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- 83rd Session (2025)
Senate Bill No. 161–Senator Nguyen
CHAPTER..........
AN ACT relating to local government employees; establishing
additional procedures pursuant to which parties to a
collective bargaining negotiation involving a school district
and an employee organization representing teachers may
submit issues to a binding arbitration process; prohibiting a
school district or any agent thereof from requiring, requesting
or urging a teacher to work more than a certain amount of
time under certain circumstances; revising the penalties that
may be imposed upon an employee organization representing
teachers, the officers thereof and teachers for participation in
a strike; revising the conduct that constitutes a strike; revising
provisions relating to the recognition of employee
organizations; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law sets forth various requirements and procedures for collective
bargaining between local government employers and local government employees.
(NRS 288.131-288.280) Existing law sets forth procedures by which the parties to a
negotiation involving a school district and an employee organization representing
teachers or educational support personnel, after having failed to reach a collective
bargaining agreement after at least four sessions of negoti ations, may submit the
issues remaining in dispute to a binding arbitration process. (NRS 288.217)
Section 3 of this bill sets forth additional procedures by which the parties to a
negotiation involving a school district and an employee organization repre senting
teachers may submit issues remaining in dispute to a binding arbitration process.
Under section 3, the parties may, by mutual agreement, submit issues remaining in
dispute to the binding arbitration process set forth in section 3 if the collective
bargaining agreement between the school district and the employee organization
representing teachers: (1) is scheduled to expire within 75 days before the first day
of instruction of a school year and the parties have not agreed to a successor
agreement 75 days before the first day of instruction of the school year, in which
case the parties may submit the issues in dispute to an arbitrator any time on or
after the date that is 75 days before the first day of instruction of the school year
and on or before the date that is 30 days before the first day of instruction of the
school year; or (2) has expired, in which case the parties may submit the issues in
dispute to an arbitrator any time after the expiration of the agreement. Section 3
sets forth procedures for the selection of the arbitrator and procedures and
requirements for the arbitration process. Section 3 requires the arbitrator to render a
final decision, which is binding on the parties: (1) if the issues in dispute are
submitted to the binding arbitration process in accordance with the procedures for a
collective bargaining agreement which has expired, not later than 60 days after the
parties agreed to submit the issues in dispute to the binding arbitration process; or
(2) if the issues in dispute ar e submitted to the binding arbitration process in
accordance with the procedures for a collective bargaining agreement that is
scheduled to expire within 75 days before the first day of instruction of a school
year, not later than the first day of instruction of the school year. Section 12 of this
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bill makes a conforming change to indicate that parties to a negotiation between a
school district and an employee organization representing teachers may utilize the
procedures set forth in section 3 under certain circumstances.
Section 4 of this bill provides that if a collective bargaining agreement between
a school district and an employee organization representing teachers has expired
and the terms of the agreement remain in effect under certain circumstances , the
school district or any agent thereof is prohibited from requesting, requiring or
urging a teacher to work more in any workday or workweek than the total amount
of time required by the expired agreement for each workday or workweek.
Existing law declares it to be the public policy of this State that strikes against
the State or a local government employer are illegal. (NRS 288.700) Existing law
requires a court that finds that such an illegal strike has occurred, or unless enjoined
will occur, to enj oin the commencement or continuance of the strike. (NRS
288.705) If a strike is commenced or continued in violation of an order enjoining
the strike, existing law authorizes a court to impose certain penalties against an
employee organization or labor orga nization guilty of such violation, any officer
thereof who is wholly or partly responsible of such violation or any employee of
the State or of a local government employer who participates in the strike. (NRS
288.710) Existing law also authorizes a State o r local government employer to take
certain actions against an employee who participates in a strike, including,
dismissing, suspending or demoting the employee, canceling the contract of
employment for such an employee or withholding all or any part of th e salary or
wages of the employee which would otherwise accrue. (NRS 288.715)
Sections 15 and 16 of this bill provide that the penalties that may be imposed
by a court and the actions that may be taken by a local government employer with
respect to a stri ke do not apply to a strike involving teachers or an employee
organization representing teachers . Instead, section 7 of this bill provides for the
imposition of penalties only on the employee organization and the officers of the
employee organization, and not an individual teacher, for an illegal strike.
