Nevada Administrative Code Chapter 288 - Local Government: Relations With Employees
Here’s an updated, detailed overview of NAC Chapter 288 – Local Government: Relations With Employees, which governs the rules and procedures for public sector labor relations at the local government level in Nevada:
📘 Overview & Coverage
NAC 288 implements the policies of NRS Chapter 288, regulating collective bargaining, elections, hearings, and dispute resolution for employees of local government employers (including the Executive Department when referenced) (emrb.nv.gov).
🔹 1. General Definitions & Scope
“Government employer” includes both local government employers and the Executive Department (law.cornell.edu).
Sets standards for filing, service of process, deadline calculations, and legal procedures before the Local Government Employee‑Management Relations Board (emrb.nv.gov).
🔹 2. Recognition & Negotiation (NAC 288.100–.150)
➢ Negotiability (NAC 288.100)
Local government must negotiate upon written request if the subject falls under NRS 288.150, unless deemed reserved. If disputed, the Board can review and hold a hearing (emrb.nv.gov).
➢ Election Procedures (NAC 288.110)
Establishes Board-supervised elections for union certification with observers, challenge protocols, runoff processes, and handling objections (law.cornell.edu).
➢ Bargaining Unit Determinations & Appeals (NAC 288.120–.130)
Allows election results to inform unit definitions. Grants right to appeal unit determinations via the Board .
🔹 3. Recognition & Withdrawal of Bargaining Agents
➢ Annual Filings (NAC 288.140, .147)
Employers and employee organizations must annually file contact info, recognized unions, officers, and bargaining unit descriptions by specified deadlines (emrb.nv.gov).
➢ Withdrawal of Recognition (NAC 288.145–.146)
Employers may drop recognition when a union withdraws in writing or fails to express interest in negotiation. For other reasons, Board permission is required (law.cornell.edu).
Another union can challenge if existing representation loses majority during negotiation periods (emrb.nv.gov).
🔹 4. Hearing Procedures & Board Practice (NAC 288.200+)
Complaints, Answers, Pre-Hearing & Evidence
Procedural rules mandate how to file complaints, prehearing statements, evidence, subpoenas, and hearings (emrb.nv.gov).
Fact Finding (NAC 288.150+)
Fact-finders must document issues without giving personal opinions, using a clear hearing schedule and detailed report elements (emrb.nv.gov).
Decision-Making, Rehearing & Sanctions
The Board issues written decisions, handles petitions for rehearing, and may sanction parties who fail to comply with procedures (lvppa.com).
🔹 5. Declaratory Orders (NAC 288.380+)
Employers or recognized unions may petition the Board to clarify statutory/regulatory application and interpretation (emrb.nv.gov).
✅ Key Takeaways
Negotiation Rights: Unions have a right to negotiate on negotiable matters; employers may challenge and the Board determines.
Structured Elections: Certification and decertification of bargaining agents follow strict, Board-monitored election rules.
Recognition Control: Employers can withdraw recognition only with Board approval unless specific conditions apply.
Formal Hearing Process: Detailed procedural framework ensures due process in labor disputes.
Interpretation Mechanism: Declaratory orders allow formal clarification of labor laws.
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