Nevada § 616A.466 - Recognition of certain provisions of collective bargaining agreements

§ 616A.466. Recognition of certain provisions of collective bargaining agreements

1. Except as otherwise provided in subsection 2, notwithstanding any provisions of

chapters 616A to 617, inclusive, of NRS to the contrary, the Division and the courts

of this State shall recognize as valid and binding, in a collective bargaining agreement

between a private employer or a group of private employers and a labor organization

that represents the employees of such employers, any provision which establishes: (a) A process for alternative dispute resolution, including, without limitation, mediation

and arbitration, which governs disputes between employees and employers or their insurers

and which supplements or replaces all or part of the dispute resolution processes

contained in chapters 616A to 617, inclusive, of NRS. Any such process for alternative dispute resolution must provide that a finding

of fact, award, order or decision of an arbitrator or board of arbitration: (1) Has the same force and effect as a finding of fact, award, order or decision of

a hearing officer or the Administrator, as applicable; and (2) Is subject to review by an appeals officer in the same manner, and using the same

procedures, as provided for review of a finding of fact, award, order or decision

made by a hearing officer or the Administrator, as applicable; (b) The use of a specified list of providers of medical treatment who may be the exclusive

source of all medical treatment provided under chapters 616A to 617, inclusive, of

NRS; (c) The use of a specified list of medical evaluators who may be the exclusive source

of all medical evaluations under chapters 616A to 617, inclusive, of NRS; (d) A joint committee for safety involving both the employer and the labor organization; (e) A program for light-duty employment or employment that is modified according to

limitations or restrictions imposed by a physician or chiropractic physician; or (f) A program for vocational rehabilitation utilizing a specified list of providers

of vocational rehabilitation services who may be the exclusive source of all vocational

rehabilitation services under chapters 616A to 617, inclusive, of NRS. 2. Nothing in this section: (a) Authorizes any provision of a collective bargaining agreement to reduce the entitlement

of an employee to compensation for temporary total disability, temporary partial disability,

permanent total disability, permanent partial disability, vocational rehabilitation

services or medical treatment fully paid for by the employer, as otherwise provided

in chapters 616A to 617, inclusive, of NRS. Any provision of a collective bargaining agreement which purports to so reduce the

entitlement of an employee to any such compensation is void. (b) Prohibits an employer and a labor organization from negotiating any aspect of

the delivery of medical benefits or the delivery of compensation for disability to

employees of the employer or group of employers who are eligible for group health

benefits and disability benefits through their employer other than those provided

in chapters 616A to 617, inclusive, of NRS. 3. As used in this section, “ labor organization ” means any organization of any kind, or any agency or employee representation committee

or plan, in which employees participate and which exists for the purpose, in whole

or in part, of dealing with employers concerning grievances, labor disputes, wages,

rates of pay, hours of employment or conditions of work.