Existing law defines “strike” to mean certain specified concerted conduct.
(NRS 288.074) Section 9 of this bill excludes from the definition of “strike” any of
the specified concerted conduct that is enga ged in by teachers at one or more
schools in a school district unless the concerted conduct is engaged in on a district -
wide basis.
Existing law: (1) requires an employee organization that applies to a local
government employer for recognition to provide a pledge in writing not to strike
against the local government employer; and (2) authorizes a local government
employer to withdraw recognition from an employee organization that disavows
that pledge. (NRS 288.160) Section 11 of this bill excludes an emplo yee
organization representing teachers from those provisions.
Sections 2 and 8 of this bill establish a definition for the term “teacher” for the
purposes of the provisions of existing law governing collective bargaining by
public employees.
Section 10 of this bill makes a conforming change to indicate the proper
placement of sections 3 and 4 in the Nevada Revised Statutes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 288 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 7, inclusive, of this
act.
Sec. 2. “Teacher” means an employee of a school district
who is licensed to teach in this State and who is represented by an
employee organization.
Sec. 3. 1. Except as otherwise provided in subsection 3, if a
collective bargaining agreement between a school district and an
employee organization representing teachers is scheduled to
expire within 75 days before the first day of instruction of a school
year and the parties have not agreed to a successor agreement 75
days before the first day of instruction of the school year, the
parties may, at any time on or after the date that is 75 days before
the first day of instruction of the school year and on or before the
date that is 30 days before the first day of instruction of the school
year, mutually agree to submit the issues remaining in dispute to
an arbitrator to arbit rate the dispute in accordance with the
provisions of this section.
2. Except as otherwise provided in subsection 3, if a collective
bargaining agreement between a school district and an employee
organization representing teachers has expired and the pa rties
have not agreed to a successor agreement, the parties may, at any
time after the expiration of the agreement, mutually agree to
submit the issues remaining in dispute to an arbitrator to arbitrate
the dispute in accordance with the provisions of this section.
3. Not less than 180 days before the expiration of a collective
bargaining agreement between a school district and an employee
organization representing teachers or, for such a collective
bargaining agreement that is of the type described in s ubsection 1,
not less than 180 days before the first day of instruction of the
school year, the parties shall assemble a list of not more than five
potential arbitrators who agree to make themselves available to
conduct arbitration proceedings in accordance with the provisions
of this section. The number of potential arbitrators on the list and
the selection of each potential arbitrator on the list must be
mutually agreed to by the parties. If the parties fail to assemble a
list of potential arbitrators pur suant to this subsection, the parties
may not utilize the procedures set forth in this section.
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4. During any period specified in subsection 1 or 2, either
party to the collective bargaining agreement may submit to the
other party a request to agree to submit the issues remaining in
dispute to an arbitrator to arbitrate the dispute in accordance with
the provisions of this section. The other party shall, within 3
business days after receipt of the request, respond to the party and
either approve or deny the request.
5. If the request submitted pursuant to subsection 4 is
approved, the parties shall, within 2 days after the approval is
granted, select their arbitrator from the list assembled pursuant to
subsection 3. If there is more than one potential arbitrator on the
list, the parties shall alternately strike one name until the name of
only one arbitrator remains, who will be the arbitrator to arbitrate
the dispute. The employee organization shall strike the first name.
The arbitrator has the powers p rovided for fact finders in
NRS 288.210.
6. After the arbitrator is selected pursuant to subsection 5, the
arbitrator shall hold a hearing to receive information regarding
the dispute. The arbitrator shall, within 5 days after being selected,
establish a date and time to hold the hearing and provide notice of
the date and time to the parties. The date and time must be
established with due regard to the expedited nature of the
proceedings and the requirements for the issuance of a decision
pursuant to subsection 12.
7. The parties to the dispute shall each pay one -half of the
costs of the arbitration.
8. A determination of the financial ability of a school district
must be based on:
(a) All existing available revenues as established by the school
district, including, without limitation, any money appropriated by
the State to carry out increases in salaries or benefits for the
employees of the school district, and with the limitations set forth
in NRS 354.6241, with due regard for the obligation of th e school
district to provide an education to the children residing within the
district.
