NEVADA ADMINISTRATIVE CODE CHAPTER 284 - STATE PERSONNEL SYSTEM
NRS 284.384 Adjustment of certain grievances: Regulations; appeal to Employee-Management Committee; enforcement of binding decisions of Employee-Management Committee; representation of employee.
NRS 241.033 Meeting to consider character, misconduct, competence or health of person or to consider appeal of results of examination: Written notice to person required; exception; public body required to allow person whose character, misconduct, competence or health is to be considered to attend with representative and to present evidence; attendance of additional persons; copy of record.
NEW Removal of ineligible grievance from procedure.
1. If
the Division of Human Resource Management determines that a request for the
adjustment of a grievance is not eligible for the procedure set forth in NAC
284.658 to 284.6957, inclusive, because the person who submitted the request is
not a person described in subsection 1 of NAC 284.658 or because a hearing is
provided for the grievance pursuant to federal law or NRS 284.165, 284.245,
284.3629, 284.376 or 284.390, the Division must, as soon as practicable:
(a) Remove
the request from the procedure for the adjustment of grievances set forth in
NAC 284.658 to 284.6957, inclusive; and
(b) Provide
to the person who submitted the request and the agency in which the grievance
arose:
(1) Notice
that the Division has determined that the request is not eligible for the
procedure for the adjustment of grievances set forth in NAC 284.658 to
284.6957, inclusive, and an explanation for that determination;
(2) Notice
that the Division has removed the request from the procedure for the adjustment
of grievances set forth in NAC 284.658 to 284.6957, inclusive;
(3) If
applicable, information relating to the appropriate procedure for resolving the
person’s concern; and
(4) Information
relating to the person’s right to appeal the determination to the Committee.
2. If
the Division of Human Resource Management determines that a request for the
adjustment of a grievance is not eligible for the procedure for the adjustment
of grievances set forth in NRS 284.658 to 284.6957, inclusive, the person who
submitted the request may appeal the determination to the Committee.
(Added to NAC by Personnel Comm'n by R076-15, eff. 4-4-2016)
NAC 284.658 “Grievance” defined. (NRS
284.065, 284.155, 284.340, 284.384)
1. As used in NAC 284.341 and 284.658 to 284.697, inclusive, and section 1 of this
regulation, a “grievance” means
an act, omission or occurrence which a permanent classified employee 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 or a contested report on performance. The act,
omission or occurrence must be established with factual information including,
but not limited to, the date, time and place of the act, omission or occurrence
and the names of other persons involved.
2. For the purposes of NAC 284.341 and 284.658 to 284.697,
inclusive, and
section 1 of this regulation, the
term “grievance” does not include any grievance for which a hearing is provided
by federal law or NRS 284.165, 284.245, 284.3629, 284.376 or 284.390.
[Personnel
Div., Rule XV part § A, eff. 8-11-73; A 6-9-74; 2-5-82]—(NAC A by Dep’t of
Personnel, 8-28-85; 10-18-89; 8-1-91; 3-27-92; R082-00, 8-2-2000; A by
Personnel Comm’n by R023-05, 10-31-2005; R007-11, 10-26-2011; R026-11, 12-30-2011,
eff. 1-1-2012; R076-15, 4-4-2016)
NAC 284.662 Providing assistance to
employee. (NRS 284.065, 284.155, 284.384)
1. An
employee filing for a review of a grievance may be assisted or represented by
any person of his or her choosing, if the person agrees to act in this
capacity, at any step of the procedure except the initial informal discussion
with his or her immediate supervisor.
2. If
the assistant is a state employee, he or she may only assist on his or her own
time.
3. An
employee may not be discriminated against in recruitment, examination,
appointment, training, promotion, retention, classification or any other
personnel action for informally seeking or formally filing a request to have
his or her grievance reviewed, testifying on behalf of another employee,
helping another employee prepare a grievance report or acting as a
representative of any employee requesting a review of a grievance.
4. To
assist in resolving an employee’s grievance, the resources and consultation
available from the Division of Human Resource Management and the personnel
offices of the agency must be made available to all parties.
[Personnel
Div., Rule XV part § A, eff. 8-11-73; A 6-9-74; 2-5-82]—(NAC A by Dep’t of
Personnel, 10-26-84; A by Personnel Comm’n by R096-03, 10-30-2003)
NAC 284.678 Submission, form and contents
of grievance; informal discussions. (NRS 284.065, 284.155, 284.340, 284.384)
1. Except as otherwise provided in subsections 3 and 4 and NAC
284.692, an employee who feels aggrieved and wishes to file a formal grievance
must submit the grievance in writing to his or her immediate supervisor on the
official form, or in a letter if the official form is not available, within 20
working days after the date of the event
leading to the grievance or the
date the employee learns of the event
leading to the grievance. The
parties should make every effort to resolve the grievance through informal
discussions within these 20 working days.
