Board of Examiners approves two police union contracts; legal questions raised over unsigned MPOA agreement

CARSON CITY — The State of Nevada Board of Examiners on May 29 approved two collective bargaining agreements for police bargaining units, including a $122,083 package for the Nevada Police Officers Association (bargaining unit M) and a $21,155,823 agreement for the Fraternal Order of Police, Nevada CO, Lodge 21 (bargaining unit N).

The agreements were presented by the Department of Administration, Division of Human Resource Management and approved by motions at the special meeting. The board and counsel spent substantial time discussing whether an agreement produced by binding arbitration must be signed by the union to be effective for purposes of Board of Examiners approval and subsequent legislative appropriation.

Why it matters: The agreements carry a combined fiscal impact for the two items on today’s agenda of $21,277,906 for the 2025–27 biennium, according to the governor’s finance office. Board approval is a step before the Legislature may appropriate funds to make the fiscal provisions effective; board members and counsel said the board’s approval affects whether the Legislature considers associated appropriations.

Miss Grenemeyer, speaking for the Department of Administration’s Division of Human Resource Management, told the board the two items were submitted pursuant to NRS 288.555 and that the combined fiscal impact of the two agreements on the agenda was $21,277,906 and that when added to eight agreements approved at the board’s May meeting the total estimated fiscal impact was $342,441,658.

Attorney General Aaron Ford questioned the legal effect of approving an unsigned contract and asked for analysis on the record. Josh Reed, special counsel for labor relations, said the agreement with the Nevada Police Officers Association is the product of signed tentative agreements and a binding arbitration decision and that "most unions don't require ratification after a binding arbitration decision." Reed said the state's executive branch is bound by an arbitration decision but that Board of Examiners approval and legislative appropriation are distinct steps.

"It is binding on the executive department, pursuant to NRS 288, the arbitration decision," Reed told the board. He added that fiscal provisions that require appropriation will not become effective until the Legislature appropriates funds. Reed also said unions have a 90-day window to challenge arbitrators' decisions under the Uniform Arbitration Act.

Attorney General Ford described the situation as "very precarious" but said he was inclined to support approving the MPOA agreement to allow the Legislature the opportunity to appropriate funds. Governor Joe Lombardo voiced concern about approving an unsigned agreement and, during the vote on the Fraternal Order of Police item, recorded a dissent: "I will vote nay as the governor." The board nonetheless approved both agreements.

On item 3(a), the Nevada Police Officers Association (bargaining unit M), the board approved the agreement that the department presented; the recorded motion to approve was made by a meeting participant identified as "Cisco." On item 3(b), the Fraternal Order of Police, Nevada CO, Lodge 21 (bargaining unit N), the attorney general made the motion to approve; the board approved the agreement with the governor recorded as voting no.

Board and counsel noted practical effects and risks: Reed said the Legislature could nonetheless act independently, but hearing testimony from legislative committees suggested appropriations were awaiting BOE approval. Counsel and board members also noted prior litigation in 2021 and 2023 over post-session arbitration awards and appropriations; Reed said courts have upheld that employees do not receive awards if the Legislature does not appropriate funds.

The contracts' pay provisions do not take effect until any required legislative appropriation. Board members emphasized the distinction between an arbitration award binding the executive department and the separate roles of the Board of Examiners and the Nevada Legislature in budget and appropriation decisions.

Following votes and a second public comment period with no speakers, the board adjourned.