, whichever is late r, such bargaining unit or exclusive 45

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- *AB191_R1*
representative shall be deemed the bargaining unit or exclusive 1
representative representing the same professional employees on and 2
after July 1, 2025, or the first day in July after this act becomes law 3
pursuant to Sect ion 35 of Article 4 of the Nevada Constitution, 4
whichever is later, until such time, if any, the bargaining unit or 5
exclusive representative is changed or modified in accordance with 6
the provisions of this act. 7
3. As used in this section: 8
(a) “Bargaining unit” has the meaning ascribed to it in section 8 9
of this act. 10
(b) “Exclusive representative” has the meaning ascribed to it in 11
section 10 of this act. 12
(c) “Professional employee” has the meaning ascribed to it in 13
section 13 of this act. 14
(d) “Professional organization” has the meaning ascribed to it in 15
section 4 of this act. 16
(e) “State professional employer” has the meaning ascribed to it 17
in section 5 of this act. 18
Sec. 67. This act becomes effective on July 1, 2025. 19

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