Nevada § 288.505 - Requirements for collective bargaining agreements; procedures for grievances; rules governing conflicts between agreements and statutes and regulations

§ 288.505. Requirements for collective bargaining agreements; procedures for grievances; rules governing conflicts between agreements and statutes and regulations

1. Each collective bargaining agreement must be in writing and must include, without

limitation: (a) A procedure to resolve grievances which applies to all employees in the bargaining

unit and culminates in final and binding arbitration. The procedure must be used to resolve all grievances relating to employment, including,

without limitation, the administration and interpretation of the collective bargaining

agreement, the applicability of any law, rule or regulation relating to the employment

and appeal of discipline and other adverse human resources actions. (b) A provision which provides that an officer of the Executive Department shall,

upon written authorization by an employee within the bargaining unit, withhold a sufficient

amount of money from the salary or wages of the employee pursuant to NRS 281.129 to pay dues or similar fees to the exclusive representative of the bargaining unit. Such authorization may be revoked only in the manner prescribed in the authorization. (c) A nonappropriation clause that provides that any provision of the collective bargaining

agreement which requires the Legislature to appropriate money is effective only to

the extent of legislative appropriation. 2. Except as otherwise provided in subsections 3 and 4, the procedure to resolve grievances

required in a collective bargaining agreement pursuant to paragraph (a) of subsection

1 is the exclusive means available for resolving grievances described in that paragraph. 3. An employee in a bargaining unit who has been dismissed, demoted or suspended may

pursue a grievance related to that dismissal, demotion or suspension through: (a) The procedure provided in the agreement pursuant to paragraph (a) of subsection

1; or (b) The procedure prescribed by NRS 284.390 , but once the employee has properly filed a grievance in writing under the procedure

described in paragraph (a) or requested a hearing under the procedure described in

paragraph (b), the employee may not proceed in the alternative manner. 4. An employee in a bargaining unit who is aggrieved by the failure of the Executive

Department or its designated representative to comply with the requirements of NRS 281.755 may pursue a grievance related to that failure through: (a) The procedure provided in the agreement pursuant to paragraph (a) of subsection

1; or (b) The procedure prescribed by NRS 288.115 , but once the employee has properly filed a grievance in writing under the procedure

described in paragraph (a) or filed a complaint under the procedure described in paragraph

(b), the employee may not proceed in the alternative manner. 5. If there is a conflict between any provision of an agreement between the Executive

Department and an exclusive representative and: (a) Any regulation adopted by the Executive Department, the provision of the agreement

prevails unless the provision of the agreement is outside of the lawful scope of collective

bargaining. (b) An existing statute, other than a statute described in paragraph (c), the provision

of the agreement may not be given effect unless the Legislature amends the existing

statute in such a way as to eliminate the conflict. (c) Except as otherwise provided in NRS 284.4086 , a provision of chapter 284 or 287 of NRS or NRS 288.570 , 288.575 or 288.580 , the provision of the agreement prevails unless the Legislature is required to appropriate

money to implement the provision, within the limits of legislative appropriations

and any other available money.