Nevada Administrative Code

NAC 288.104 Verification of number of employees for purposes of assessing fees against government employer; adjustment of fee imposed on local government employer under certain circumstances. (NRS 233B.040, 288.110) 1. To verify the number of local government employees employed b…

NAC 288.108 Establishment of bargaining units of employees of Executive Department. (NRS 233B.040, 288.110, 288.515) 1. For the purposes of paragraph (a) of subsection 1 of NRS 288.515, the labor, maintenance, custodial and institutional employees bargaining unit is hereby establ…

NAC 288.110 Elections: Generally. (NRS 233B.040, 288.110, 288.160) 1. All elections conducted pursuant to chapter 288 of NRS will be conducted under the supervision of the Board or its agent. 2. Any party may be represented at the election by observers selected in accordance with…

NAC 288.115 Elections: Written request by labor organization; notice; timing. (NRS 233B.040, 288.110) 1. If a labor organization files with the Board a written request for an election pursuant to paragraph (a) of subsection 1 of NRS 288.525, the Board will post a copy of the writ…

NAC 288.120 Use of election results in determination of bargaining unit. (NRS 288.110, 288.160) The Board may use the results of an election conducted pursuant to NAC 288.110 as additional information for its determination of a bargaining unit. [Local Gov’t Employee-Mgt. Rel. Bd.…

NAC 288.130 Appeal of determination of bargaining unit. (NRS 233B.040, 288.090, 288.110, 288.170) If any labor organization or employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board in accordance with the provisions of NAC 288.075…

NAC 288.140 Annual filing by government employers of contact information for person designated to receive official communications from Board and lists of recognized organizations. (NRS 233B.040, 288.110, 288.161) Before December 1 of each year, each government employer shall file…

NAC 288.143 Application for recognition of organization; petition to challenge sufficiency of application. (NRS 288.110, 288.160) An employee organization that wishes to be recognized as the bargaining agent for a group of local government employees who are not yet represented by…

NAC 288.145 Withdrawal of recognition of organization by local government employer. (NRS 288.110, 288.160, 288.180) 1. In addition to the reasons set forth in subsection 3 of NRS 288.160, a local government employer may withdraw recognition of an employee organization if the empl…

NAC 288.146 Withdrawal of recognition of organization upon petition by another employee organization. (NRS 288.110, 288.180) 1. During the term of an existing labor agreement which covers a period of not more than 3 years and during negotiations for a successor agreement through …

NAC 288.147 Annual filing by employee organizations and labor organizations of contact information for person designated to receive official communications from Board and lists of officers and representatives. (NRS 233B.040, 288.110, 288.165) Between November 1 and December 1 of …

NAC 288.150 Fact finder: Personal assessment of merits prohibited; schedule for hearing; record of proceedings; report. (NRS 288.110, 288.200) 1. A fact finder shall not make a personal assessment of the substantive merits of any issue submitted to him or her. 2. The fact finder …

NAC 288.155 Fact finder: Effect of failure to schedule hearing. (NRS 288.110, 288.200) Any failure of a fact finder to establish a schedule of dates and times for a hearing pursuant to subsection 4 of NRS 288.200 does not prejudice the rights of any party requesting binding fact-…

NAC 288.200 Complaint. (NRS 233B.040, 288.110) 1. In addition to any other applicable requirements set forth in NAC 288.231, a complaint must include: (a) The full name of the complainant; (b) The full name of the respondent; (c) A clear and concise statement of the facts constit…

NAC 288.205 Complaint for expedited review concerning right of employee to express breast milk: Procedure for filing, hearing and deciding such complaint. (NRS 281.755, 288.110, 288.115) 1. In lieu of complying with the provisions of NAC 288.200 to 288.370, inclusive, an employee…

NAC 288.211 Preliminary investigation of complaint. (NRS 233B.040, 288.110) 1. In determining whether to conduct a preliminary investigation of a complaint pursuant to NRS 288.625, the Board will consider: (a) Whether the complainant or petitioner is represented by counsel; (b) W…