2. If the employee submits a letter, it must include:
(a) His or her name;
(b) His or her most recent date of hire;
(c) His or her position;
(d) His or her department, division and section;
(e) His or her mailing address;
(f) His or her business telephone number;
(g) A statement that he or she is filing a formal grievance;
(h) The date, time and place of the event leading to the grievance or the date the employee learns of the event leading to the
grievance;
(i) A concise statement of the grievance;
(j) A detailed description of the grievance, including the names of
other persons involved in the event, if any;
(k) A proposed solution of the grievance;
(l) His or her signature; and
(m) The date he or she signed the statement.
3. Except as otherwise provided in NAC 284.692, if a grievance
relates to a contested report on performance, an employee must file a grievance
that identifies the specific points of contention, if such specificity is
provided, not later than 10 working days after the date the employee receives a
decision regarding the review conducted by the appointing authority pursuant to
NAC 284.470. Except as otherwise provided in NAC 284.692, if the grievance
relates to the failure of a reviewing officer or appointing authority to
respond to a request for a review within the time required by NAC 284.470, an
employee must file a grievance not later than 10 working days after the date on
which the time for such a response expired.
4. A grievance filed pursuant to subsection 3 must be filed with:
(a) The person who is at the next appropriate
level of the grievance process; or
(b) If the person who is at the next
appropriate level of the grievance process is the reviewing officer or other
person who prepared or reviewed the report on performance, the person who is at
the next appropriate level of the grievance process above such reviewing
officer or other person who prepared or reviewed the report on performance.
5. A grievance regarding a report on performance must be filed with
the highest administrator in the department pursuant to NAC 284.690 before
being submitted to the Committee pursuant to NAC 284.695.
[Personnel
Div., Rule XV § A part subsec. 1, eff. 8-11-73; A 6-9-74; 2-5-82]—(NAC A by
Dep’t of Personnel, 10-26-84; 10-18-89; 3-23-94; R197-99, 1-26-2000; A by
Personnel Comm’n by R023-05, 10-31-2005; R191-09, 4-20-2010; R007-11,
10-26-2011; R076-15, 4-4-2016)
NEW Submission of complaint to Employee-Management Committee.
1. If:
(a) An employee is not satisfied with the response by the department or agency or there is no response by the department or agency, pursuant to the employee’s request for reasonable break times and place for the expression of breast milk; or
(b) It is alleged that an officer or employee has retaliated, or directed or encouraged another person to retaliate against an employee pursuant to section 3 of Assembly Bill No. 113, chapter 281, Statutes of Nevada 2017,
the employee may request consideration of a complaint by the Committee pursuant to its
rules.
2. The employee must submit the complaint, on the form provided by the Division of Human Resource Management, to the Committee within 10 working days following his or her receipt of the response from the department or agency, or within 10 working days after the date of the alleged retaliation. If the employee does not receive a response within 8 working days after the complaint was deemed to be received by the department or agency, the employee may submit a complaint pursuant to this section. The complaint must include the specific points of disagreement or contention and supporting evidence. The Committee will, within 28 working days after the receipt of the employee’s request:
(a) Answer the request without a hearing if the case is based upon the Committee’s previous decisions or if the complaint does not fall within its jurisdiction; or
(b) Hold a hearing to determine the proper disposition of the request. If a hearing is held,
the Committee will:
(1) Except as otherwise provided in paragraph (b), provide at least 21 working days’ written notice to all parties concerned.
(2) Provide notice to the employee by:
(I) Sending a written notification by certified mail, return receipt requested, at least 21 working days before the hearing; or
(II) Personally delivering a written notification to the employee at least 5 working days before the hearing, if the Chair approves of such notice.
(3) Render a decision within 10 days after the closure of the hearing.
(c) For the purpose of determining placement on upcoming Committee meetings’ agendas, a complaint has priority over a grievance.
NAC 284.680 Date of receipt of grievance. (NRS
284.065, 284.155, 284.384) For the purposes of NAC 284.682, 284.686 and
284.690, a grievance is deemed to have been received at each step in the
grievance procedure:
1. On
the date on which the employee or his or her chosen representative personally
delivers the grievance, transmits it by facsimile machine or submits it via the
Internet using the Employee Incident Tracking System within the Nevada Employee
Action and Timekeeping System developed by the Division of Human Resource
Management, which is available at https://nvapps.state.nv.us/NEATS/admin/Home.aep;
or
2. If
the employee mails the grievance, 3 days after:
(a) The
date on which the grievance was postmarked; or
(b) The
date on the return receipt if sent by certified mail.
