288.160 - Recognition of employee organization: Application for and withdrawal of recognition; exclusive bargaining agent; election.
288.160 Recognition of employee organization: Application for and withdrawal of recognition; exclusive bargaining agent; election.
1. An employee organization may apply to a local government employer for recognition by presenting:
(a) A copy of its constitution and bylaws, if any;
(b) A roster of its officers, if any, and representatives; and
(c) A pledge in writing not to strike against the local government employer under any circumstances.
Ê A local government employer shall not recognize as representative of its employees any employee organization which has not adopted, in a manner valid under its own rules, the pledge required by paragraph (c).
2. If an employee organization, at or after the time of its application for recognition, presents a verified membership list showing that it represents a majority of the employees in a bargaining unit, and if the employee organization is recognized by the local government employer, it shall be the exclusive bargaining agent of the local government employees in that bargaining unit.
3. A local government employer may withdraw recognition from an employee organization which:
(a) Fails to present a copy of each change in its constitution or bylaws, if any, or to give notice of any change in the roster of its officers, if any, and representatives;
(b) Disavows its pledge not to strike against the local government employer under any circumstances;
(c) Ceases to be supported by a majority of the local government employees in the bargaining unit for which it is recognized; or
(d) Fails to negotiate in good faith with the local government employer,
Ê if it first receives the written permission of the Board.
4. If the Board in good faith doubts whether any employee organization is supported by a majority of the local government employees in a particular bargaining unit, it may conduct an election by secret ballot upon the question. Subject to judicial review, the decision of the Board is binding upon the local government employer and all employee organizations involved.
5. The parties may agree in writing, without appealing to the Board, to hold a representative election to determine whether an employee organization represents the majority of the local government employees in a bargaining unit. Participation by the Board and its staff in an agreed election is subject to the approval of the Board.
(Added to NRS by 1969, 1378; A 1971, 1504; 1975, 921; 1977, 1366; 1983, 1624)