Nevada § 288.217 - Submission of dispute between school district and employee organization to arbitrator: Selection of arbitrator; hearing; determination of financial ability of school district; negotiations and final offer; effect of decision of arbitrator; content of decision

§ 288.217. Submission of dispute between school district and employee organization to arbitrator: Selection of arbitrator; hearing; determination of financial ability of school district; negotiations and final offer; effect of decision of arbitrator; content of decision

1. 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 party, 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 after 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 arrange 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: (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 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 negotiations. 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 negotiations 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 after 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 (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 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. 12. As used in this section: (a) “ 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 district who is licensed to teach in this State and

who is represented by an employee organization.