Las Vegas, NV - March 12, 2014
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).
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.
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.”
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
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.
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
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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