Nevada Revised Statutes 288.110 – Rules governing various proceedings and procedures; hearing and order; injunction; time for filing complaint or appeal; costs
1. The Board may make rules governing:
Terms Used In Nevada Revised Statutes 288.110
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
(a) Proceedings before it;
(b) Procedures for fact-finding;
(c) The recognition, as defined in NRS 288.136, of employee organizations;
(d) The designation of the exclusive representative of a bargaining unit in accordance with the provisions of NRS 288.520, 288.525 and 288.530; and
(e) The determination of bargaining units.
2. The Board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by the Executive Department, any local government employer, any employee, as defined in NRS 288.425, any local government employee, any employee organization or any labor organization. Except as otherwise provided in this subsection and NRS 288.115, 288.280 and 288.625, the Board shall conduct a hearing within 180 days after it decides to hear a complaint. If a complaint alleges a violation of paragraph (a) of subsection 1 of NRS 288.620 or paragraph (b) of subsection 2 of NRS 288.620, the Board shall conduct a hearing not later than 45 days after it decides to hear the complaint, unless the parties agree to waive this requirement. The Board, after a hearing, if it finds that the complaint is well taken, may order any person or entity to refrain from the action complained of or to restore to the party aggrieved any benefit of which the party has been deprived by that action. Except when an expedited hearing is conducted pursuant to NRS 288.115, the Board shall issue its decision within 120 days after the hearing on the complaint is completed.
3. Any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 2, or the Board at the request of such a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.
4. The Board may not consider any complaint or appeal filed more than 6 months after the occurrence which is the subject of the complaint or appeal.
5. The Board may decide without a hearing a contested matter:
(a) In which all of the legal issues have been previously decided by the Board, if it adopts its previous decision or decisions as precedent; or
(b) Upon agreement of all the parties.
6. The Board may award reasonable costs, which may include attorneys’ fees, to the prevailing party.
7. As used in this section, ‘bargaining unit’ has the meaning ascribed to it in NRS 288.134 or 288.415.