NRS 288: Let’s Protect It
(CCEA Express, June/July 2010 issue)

As of late, there has been much attention on Chapter 288 of the Nevada Revised Statute (NRS) by the Nevada State Legislature.  There are those who opine that said chapter must be changed.  The obvious question is why?  Why is changing Chapter 288 so important?

Chapter 288 governs relations between governments and public employees.  Teachers are public employees governed under NRS 288.  NRS 288 allows teachers and other public employees to join an employee organization, i.e. union.  It also requires the local government employer, i.e. the school district, to negotiate in good faith on certain mandatory subjects of bargaining.

In order to maintain this bargaining process, the union must represent a majority of the employees in the bargaining unit.  It is membership that mandates the school district to bargain on subjects such as wages/hours, sick leave, discharge and discipline, grievance and arbitration procedures, safety of the employee, teacher preparation period, materials and supplies for classrooms, and other items.  Without the protection of Chapter 288 the school district would not have to negotiate on these matters and could, potentially, unilaterally change any of these items.  There are politicians that believe that without Chapter 288 public employers could do just that.  Furthermore, the law allows that negotiations or informal discussions are not subject to open meeting laws.  This provision has also come into scrutiny.

Significantly, NRS 288 allows for “impasse.”  If after four negotiations sessions the parties have failed to reach an agreement, either party may declare impasse.  If both parties agree, a mediator can be called to attempt to resolve the issues.  If that does not resolve the issues, the matter goes before an arbitrator and a full hearing is held in which each side provides their last best offer.  The arbitrator has to adopt either the school district’s position or the Association’s position.  The arbitrator has to determine the school district’s ability to pay.  The arbitrator’s award is final and binding.

As one can see from the above, Chapter 288 is crucial in protecting the working conditions of teachers.  It is a protective mechanism that in these troubled budget times prohibits the school district from unilaterally changing wages, hours, vacation, sick leave, etc. In this political climate, never has your membership been more important.