NAC 288.220 Answer. (NRS 233B.040, 288.110) 1. A respondent may file an answer in the form of a pleading and not later than 21 days after the receipt of a complaint. 2. An answer must contain a clear and concise statement of the facts which constitute a defense. The respondent mu…

NAC 288.231 Form of pleadings and motions. (NRS 233B.040, 288.110) 1. Pleadings and written motions filed with the Board, including, without limitation, a complaint, petition, application or request, must: (a) Be properly titled; (b) Be signed by an authorized person; (c) State t…

NAC 288.235 Amendment of pleadings and motions; liberal construction. (NRS 288.110) 1. If not otherwise prohibited by law and if substantial rights of the parties will not be prejudiced, the Board may allow any pleading or motion to be amended or corrected, or any omission in the…

NAC 288.240 Motions. (NRS 233B.040, 288.110) 1. Any request for an order by the Board, except for an order to permit intervention, concerning any matter that has been assigned a case number and that has not been finally decided by the Board must be styled a “motion.” 2. All motio…

NAC 288.245 Motion to file amicus brief; request by Board for filing of amicus briefs in contested cases. (NRS 233B.040, 288.110) 1. Any person or governmental entity claiming an interest in a dispute or controversy that is the subject of a hearing before the Board may, by motion…

NAC 288.250 Prehearing statement. (NRS 233B.040, 288.110) 1. Not later than 21 days after the service of the answer, unless otherwise ordered by the Board or Commissioner, each party shall file with the Board the prehearing statement of the party which includes: (a) A plain and c…

NAC 288.253 Extension to file certain documents. (NRS 288.110) 1. Upon written stipulation of the parties, the Commissioner may approve a request to extend the time to file any document described in NAC 288.220 to 288.250, inclusive, if the Commissioner determines that the propos…

NAC 288.255 Settlement conference. (NRS 233B.040, 288.110) 1. Except as otherwise provided in subsection 3, the Board may order the parties to participate in a settlement conference upon the motion of any party or its own motion. 2. The Commissioner shall conduct any settlement c…

NAC 288.260 Petition to intervene: Generally. (NRS 233B.040, 288.110) 1. Any person claiming an interest in a dispute or controversy which is the subject of a hearing may be made a party upon timely petition and a showing satisfactory to the Board of the person’s interest in the …

NAC 288.262 Petition to intervene: Filing; response; delay in filing. (NRS 233B.040, 288.110) 1. A petition for leave to intervene and proof of service of a copy of the petition on each party of record must be filed with the Board at least 30 days before the time set for the hear…

NAC 288.265 Limitation on number of interveners. (NRS 288.110) When two or more interveners have substantially the same interests and positions, the Board may limit the number of interveners who will be permitted to cross-examine witnesses, make and argue motions, or make objecti…

NAC 288.270 Form of appeals. (NRS 288.110) The submission of an appeal made pursuant to NRS 288.160 or 288.170 must follow the same form outlined for complaints except that the terms “appeal” and “appellant” must be substituted for “complaint” and “complainant.” [Local Gov’t Empl…

NAC 288.271 Establishment; assignment of members of Board to panel; presiding officer. (NRS 233B.040, 288.090, 288.110) 1. The Commissioner may establish one or more panels as the Commissioner deems necessary. Each panel must be designated “Panel A,” “Panel B” and so forth accord…

NAC 288.2715 Scheduling of meetings of panel; assignment of cases and stipulations to dismiss; assignment of cases involving statewide significance to full Board. (NRS 233B.040, 288.090, 288.110) 1. The Commissioner shall schedule the meetings of each panel in consultation with t…

NAC 288.2718 Split decision: Filing and service of petition for reconsideration by full Board; failure to file timely petition constitutes final decision for purposes of judicial review. (NRS 288.090, 288.110) 1. Any party aggrieved by a split decision of a panel may file a petit…

