At the April 24, 2024, special meeting of the Board of Regents, the Board voted 8-4 to oppose AB 191, which would enshrine the right to collectively bargain in state law for Nevada System of Higher Education (NSHE) faculty, graduate assistants, and other professional staff. NSHE professionals comprise the largest group of state public employees without collective bargaining rights in statute. To say NFA is disappointed in this outcome is an understatement as this signals that the majority on the Board are opposed to collective bargaining even as they noted “gaps” in current processes that leave workplace conflicts unresolved for both faculty and graduate assistants.

During over 1.5 hours of oral public comments and in written public comments, over 50 graduate assistants and faculty members spoke passionately for the need for collective bargaining to improve employment conditions for academic workers.

Amy Pason, Chair of the NFA Government Relations Committee, stated, “It is ironic that the Regents both decried that problems have gone on so long for both graduate assistants and faculty that we have been advocating for collective bargaining rights for four legislative sessions, but then for Regents to oppose the bill based on not having resources to adequately address workplace harassment and complaints.”

The Regents who voted to oppose AB 191 cited the high fiscal note created by NSHE, and that their fiduciary responsibility demanded them to oppose a bill that would cost the System money in an uncertain budget year. Interim Chancellor Charlton said in the meeting that she stands by the fiscal note even though NFA has documented and rebutted what we see as inflated and unnecessary costs.

Charlton noted that to be able to implement the provisions in AB 191, even if no new bargaining units formed immediately, NSHE would need additional lawyers specializing in labor law to be ready to negotiate any new contracts. NSHE says they need additional human resources personnel to be able to train supervisors on worker’s rights, to onboard new professionals and instruct them on their rights and procedures, and then to be able to address workplace complaints as, for units with bargaining agreements, AB 191 expands the scope of grievance and give access to formalized grievance procedures than what is currently provided for in NSHE policy.

Co-Vice Chair of the NFA Government Relations Committee, Ian M. Hartshorn stated, “This response from NSHE is precisely why we need collective bargaining in the first place. After dozens of public comments about the failure of existing systems and policies, their response was to argue workers should continue to use the same systems and policies.” He added, “NSHE’s lawyers believe that collective bargaining is too costly, we believe the status quo is. Collective bargaining is effective and necessary.”

NFA has noted that NSHE is likely to save money on costly litigation and pay outs from conflicts that escalate. They argue that collective bargaining agreements and access to a third-party arbiter when needed better address workplace grievances.

Kent Ervin, NFA Director of Government Relations, who has worked on NFA’s collective bargaining bill for the last four sessions, underscored that the current internal NSHE policy for collective bargaining applies only for a limited group of faculty to bargain under limited conditions. Ervin argued, “With collective bargaining for faculty only allowed through an internal policy of the Board of Regents, NSHE management and management lawyers control the interpretation and the ground rules for bargaining. That is a clear conflict of interest. ”

Although NSHE Deputy General Counsel Carrie Parker noted differences between AB191 and NSHE’s internal regulations at the meeting, NSHE has not submitted amendments to correct any deficiencies it perceives in AB191. The Board of Regents has now taken a position in opposition to AB191 without seeking amendment, even if the bill is revised to include a funding appropriation when it is heard by the Assembly Committee on Ways & Means.

NFA maintains that NSHE professionals deserve equal rights to other state public employees and only AB 191 can achieve that.