(b) Consideration of funding for the current year being
negotiated. If the parties mutually agree to arbitrate a multi -year
contract, the arbitrator must consider the ability to pay over the
life of the contract being negotiated or arbitrated.
Once the arbitrator has determined in accordance with this
subsection that there is a current financial ability to grant
monetary benefits, the arbitrator shall consider, to t he extent
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appropriate, compensation of other governmental employees, both
in and out of this State.
9. At the recommendation of the arbitrator, the parties may,
before the submission of a final offer, enter into negotiations. If
the negotiations are begun, the arbitrator may adjourn the hearing
for a period of 7 days. If an agreement is reached, it must be
submitted to the arbitrator, who shall certify it as final and
binding.
10. If the parties do not enter negotiations or do not agree
within 7 days after the hearing held pursuant to subsection 6, each
of the parties shall submit a single written statement containing its
final offer for each of the unresolved issues.
11. The arbitrator shall render a decision on the basis of the
criteria set forth in NRS 288.200. The arbitrator shall accept one
of the written statements and shall report the decision to the
parties. The decision of the arbitrator is final and binding on the
parties. Any award of the arbitrator is retroactive to the expiration
date of the last contract between the parties.
12. The decision of the arbitrator must be rendered not later
than the earlier of 7 days after the final offers are submitted
pursuant to subsection 10 or:
(a) For a dispute submitted pursuant to subsection 1, the first
day of instruction of the school year.
(b) For a dispute submitted pursuant to subsection 2, 60 days
after approval of the request submitted pursuant to subsection 4 is
granted.
13. The decision of the arbitrator must include a statement:
(a) Giving the arbitrator’s reason for accepting the final offer
that is the basis of the arbitrator’s award; and
(b) Specifying the arbitrator’s estimate of the total cost of the
award.
14. Within 30 days after the receipt of the decision from the
arbitrator, the board of trustees of the school district shall hold a
public meeting in accordance with the provisions of chapter 241 of
NRS. The meeting must include a discussion of:
(a) The issues submitted pursuant to subsection 1 or 2, as
applicable;
(b) The statement of the arbitrator included in the decision of
the arbitrator pursuant to subsection 13; and
(c) The overall fiscal impact of the decision, which must not
include a discussion of the details of the decision.
The arbitrator must not be asked to discuss the decision during
the meeting.
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15. The superintendent of the school district shall report to
the board of trustees the fiscal impact of the decision. The report
must include, without limitation, an analysis of the impact of the
decision on compensation and reimbursement, funding, benefits,
hours, working conditions or other terms and conditions of
employment.
16. As used in this section, “school year” has the meaning
ascribed to it in NRS 388.080.
Sec. 4. 1. If a collective bargaining agreement between a
school district and an employee organization representing
teachers has expired and, under the agreement, the terms of the
agreement remain in effect during the period bet ween the
expiration of the agreement and the effective date of a successor
agreement, the school district or any agent thereof shall not
request, require or urge a teacher to work more in any workday or
workweek than the total amount of time required by th e expired
agreement for each workday or workweek.
2. A teacher who fails or refuses to comply with a request,
requirement or urging that violates subsection 1 is not subject to
any penalty for the failure or refusal.
3. The failure or refusal of a tea cher or multiple teachers to
comply with a request, requirement or urging that violates
subsection 1 does not constitute a strike.
Secs. 5 and 6. (Deleted by amendment.)
Sec. 7. 1. If a strike by teachers or an employee
organization representing teachers is commenced or continued in
violation of an order issued pursuant to NRS 288.705 , the court
may:
(a) Punish the employee organization guilty of such violation
by a fine of not more than $50,000 against each employee
organization for each day of continued violation.
(b) Punish any officer of the employee organization who is
wholly or partly responsib le for such violation by a fine of not
more than $1,000 for each day of continued violation.
2. Any of the penalties enumerated in subsection 1 may be
applied alternatively or cumulatively, in the discretion of the court.
Sec. 8. NRS 288.015 is hereby amended to read as follows:
288.015 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 288.029 to 288.074,
inclusive, and section 2 of this act have the meanings ascribed to
them in those sections.
