There has been a bit of controversy surrounding Senate Bill 98 -- an attempt by some of our "unfriendly" Legislators to rip supervisors (which would include Sergeants, Lieutenants and similar positions) out of their Unions and prohibit them from colletively bargaining in the future.

However, despite what will surely be attempts by some uneducated command staff and Human Resources people to persuade you to the contrary, the fact remains that now, more than ever, these "supervisory" employees remain safely within their collective bargaining units -- and that's where they will stay!

Current NRS 288.075(1)(a), which already defines "supervisory employee" in a way that does not affect the supervisory groups that NAPSO represents, has not been changed. The amended language of SB-98 adds a subsection, which further defines a supervisory employee to include those who are "appointed" by the employer and have authority to do several things such as hire, transfer, suspend, lay off, recall, terminate, promote, discharge, assign, reward or discipline an employee, or responsibility to direct them, adjust their grievances or to recommend such action. Plus, they have to make budgetary decisions and be consulted on decisions relating to collective bargaining for the employer. Moreover, these responsibilities must occupy a significant portion of the person's workday, for them to be considered a supervisory employee and thus prohibited from collectively bargaining.

As a result of SB-98, current NRS 288.140 will be amended to include subsections 4 and 5, which state that supervisory employees that are precluded from union membership include "appointed officials" and "department heads" who are primarily responsible for formulating and administering management, policy and programs. It will also now include physicians and attorneys who are employed by a local government employer.

Finally, as a result of SB-98, NRS 288.150(2) will be amended to add subsection "w," stating that new collective bargaining agreements which exceed 1 year in duration, must include language concerning re-opening the contract if certain financial hardships are demonstrated by the employer.

So, after examining this new legislation (which, as of this writing still hasn't been signed by the Governor), do you think any of you supervisors who are currently in barginaing units, meet the definition of a "supervisory" employee, such that you can no longer be in a bargaining unit?

For NAPSO's members, there shouldn't be any worries. But you can expect that some employers will test these new waters. Rest assured, NAPSO will be there to fight them every step of the way!

Click the following link to read Senate Bill 98:

Download: SB 98.Final.pdf