(Added
to NAC by Personnel Comm’n by R065-98, eff. 7-24-98; A by R044-08, 8-26-2008)
NAC 284.682 Appeal of grievance to next
appropriate level. (NRS 284.065, 284.155, 284.384)
1. If
the employee and the employee’s appointing authority agree that the correction
of the matter under appeal is beyond the control of a level of supervision
contemplated in this procedure or if the Administrator or his or her designee,
in consultation with the employee’s appointing authority, determines that the
submission of the grievance to the supervisor would be a useless act, the
aggrieved employee may appeal directly to the next appropriate level.
2. Except
as otherwise provided in NAC 284.692, an employee has 10 working days to refer
his or her grievance to the next level after:
(a) He
or she receives notification of the action; or
(b) The
passage of 10 working days after the grievance is deemed to have been received,
Ê whichever
occurs first, at each step in the procedure.
[Personnel
Div., Rule XV § A part subsec. 1, eff. 8-11-73; A 6-9-74; 2-5-82]—(NAC A by
Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R065-98, 7-24-98;
R023-05, 10-31-2005; R064-09, 10-27-2009)
NAC 284.686 Submission of grievance to head
of division or department. (NRS 284.065, 284.155, 284.384)
1. Except
as otherwise provided in NAC 284.692, if, within 10 working days after the
employee’s grievance is deemed to have been received by his or her immediate
supervisor, the employee has not received satisfactory relief, he or she may
forward the grievance to the head of the major division of the department in
which he or she works. In those cases where a department is not subdivided into
divisions, the employee may forward the request directly to the highest
administrator in the department.
2. Additional
managers or supervisors may become involved or a review committee may make a
recommendation to the highest administrator of the agency.
[Personnel
Div., Rule XV § A subsecs. 2 & 3, eff. 8-11-73; A 6-9-74; 2-5-82]—(NAC A by
Dep’t of Personnel, 10-26-84; A by Personnel Comm’n by R065-98, 7-24-98;
R023-05, 10-31-2005)
NRS 284.068 Employee-Management Committee: Creation; appointment and terms of members.
NRS 284.071 Employee-Management Committee: Chair; rules; meetings; secretarial services.
NRS 284.073 Employee-Management Committee: Duties.
NAC 284.690 Filing of grievance with
highest administrator of department; action by highest administrator. (NRS
284.065, 284.155, 284.340, 284.384)
1. Except
as otherwise provided in NAC 284.692:
(a) If
the employee has not received satisfactory relief within 10 working days after
his or her grievance is deemed to have been received by the head of the
division, he or she may file the grievance with the highest administrator of
the department; and
(b) Within
10 working days after the employee’s grievance is deemed to have been received
by the highest administrator of the department, the highest administrator or
the designee of the highest administrator shall:
(1) Gather
information regarding the grievance;
(2) Render
a decision resolving the grievance, including, without limitation, denying the
grievance; and
(3) Notify
the employee of the resolution.
2. In
rendering a decision concerning a report on performance, an administrator shall
address the findings of fact to the specific points of contention referred to
in the grievance of the employee.
3. Within
the established time limitations, including any extensions to those time
limitations obtained pursuant to NAC 284.692, the highest administrator may
appoint a person or committee composed of managers and employees to assist in
the finding of facts and recommending a course of action.
[Personnel
Div., Rule XV § A subsec. 4, eff. 8-11-73; A 6-9-74; 2-5-82]—(NAC A by Dep’t of
Personnel, 10-26-84; 10-18-89; A by Personnel Comm’n by R065-98, 7-24-98;
R023-05, 10-31-2005; R118-10, 5-5-2011; R007-11, 10-26-2011)
NAC 284.692 Agreement for extension of
time to file grievance or take required action. (NRS 284.065, 284.155,
284.384)
1. Except
as otherwise provided in subsection 3, the time limit for filing a grievance
and for taking any other action required by either party at any step in the
grievance procedure may be extended by the mutual agreement of the employee who
may file the grievance and the appointing authority or his or her designated
representative.
2. An
agreement to an extension of time entered into pursuant to subsection 1 must
be:
(a) Made
in writing on a form prescribed by the Division of Human Resource Management;
and
(b) Signed
by:
(1) The
employee; and
(2) The appointing authority or his or
her designated representative.
3. The
provisions of this section do not apply to a grievance that has been submitted
to the Committee.