Sec. 9. NRS 288.074 is hereby amended to read as follows:
288.074 1. “Strike” means any concerted:
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[1.] (a) Stoppage of work, slowdown or interruption of
operations by employees of the State of Nevada or local government
employees;
[2.] (b) Absence from work by employees of the State of
Nevada or local government employees upon any pretext or excuse,
such as illness, which is not founded in fact; or
[3.] (c) Interruption of the operations of th e State of Nevada or
any local government employer by any employee organization or
labor organization.
2. The term does not include any concerted conduct described
in subsection 1 that is engaged in by teachers at one or more
schools in a school district unless the concerted conduct is
engaged in on a district-wide basis.
Sec. 10. NRS 288.131 is hereby amended to read as follows:
288.131 As used in NRS 288.131 to 288.280, inclusive, and
sections 3 and 4 of this act, unless the context otherwise requires,
the words and terms defined in NRS 288.132 to 288.138, inclusive,
have the meanings ascribed to them in those sections.
Sec. 11. NRS 288.160 is hereby amended to read as follows:
288.160 1. An employee organization may apply to a local
government employer for recognition by presenting:
(a) A copy of its constitution and bylaws, if any;
(b) A roster of its officers, if any, and representatives; and
(c) [A] Except for an employee organization representing
teachers, a pledge in writing not to strike against the local
government employer under any circumstances.
A local government employer shall not recognize as
representative of its employees any employee or ganization which
has not adopted, in a manner valid under its own rules, the pledge
required by paragraph (c).
2. If an employee organization, at or after the time of its
application for recognition, presents a verified membership list
showing that it re presents a majority of the employees in a
bargaining unit, and if the employee organization is recognized by
the local government employer, it shall be the exclusive bargaining
agent of the local government employees in that bargaining unit.
3. A local g overnment employer may withdraw recognition
from an employee organization which:
(a) Fails to present a copy of each change in its constitution or
bylaws, if any, or to give notice of any change in the roster of its
officers, if any, and representatives;
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(b) [Disavows] Except for an employee organization
representing teachers, disavows its pledge not to strike against the
local government employer under any circumstances;
(c) Ceases to be supported by a majority of the local government
employees in the bargaining unit for which it is recognized; or
(d) Fails to negotiate in good faith with the local government
employer,
if it first receives the written permission of the Board.
4. If the Board in good faith doubts whether any employee
organization is supported by a majority of the local government
employees in a particular bargaining unit, it may conduct an election
by secret ballot upon the question. Subject to judicial review, the
decision of the Board is binding upon the local government
employer and all employee organizations involved.
5. The parties may agree in writing, without appealing to the
Board, to hold a representative election to determine whether an
employee organization represents the majority of the local
government employees in a bar gaining unit. Participation by the
Board and its staff in an agreed election is subject to the approval of
the Board.
Sec. 12. NRS 288.217 is hereby amended to read as follows:
288.217 1. [The] Except as otherwise provid ed in section 3
of this act, the provisions of this section govern negotiations
between school districts and employee organizations representing
teachers and educational support personnel.
2. If the parties to a negotiation pursuant to this section have
failed to reach an agreement after at least four sessions of
negotiation, either party may declare the negotiations to be at an
impasse and, after 5 days’ written notice is given to the other pa rty,
submit the issues remaining in dispute to an arbitrator. The arbitrator
must be selected in the manner provided in subsection 2 of NRS
288.200 and has the powers provided for fact finders in
NRS 288.210.
3. The arbitrator shall, within 30 days afte r the arbitrator is
selected, and after 7 days’ written notice is given to the parties, hold
a hearing to receive information concerning the dispute. The hearing
must be held in the county in which the school district is located and
the arbitrator shall ar range for a full and complete record of the
hearing.
4. The parties to the dispute shall each pay one-half of the costs
of the arbitration.
5. A determination of the financial ability of a school district
must be based on:
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(a) All existing available r evenues as established by the school
district, including, without limitation, any money appropriated by
the State to carry out increases in salaries or benefits for the
employees of the school district, and within the limitations set forth
in NRS 354.6241, with due regard for the obligation of the school
district to provide an education to the children residing within the
district.
