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 personnel 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.
(Added to NRS by 2019, 3732; A 2021, 1915)
Structure Nevada Revised Statutes
Chapter 288 - Relations Between Governments and Public Employees
NRS 288.025 - "Administrative employee" defined.
NRS 288.027 - "Bargaining agent" defined.
NRS 288.028 - "Bargaining unit" defined.
NRS 288.029 - "Board" defined.
NRS 288.032 - "Collective bargaining" defined.
NRS 288.036 - "Commissioner" defined.
NRS 288.040 - "Employee organization" defined.
NRS 288.042 - "Executive Department" defined.
NRS 288.044 - "Fact-finding" defined.
NRS 288.048 - "Labor organization" defined.
NRS 288.050 - "Local government employee" defined.
NRS 288.060 - "Local government employer" defined.
NRS 288.065 - "Mediation" defined.
NRS 288.067 - "Recognition" defined.
NRS 288.074 - "Strike" defined.
NRS 288.075 - "Supervisory employee" defined.
NRS 288.080 - Creation; number, qualifications, terms of office and appointment of members.
NRS 288.090 - Officers and employees; quorum; voting; limitations on certain meetings.
NRS 288.100 - Salary and expenses of members.
NRS 288.105 - Fees assessed against local government employers.
NRS 288.120 - Subpoenas; powers of district court.
NRS 288.130 - Hearings and determinations are contested cases; judicial review.
NRS 288.132 - "Administrative employee" defined.
NRS 288.133 - "Bargaining agent" defined.
NRS 288.134 - "Bargaining unit" defined.
NRS 288.136 - "Recognition" defined.
NRS 288.138 - "Supervisory employee" defined.
NRS 288.139 - Fees assessed against local government employers.
NRS 288.475 - Fees assessed by Board against Executive Department.
NRS 288.151 - Reduction in workforce of school district.
NRS 288.155 - Agreements may extend beyond term of member or officer of local government employer.
NRS 288.165 - Recognized employee organization to file annual report with Board.
NRS 288.170 - Determination of bargaining unit; appeal to Board.
NRS 288.190 - Mediation: Selection and duties of mediator; cost.
NRS 288.195 - Right of employee organization to be represented by attorney.
NRS 288.203 - Compensation of members of panel; claims.
NRS 288.210 - Subpoenas of fact finder; powers of district court.
NRS 288.220 - Certain proceedings not required to be open or public.
NRS 288.230 - Legislative declaration; illegality of strikes.
NRS 288.240 - Injunctive relief against strike or threatened strike.
NRS 288.270 - Employer or representative; employee or employee organization.
NRS 288.280 - Controversies concerning prohibited practices to be submitted to Board.
NRS 288.400 - Legislative findings and declarations.
NRS 288.410 - "Arbitration" defined.
NRS 288.415 - "Bargaining unit" defined.
NRS 288.420 - "Confidential employee" defined.
NRS 288.425 - "Employee" defined.
NRS 288.430 - "Exclusive representative" defined.
NRS 288.435 - "Grievance" defined.
NRS 288.580 - Requirements and standards for decision of arbitrator; decision is final and binding.
NRS 288.585 - Supplemental bargaining.
NRS 288.590 - Certain proceedings not required to be open or public.
NRS 288.700 - Legislative findings and declaration; illegality of strikes.
NRS 288.705 - Injunctive relief against strike or threatened strike.