Nevada Revised Statutes 607.162 – Jurisdiction of claim or complaint of claimant covered by terms of collective bargaining agreement
1. Except as otherwise provided in subsection 2, if a claimant is covered by the terms of a collective bargaining agreement that provides the claimant with an exclusive remedy or other relief for a violation of its terms, the Labor Commissioner shall decline to take jurisdiction of the claim or complaint until the remedies, other relief and appeals, if any, provided to the claimant by the terms of the agreement are exhausted.
Terms Used In Nevada Revised Statutes 607.162
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
2. The Labor Commissioner shall take jurisdiction of a claim or complaint described in subsection 1 if the Labor Commissioner determines that the remedies or other relief provided to the claimant by the terms of the collective bargaining agreement are inadequate, unavailable or nonbinding.
3. Upon taking jurisdiction pursuant to subsection 2, the Labor Commissioner shall determine compliance with all labor laws of this State, including, without limitation, the provisions of chapter 608 of NRS.
4. As used in this section, ‘claimant’ means a person who files a claim for wages or other complaint with the Labor Commissioner.