(Added
to NAC by Personnel Comm’n by R023-05, eff. 10-31-2005)
NAC 284.695 Submission of grievance to
Employee-Management Committee. (NRS 284.065, 284.155, 284.340, 284.384) If
an employee is not satisfied with the decision rendered by the highest
administrator in the department pursuant to NAC 284.690, the employee may
request consideration of the grievance by the Committee pursuant to its rules.
The employee must submit the request to the Committee within 10 working days
following his or her receipt of the decision from the highest administrator.
The request must include all appropriate documentation, a citation of the
statutes and regulations pertinent to the grievance, if any, the specific
points of disagreement or contention and supporting evidence. The Committee
will, within 45 working days after the receipt of the employee’s request:
1. Answer
the request without a hearing if the case is based upon the Committee’s
previous decisions or does not fall within its jurisdiction; or
2. Hold
a hearing to determine the proper disposition of the request. If a hearing is
held, the Committee will:
(a) Except
as otherwise provided in paragraph (b), provide at least 21 working days’
written notice to all parties concerned.
(b) Provide
notice to the employee by:
(1) Sending
a written notification by certified mail, return receipt requested, at least 21
working days before the hearing; or
(2) Personally
delivering a written notification to the employee at least 5 working days
before the hearing, if the Chair approves of such notice.
(c) Render
a decision within 45 days after the closure of the hearing.
[Personnel
Div., Rule XV § A part subsec. 6, eff. 8-11-73; A 6-9-74; 7-3-76; 2-5-82]—(NAC
A by Dep’t of Personnel, 10-26-84; 7-21-89; 10-18-89; A by Personnel Comm’n,
8-1-91; A by Dep’t of Personnel, 3-27-92; 11-12-93; 3-23-94; 11-16-95; A by
Personnel Comm’n by R118-10, 5-5-2011; R007-11, 10-26-2011)
NAC 284.6952 Request for resolution
conference; appointment of facilitator; effect of request for resolution
conference on jurisdiction of Employee-Management Committee. (NRS 284.065,
284.155, 284.384)
1. If
an employee is not satisfied with the decision rendered by the highest
administrator of the department pursuant to NAC 284.690 and submits a request
for consideration of the grievance by the Committee pursuant to NAC 284.695, the
employee or the highest administrator or his or her designee may request a
resolution conference to meet informally in the presence of a neutral
facilitator to discuss the grievance and possible resolutions.
2. Except
as otherwise provided in this subsection, a request for a resolution conference
may be submitted to the Division at any time after the employee submits his or
her request for consideration of the grievance by the Committee. If the
Committee has notified the parties of the date on which it will hold a hearing
to consider the grievance, the request for a resolution conference may not be
submitted less than 15 working days before that date.
3. Upon
receipt of
a request
for a resolution conference, the Division shall appoint a neutral facilitator to conduct the resolution
conference. The facilitator must not be affiliated with either party.
4. The
submission of a request for a resolution conference does not deprive the
Committee of jurisdiction to consider the grievance if:
(a) The
parties are unable to reach an agreement for the resolution of the grievance at
the resolution conference; or
(b) The
parties reach an agreement for the resolution of the grievance at the
resolution conference, but the employee subsequently notifies the Committee
that the agreement has failed.
(Added
to NAC by Personnel Comm’n by R026-11, 12-30-2011, eff. 1-1-2012)
NAC 284.6955 Hearing before Employee-Management Committee: Procedure. (NRS 284.065, 284.155, 284.384) If a hearing is held to determine the proper disposition of a
grievance pursuant to NAC 284.695, the following procedure must be followed:
1. Each party shall submit to theClerk of the Committee 12
copies of the set of documents and
materials to be presented at the hearing or any rescheduled hearing. These
copies must be submitted not less than 15
working days before the scheduled date of
the hearing. The Clerk
of the Committee shall
forward one copy of the set of the documents and materials of each party to the
other party.
2. If the employee fails to comply with subsection 1, the Chair or a member of the Committee
designated by the Chair may
reschedule the hearing to the next time designated for such hearings, but in no
case earlier than 20 working days after the originally scheduled date of the
hearing. If the employer fails to comply with subsection 1, the Chair or a member of the Committee
designated by the Chair may
reschedule the hearing at his or her discretion. If the employee fails to
comply with the provisions of subsection 1 for a rescheduled hearing, the
grievance must be dismissed with prejudice unless he or she can show in writing
to the Committee’s satisfaction that the reason for noncompliance was beyond
his or her control.
3. Each document or material offered in evidence must be marked as
follows:
(a) Documents or materials presented by the employee must be marked
at the bottom of the page as “Exhibit____” indicated by consecutive Arabic
numerals, beginning with the number “1.”
