Nev. Admin. Code § 284.6952 - Request for resolution conference; appointment of facilitator; effect of request for resolution conference on jurisdiction of Employee-Management Committee; arrangement

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. If an employee is not satisfied with the response of the department or agency pursuant to NAC 284.5243 and submits a request for consideration of a complaint by the Committee pursuant to NAC 284.6951, the employee or the department or agency or a designee thereof may request a resolution conference to meet informally in the presence of a neutral facilitator to discuss the complaint and possible resolutions.

3. 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 or complaint by the Committee. If the Committee has notified the parties of the date on which it will hold a hearing to consider the grievance or complaint, the request for a resolution conference may not be submitted less than 15 working days before that date.

4. If either party requests a resolution conference, the Division shall appoint a neutral facilitator to conduct the resolution conference and require both parties to participate. The facilitator must not be affiliated with either party.

5. The submission of a request for a resolution conference does not deprive the Committee of jurisdiction to consider the grievance or complaint if:

(a) The parties are unable to reach an agreement for the resolution of the grievance or complaint at the resolution conference;

(b) The parties reach an agreement for the resolution of the grievance or complaint at the resolution conference, but the employee subsequently notifies the Committee that the agreement has failed; or

(c) The Division is unable to arrange a resolution conference as described in subsection 6.

6. Except as otherwise provided in this subsection, if a party to a complaint submits a request for a resolution conference, the Division shall arrange a resolution conference before the scheduled hearing. If the Division is unable to arrange a resolution conference in the period between the request for the resolution conference and the scheduled hearing, the Division shall provide to the Committee, upon request, the reason that the Division was unable to arrange the resolution conference.

Notes

Nev. Admin. Code § 284.6952

Added to NAC by Personnel Comm'n by R026-11, 12-30-2011, eff. 1-1-2012; A by R033-17, 10-31-2017

NRS 281.755, 284.065, 284.155, 284.384