Local Government Employee-Management Relations Board issues decision on definition of emergency


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Las Vegas, NV - March 12, 2014

The Nevada Local Government Employee-Management Relations Board yesterday met to conduct a hearing involving two cases addressing the question of whether an alleged budget shortfall constitutes an “emergency” pursuant to NRS 288.150(4). 

 

After deliberations, the Board issued a decision today that found that a financial emergency does not constitute an emergency under the statute. Other matters relating to the cases will be heard on April 22.

 

The two cases brought before the Board originated with action taken by the North Las Vegas City Council on June 1, 2012 which approved a resolution declaring an emergency in the city. Resolution 2475 invoked the terms of NRS 288.150(4) which reads, in part:

 

“…a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.”

 

The resolution affected employees in four public safety bargaining units in the City of North Las Vegas through the suspension of cost of living raises, merit increases, the holiday sellback provisions and uniform allowances.

 

Four employee organizations representing both City of North Las Vegas fire and police officers filed suit in District Court, claiming among other things, that the terms of NRS 288.150(4) do not include financial emergencies. The District Court recently issued a decision in favor of the employee organizations.

 

Additionally, International Association of Firefighters, Local 1607 and North Las Vegas Police Officers Association filed a complaint with EMRB seeking a declaratory order from the Board that the term “emergency” in the statute does not include financial emergencies. 

 

A copy of the Board’s Order will be provided, by request, once finalized. 


About the EMRB

The EMRB is the state agency involved in the process of collective bargaining and labor relations for local government employers, local government employees and employee associations or unions. Created by Nevada Revised Statute 288, the agency provides resolution of unfair labor practices; resolution of issues related to mandatory bargaining subjects; resolution of disputes related to recognition and determinations regarding appropriate bargaining units. In summary, the law governs concerted activities on the part of local government as it relates to the collective bargaining process. The goal of the EMRB is to foster the collective bargaining process, to provide support to those involved in said process, and to settle disputes as they arise in a neutral and timely manner.

 

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