(b) Documents or materials presented by the employer must be marked
at the bottom of the page as “Exhibit____” indicated by consecutive letters of
the English alphabet, beginning with the letter “A.” If the employer offers
more than 26 exhibits, the 27th exhibit must be marked as “Exhibit AA,” the
28th exhibit as “Exhibit BB,” and so forth.
4. All evidence offered at the hearing must be relevant and bear
upon the grievance.
5. Each person who provides a statement at the hearing shall state
his or her name, address, and occupation for the record.
6. It is the responsibility of each party to arrange for the
appearance of all necessary witnesses. The Committee may request additional
witnesses or information as it deems necessary.
7. If a subpoena is issued for a
document and the person named in the subpoena determines that the document
contains confidential information, the person must provide to the Committee by
the date specified in the subpoena:
(a) Two
copies of the original document, submitted under seal, and
(b) One
copy of the document with the confidential information redacted.
8. For
good cause shown, the Committee may take testimony from a person by telephone
or video conference whether or not the person is at a location designated on
the agenda as a location for the hearing.
9. Upon
proper recognition by the Chair or the
member of the Committee designated to act as the Chair during the hearing, any member of the Committee may ask a question of a party or
witness at any time during the hearing.
(Added
to NAC by Personnel Comm’n, eff. 8-1-91; A by Dep’t of Personnel, 11-16-95; A
by Personnel Comm’n by R026-11, 12-30-2011, eff. 1-1-2012; R076-15, 4-4-2016)
NAC 284.6957 Hearing before
Employee-Management Committee:
Continuance. (NRS 284.065, 284.155, 284.384)
1. A party may request a continuance of a hearing to determine the
proper disposition of a grievance pursuant to NAC 284.695 or request to have a
grievance held in abeyance. The party must submit the request to the Clerk
of the Committee at least 12 working days
before the scheduled hearing, unless the party received personal notice of the
hearing less than 21 working days before the hearing pursuant to subsection 2
of NAC 284.695, in which case he or she may request a continuance as long as
the request is made at least 4 working days before the scheduled hearing.
2. The Chair
or a member of the Committee designated by the Chair may grant a request for a continuance or a request to have a
grievance held in abeyance if good
cause is shown.
(Added
to NAC by Dep’t of Personnel, eff. 3-27-92; A 11-16-95; A by Personnel Comm’n
by R076-15,
4-4-2016)
NAC 284.696 Unlawful discrimination. (NRS
284.065, 284.155, 284.384)
1. An
employee alleging unlawful discrimination based on any pertinent state or federal
law or regulation may:
(a) Report
the alleged discrimination to:
(1) The
division of the Division of Human Resource Management that investigates sexual
harassment and discrimination;
(2) The
Attorney General;
(3) The
employee’s appointing authority;
(4) An
equal employment opportunity officer;
(5) A
personnel representative of the department in which the employee is employed;
or
(6) The
office charged with enforcing affirmative action within the appropriate
university, state college or community college which is part of the Nevada
System of Higher Education;
(b) Except
as otherwise provided in NRS 284.384, use the procedure for the adjustment of a
grievance contained in NAC 284.658 to 284.6957, inclusive; or
(c) File
a complaint with:
(1) The
Nevada Equal Rights Commission pursuant to NRS 613.405; or
(2) The
United States Equal Employment Opportunity Commission.
2. The
appointing authority of an employee who has alleged unlawful discrimination
shall promptly notify the deputy attorney general or staff counsel assigned to
represent the agency of the allegation and the actions which are being
undertaken by the agency to address the allegation.
(Added
to NAC by Dep’t of Personnel, eff. 10-26-84; A 9-16-92; 11-16-95; A by
Personnel Comm’n by R023-05, 10-31-2005; R026-11, 12-30-2011, eff. 1-1-2012)
NAC 284.697 When resolution of grievance
becomes binding. (NRS 284.065, 284.155, 284.384)
1. Except
as otherwise provided in subsection 2, the resolution of a grievance is binding
when:
(a) There
is an agreement between the person filing the grievance and the appointing
authority or the designated representative of the employing agency; or
(b) The
Committee renders a final decision.
2. The
appointing authority or the designated representative of the employing agency
shall submit each proposed resolution of a grievance which has a fiscal effect
to the Budget Division for a determination of whether the resolution is
feasible on the basis of its fiscal effects. The resolution is binding only if
it is so found.
(Added
to NAC by Dep’t of Personnel, eff. 8-28-85; A by Personnel Comm’n by R030-02,
5-2-2002)