NRS 284.384 Adjustment of certain grievances and complaints: Regulations; appeal to Employee-Management Committee; enforcement of binding decisions of Employee-Management Committee; representation of employee.

384 words·~2 min read·/nv/chapter-284-state-human-resources-system/284-384

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The Commission shall adopt regulations which provide for the adjustment of grievances for which a hearing is not provided by federal law or NRS 284.165 , 284.245 , 284.3629 , 284.376 or 284.390 and complaints filed pursuant to NRS 281.755 . Any grievance for which a hearing is not provided by NRS 284.165 , 284.245 , 284.3629 , 284.376 or 284.390 , or any complaint filed pursuant to NRS 281.755 , is subject to adjustment pursuant to this section.

2. The regulations must provide procedures for:

(a)Consideration and adjustment of the grievance or complaint within the agency in which it arose.

(b)Submission to the Employee-Management Committee for a final decision if the employee is still dissatisfied with the resolution of the dispute.

(c)If requested by an employee or agency, the use of a resolution conference to resolve a grievance or complaint.

3. The regulations must include provisions for:

(a)Submitting each proposed resolution of a dispute which has a fiscal effect to the Budget Division of the Office of Finance for a determination by that Division whether the resolution is feasible on the basis of its fiscal effects; and

(b)Making the resolution binding.

4. Any grievance or complaint which is subject to adjustment pursuant to this section may be appealed to the Employee-Management Committee for a final decision. Except as otherwise provided in subsection 3, a final decision of the Committee is binding. The Committee or an employee may petition a court of competent jurisdiction for enforcement of the Committee’s binding decisions.

5. The employee may represent himself or herself at any hearing regarding a grievance or complaint which is subject to adjustment pursuant to this section or be represented by an attorney or other person of the employee’s own choosing.

6. As used in this section, “grievance” means an act, omission or occurrence which an employee who has attained permanent status feels constitutes an injustice relating to any condition arising out of the relationship between an employer and an employee, including, but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement.