Nevada § 288.150 - Negotiations by employer with recognized employee organization: Subjects of mandatory bargaining; matters reserved to employer without negotiation; reopening of collective bargaining agreement during period of fiscal emergency; termination or reassignment of employees of certain schools

§ 288.150. Negotiations by employer with recognized employee organization: Subjects of mandatory bargaining; matters reserved to employer without negotiation; reopening of collective bargaining agreement during period of fiscal emergency; termination or reassignment of employees of certain schools

1. Except as otherwise provided in subsection 6 and NRS 354.6241 , every local government employer shall negotiate in good faith through one or more

representatives of its own choosing concerning the mandatory subjects of bargaining

set forth in subsection 2 with the designated representatives of the recognized employee

organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing. 2. The scope of mandatory bargaining is limited to: (a) Salary or wage rates or other forms of direct monetary compensation. (b) Sick leave. (c) Vacation leave. (d) Holidays. (e) Other paid or nonpaid leaves of absence. (f) Insurance benefits. (g) Total hours of work required of an employee on each workday or workweek. (h) Total number of days' work required of an employee in a work year. (i) Except as otherwise provided in subsections 8 and 11, discharge and disciplinary

procedures. (j) Recognition clause. (k) The method used to classify employees in the bargaining unit. (l) Deduction of dues for the recognized employee organization. (m) Protection of employees in the bargaining unit from discrimination because of

participation in recognized employee organizations consistent with the provisions

of this chapter. (n) No-strike provisions consistent with the provisions of this chapter. (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation

or application of collective bargaining agreements. (p) General savings clauses. (q) Duration of collective bargaining agreements. (r) Safety of the employee. (s) Teacher preparation time. (t) Materials and supplies for classrooms. (u) Except as otherwise provided in subsections 9 and 11, the policies for the transfer

and reassignment of teachers. (v) Procedures for reduction in workforce consistent with the provisions of this chapter. (w) Procedures consistent with the provisions of subsection 6 for the reopening of

collective bargaining agreements for additional, further, new or supplementary negotiations

during periods of fiscal emergency. 3. Those subject matters which are not within the scope of mandatory bargaining and

which are reserved to the local government employer without negotiation include: (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire,

direct, assign or transfer an employee, but excluding the right to assign or transfer

an employee as a form of discipline. (b) The right to reduce in force or lay off any employee because of lack of work or

lack of money, subject to paragraph (v) of subsection 2. (c) The right to determine: (1) Appropriate staffing levels and work performance standards, except for safety

considerations; (2) The content of the workday, including without limitation workload factors, except

for safety considerations; (3) The quality and quantity of services to be offered to the public; and (4) The means and methods of offering those services. (d) Safety of the public. 4. The provisions of NRS 245.063 , 268.4069 and 391.1605 are not subject to negotiations with an employee organization. Any provision of a collective bargaining agreement negotiated pursuant to this chapter

which differs from or conflicts in any way with the provisions of NRS 245.063 , 268.4069 or 391.1605 is unenforceable and void. 5. If the local government employer is a school district, any money appropriated by

the State to carry out increases in salaries or benefits for the employees of the

school district is subject to negotiations with an employee organization. 6. Notwithstanding the provisions of any collective bargaining agreement negotiated

pursuant to this chapter, a local government employer is entitled to: (a) Reopen a collective bargaining agreement for additional, further, new or supplementary

negotiations relating to compensation or monetary benefits during a period of fiscal

emergency. Negotiations must begin not later than 21 days after the local government employer

notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist: (1) If the amount of revenue received by the general fund of the local government

employer during the last preceding fiscal year from all sources, except any nonrecurring

source, declined by 5 percent or more from the amount of revenue received by the general

fund from all sources, except any nonrecurring source, during the next preceding fiscal

year, as reflected in the reports of the annual audits conducted for those fiscal

years for the local government employer pursuant to NRS 354.624 ; or (2) If the local government employer has budgeted an unreserved ending fund balance

in its general fund for the current fiscal year in an amount equal to 4 percent or

less of the actual expenditures from the general fund for the last preceding fiscal

year, and the local government employer has provided a written explanation of the

budgeted ending fund balance to the Department of Taxation that includes the reason

for the ending fund balance and the manner in which the local government employer

plans to increase the ending fund balance. (b) Take whatever actions may be necessary to carry out its responsibilities in situations

of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement

for the duration of the emergency. Any action taken under the provisions of this subsection must not be construed as

a failure to negotiate in good faith. 7. The provisions of this chapter, including without limitation the provisions of

this section, recognize and declare the ultimate right and responsibility of the local

government employer to manage its operation in the most efficient manner consistent

with the best interests of all its citizens, its taxpayers and its employees. 8. If the sponsor of a charter school reconstitutes the governing body of a charter

school pursuant to NRS 388A.330 , the new governing body may terminate the employment of any teachers or other employees

of the charter school, and any provision of any agreement negotiated pursuant to this

chapter that provides otherwise is unenforceable and void. 9. The board of trustees of a school district in which a school is designated as a

turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized

pursuant to NRS 388G.400 , including, without limitation: (a) Reassigning any member of the staff of such a school; or (b) If the staff member of another public school consents, reassigning that member

of the staff of the other public school to such a school. 10. Any provision of an agreement negotiated pursuant to this chapter which differs

from or conflicts in any way with the provisions of subsection 9 or imposes consequences

on the board of trustees of a school district or the principal of a school for taking

any action authorized pursuant to subsection 9 is unenforceable and void. 11. The board of trustees of a school district or the governing body of a charter

school or university school for profoundly gifted pupils may use a substantiated report

of the abuse or neglect of a child or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning

the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction

for the purposes authorized by NRS 388A.515 , 388C.200 , 391.033 , 391.104 or 391.281 , as applicable. Such purposes may include, without limitation, making a determination concerning

the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts

with the provisions of this subsection is unenforceable and void. 12. This section does not preclude, but this chapter does not require, the local government

employer to negotiate subject matters enumerated in subsection 3 which are outside

the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of

mandatory bargaining but it is not required to negotiate those matters. 13. Contract provisions presently existing in signed and ratified agreements as of

May 15, 1975, at 12 p.m. remain negotiable. 14. As used in this section, “ abuse or neglect of a child ” has the meaning ascribed to it in NRS 392.281 .