What We Do
The Government Employee-Management Relations Board primarily serves to resolve
disputes between local governments, employee organizations (i.e., unions), and
local government employees, and with the passage of SB 135, between certain state employees and the Executive Department of the State of Nevada.
Many of the
disputes revolve around allegations that an entity has committed an unfair
labor practice, which in Nevada is called a prohibited practice. These can
range from bad faith bargaining to non-provision of required information to
claims of retaliation. Nevada is unique in that the EMRB’s enabling statute
also prohibits various forms of discrimination, including discrimination based
on personal reasons or political affiliation. It is not only unions that file
prohibited practice claims against local governments. Some of our claims are
filed by local governments against unions that represent their employees. Other
claims are filed directly by employees against a local government or against
their own union for breaching the duty of fair representation.
The EMRB
also resolves other disputes, including issues over which union is to represent
a particular bargaining unit, the scope of a bargaining unit (i.e., which jobs
are to be within a bargaining unit), and whether any union at all is to be
recognized as representing a group of employees.
Though it is
an administrative agency the EMRB operates much like a court. A formal
complaint is first filed with the agency just like a complaint might be filed
with a court. The respondent then has a certain number of days in which to
either file an answer or else file a motion to dismiss. Once an answer is filed
or else the motion is decided by the Board, the parties then file pre-hearing
statements. Once the pre-hearing statements are filed the case then goes into a
queue of cases waiting for the Board to decide whether to grant a hearing. If
and when a hearing is granted the three-member Board then oversees the hearing
in which witnesses are called and documents are entered into the record as
exhibits. Upon conclusion of the hearing the Board deliberates in closed
session and then announces its decision first verbally and then commits that
decision in writing in the form of an order.
Although
most complainants and respondents are represented by an attorney throughout the
process an individual employee can represent himself or herself. Please note
that unlike other agencies who take claims concerning adverse employment
actions, the EMRB does not do any investigation of a complaint filed with the
agency. Instead, it uses the process as described above.
Other agencies that might be able to help with your particular issue if you are a private company employee, have been hurt on the job or been discriminated against.