NAC 288.272 Split decision: Requirements for petition for reconsideration and supporting memorandum of points and authorities; raising of point for first time in petition for reconsideration. (NRS 288.090, 288.110) 1. A petition for reconsideration by the full Board must be suppo…

NAC 288.2725 Split decision: Approval or denial of petition for reconsideration by full Board; oral argument if petition approved; petition for rehearing. (NRS 288.090, 288.110) 1. The full Board will consider a timely petition for reconsideration and may grant or deny it not lat…

NAC 288.273 Prehearing conference. (NRS 288.110) 1. The Board or Commissioner may, upon written notice to all parties of record, hold a prehearing conference to: (a) Formulate or simplify the issues; (b) Obtain admissions of fact which will avoid unnecessary proof; (c) Discuss an…

NAC 288.275 Consolidation. (NRS 288.110) 1. The Board may consolidate two or more cases in any one hearing when it appears that the issues are substantially the same and that the rights of the parties will not be prejudiced by a consolidated hearing. 2. At a consolidated hearing,…

NAC 288.276 Duties of hearing officer; written objection to recommended decision or order; duties of Board. (NRS 233B.040, 288.110) 1. A hearing officer appointed by the Board pursuant to NRS 288.630 to conduct a hearing that the Board is otherwise required to conduct pursuant to…

NAC 288.277 Location; video conference; notice. (NRS 233B.040, 288.110) 1. Hearings may be held at any location in the State that the Board designates in the notice of the hearing. To the extent possible, hearings will be held in the geographical area which is affected by the pro…

NAC 288.278 Representation in contested case. (NRS 233B.040, 288.110) 1. Except as otherwise provided in this subsection, representation before the Board in a contested case is limited to representation in proper person or by an attorney who is licensed to practice law in the Sta…

NAC 288.279 Subpoenas. (NRS 288.110, 288.120) 1. The Chair, or the Vice Chair in the absence of the Chair, may issue a subpoena on behalf of the Board pursuant to NRS 288.120 upon the request of a party to the case or a person who has a pending motion to intervene. 2. If a reques…

NAC 288.280 Examination of witnesses. (NRS 288.110) Witnesses at a hearing must be examined orally under oath, except that for good cause, the Board may permit their testimony to be taken by deposition. [Local Gov’t Employee-Mgt. Rel. Bd., Nos. 3.07 & 3.08, eff. 11-12-71]—(NAC A …

NAC 288.285 Failure of party to appear. (NRS 288.110) If a petitioner, complainant, respondent or intervener fails, without good cause, to appear at the time and place set for hearing, the Board may impose any of the sanctions set forth in NAC 288.373 and may grant or, in the alt…

NAC 288.290 Request for postponement. (NRS 233B.040, 288.110) 1. Any request for the postponement of a scheduled hearing must be in writing and signed by the parties or their counsel. The request must include a statement of the reasons for the requested postponement and must be f…

NAC 288.295 Preliminary procedure. (NRS 288.110) The Board will call the hearing to order, note the appearances of the parties present and act upon any pending motions or petitions. At the discretion of the Board the parties may make opening statements. (Added to NAC by Local Gov…

NAC 288.301 Conduct of hearing. (NRS 288.110) 1. The petitioner or complainant shall present his or her case-in-chief to the Board first followed by the case-in-chief for respondents and others opposing the petition or complaint. 2. Opposing parties will have the opportunity to c…

NAC 288.306 Allowance of oral argument. (NRS 233B.040, 288.110) 1. The Board may, following the filing of briefs or upon contested motions: (a) Set the matter for oral argument upon 14 days written notice to each party of record, unless the Board considers a shorter time advisabl…

NAC 288.310 Closing arguments. (NRS 288.110) A party to the proceedings is entitled to a reasonable period, as determined by the Board, at the close of the hearing for oral argument. [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.11, eff. 11-12-71]—(NAC A 9-30-88)

NAC 288.320 Contemptuous conduct. (NRS 288.110) Contemptuous conduct at a hearing is grounds for exclusion from the hearing. [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.10, eff. 11-12-71]