(b) Consideration of funding for the current year being
negotiated. If the parties mutually agree to arbitrate a multi -year
contract the arbitrator must consider the ability to pay over the life
of the contract being negotiated or arbitrated.
Once the arbitrator has determined in accordance with this
subsection that there is a current financial ability to grant monetary
benefits, the arbitrator shall consider, to the extent appropriate,
compensation of other governmental employees, both in and out of
this State.
6. At the recommendation of the arbitrator, the parties may,
before the submission of a final offer, enter into nego tiations. If the
negotiations are begun, the arbitrator may adjourn the hearing for a
period of 3 weeks. If an agreement is reached, it must be submitted
to the arbitrator, who shall certify it as final and binding.
7. If the parties do not enter into ne gotiations or do not agree
within 30 days after the hearing held pursuant to subsection 3, each
of the parties shall submit a single written statement containing its
final offer for each of the unresolved issues.
8. The arbitrator shall, within 10 days a fter the final offers are
submitted, render a decision on the basis of the criteria set forth in
NRS 288.200. The arbitrator shall accept one of the written
statements and shall report the decision to the parties. The decision
of the arbitrator is final and binding on the parties. Any award of the
arbitrator is retroactive to the expiration date of the last contract
between the parties.
9. The decision of the arbitrator must include a statement:
(a) Giving the arbitrator’s reason for accepting the final offer
that is the basis of the arbitrator’s award; and
(b) Specifying the arbitrator’s estimate of the total cost of the
award.
10. Within 45 days after the receipt of the decision from the
arbitrator, the board of trustees of the school district shall hold a
public meeting in accordance with the provisions of chapter 241 of
NRS. The meeting must include a discussion of:
(a) The issues submitted pursuant to subsection 2;
(b) The statement of the arbitrator pursuant to subsection 9; and
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(c) The overall fiscal impact of the decision which must not
include a discussion of the details of the decision.
The arbitrator must not be asked to discuss the decision during
the meeting.
11. The superintendent of the school district shall report to the
board of t rustees the fiscal impact of the decision. The report must
include, without limitation, an analysis of the impact of the decision
on compensation and reimbursement, funding, benefits, hours,
working conditions or other terms and conditions of employment.
12. As used in this section [:
(a) “Educational] , “educational support personnel” means all
classified employees of a school district, other than teachers, who
are represented by an employee organization.
[(b) “Teacher” means an employee of a school di strict who is
licensed to teach in this State and who is represented by an
employee organization.]
Secs. 13 and 14. (Deleted by amendment.)
Sec. 15. NRS 288.710 is hereby amended to read as follows:
288.710 1. If a strike is commenced or continued in violation
of an order issued pursuant to NRS 288.705, other than a strike
involving teachers or an employee organiz ation representing
teachers, the court may:
(a) Punish each employee organization or labor organization
guilty of such violation by a fine of not more than $50,000 against
each employee organization or labor organization for each day of
continued violation.
(b) Punish any officer of an employee organization or labor
organization who is wholly or partly responsible for such violation
by a fine of not more than $1,000 for each day of continued
violation, or by imprisonment as provided in NRS 22.110.
(c) Punish any employee of the State or of a local government
employer who participates in such strike by ordering the dismissal
or suspension of such employee.
2. Any of the penalties enumerated in subsection 1 may be
applied alternatively or cumulatively, in the discretion of the court.
Sec. 16. NRS 288.715 is hereby amended to read as follows:
288.715 1. If a strike or violation is commenced or continued
in violation of an order issued pursuant to NRS 288.705, other than
a strike involving teachers or an employee organization
representing teachers, the State or the local government employer
may:
(a) Dismiss, suspend or demote all or any of the employees who
participate in such strike or violation.
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(b) Cancel the contracts of employment of all or any of the
employees who participate in such strike or violation.
(c) Withhold all or any part of the salaries or wages which
would otherwise accrue to all or any of the employees who
participate in such strike or violation.
2. Any of the powers conferred by subsection 1 may be
exercised alternatively or cumulatively.
Sec. 17. This act becomes effective upon passage and
approval.
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