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 chiropractor; 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.
(Added to NRS by 2009, 2064)
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.
(Added to NRS by 2009, 2064; A 2021, 534, effective January 1, 2022)
Structure Nevada Revised Statutes
Chapter 616A - Industrial Insurance: Administration
NRS 616A.021 - Limitation of actions upon repeal or invalidity.
NRS 616A.022 - Applicability of Nevada Insurance Code.
NRS 616A.030 - "Accident" defined.
NRS 616A.035 - "Accident benefits" defined.
NRS 616A.040 - "Administrator" defined.
NRS 616A.045 - "Advisory organization" defined.
NRS 616A.047 - "Appeals Panel" defined.
NRS 616A.050 - "Association of self-insured private employers" defined.
NRS 616A.055 - "Association of self-insured public employers" defined.
NRS 616A.060 - "Association’s administrator" defined.
NRS 616A.065 - "Average monthly wage" defined.
NRS 616A.070 - "Benefit penalty" defined.
NRS 616A.075 - "Casual" defined.
NRS 616A.077 - "Catastrophic injury" defined.
NRS 616A.080 - "Certified vocational rehabilitation counselor" defined.
NRS 616A.085 - "Commissioner" defined.
NRS 616A.090 - "Compensation" defined.
NRS 616A.092 - "Consolidated insurance program" defined.
NRS 616A.093 - "Contractor-controlled insurance program" defined.
NRS 616A.095 - "Damages" defined.
NRS 616A.100 - "Division" defined.
NRS 616A.105 - "Employee" and "worker" defined.
NRS 616A.110 - "Employee": Persons excluded.
NRS 616A.115 - "Employee": Lessees engaged in mining or operating a reduction plant.
NRS 616A.130 - "Employee": Volunteer workers in program for public service.
NRS 616A.140 - "Employee": Members of Nevada Wing of Civil Air Patrol.
NRS 616A.145 - "Employee": Volunteer firefighters.
NRS 616A.150 - "Employee": Paid firefighter performing voluntary off-duty services as firefighter.
NRS 616A.155 - "Employee": Persons rendering voluntary ambulance service.
NRS 616A.157 - "Employee": Volunteer members of search and rescue organization.
NRS 616A.165 - "Employee": Trustees of school districts.
NRS 616A.170 - "Employee": Junior traffic patrols.
NRS 616A.175 - "Employee": Person vending or delivering newspaper or magazine.
NRS 616A.180 - "Employee": Members of county advisory boards to manage wildlife.
NRS 616A.185 - "Employee": Members of Nevada Legislature.
NRS 616A.195 - "Employee": Persons ordered by court to perform community service.
NRS 616A.207 - "Employee": Volunteer health practitioners.
NRS 616A.210 - "Employee": Subcontractors and employees.
NRS 616A.215 - "Employee": Apprentices and trainees.
NRS 616A.220 - "Employee": Real estate licensees.
NRS 616A.225 - "Employee": Persons participating in federally approved training programs.
NRS 616A.230 - "Employer" defined.
NRS 616A.240 - "Foot" defined.
NRS 616A.245 - "Hand" defined.
NRS 616A.250 - "Incarcerated" defined.
NRS 616A.255 - "Independent contractor" defined.
NRS 616A.257 - "Independent review organization" defined.
NRS 616A.260 - "Industrial insurance" defined.
NRS 616A.265 - "Injury" and "personal injury" defined.
NRS 616A.270 - "Insurer" defined.
NRS 616A.273 - "Medical facility" defined.
NRS 616A.280 - "Organization for managed care" defined.
NRS 616A.282 - "Owner-controlled insurance program" defined.
NRS 616A.283 - "Police officer" defined.
NRS 616A.284 - "Policy year" defined.
NRS 616A.285 - "Principal contractor" defined.
NRS 616A.290 - "Private carrier" defined.
NRS 616A.295 - "Private employer" defined.
NRS 616A.300 - "Public employer" defined.
NRS 616A.305 - "Self-insured employer" defined.
NRS 616A.310 - "Sole proprietor" defined.
NRS 616A.315 - "Solicitor" defined.
NRS 616A.317 - "State Industrial Insurance System" defined.
NRS 616A.320 - "Subcontractors" defined.
NRS 616A.330 - "Tangible net worth" defined.
NRS 616A.335 - "Third-party administrator" defined.
NRS 616A.340 - "Total disability" defined.
NRS 616A.345 - "Trade association" defined.
NRS 616A.350 - "Trade, business, profession or occupation of his or her employer" defined.
NRS 616A.355 - "Utilization review" defined.
NRS 616A.360 - "Vocational rehabilitation services" defined.
NRS 616A.400 - Duties of Administrator: Regulations.
NRS 616A.425 - Fund for Workers’ Compensation and Safety.
NRS 616A.430 - Uninsured Employers’ Claim Account.
NRS 616A.435 - Office created; appointment; term; qualifications; duties limited.
NRS 616A.440 - Employment of Deputy and staff; qualifications of Deputy.
NRS 616A.445 - Offices; budget.
NRS 616A.455 - Powers and duties.
NRS 616A.480 - Required execution of blank forms by employer; penalty for noncompliance.
NRS 616A.485 - Employer’s records open to inspection.
NRS 616A.490 - Employer to post notice identifying industrial insurer; contents of notice.
NRS 616A.495 - Employer to make available evidence of coverage; penalty for noncompliance.