In a significant legislative move, Governor Joe Lombardo signed Senate Bill 161 on Thursday, which aims to clarify the regulations surrounding teacher strikes in Nevada, although it does not change the existing law that prohibits public employees from striking.
The new bill, which was advocated for by the Clark County Education Association, received bipartisan support in the Nevada Legislature, passing with majorities in both the Assembly and Senate.
Senate Bill 161 explicitly delineates that protests and pickets, including those occurring at school board meetings, do not legally constitute a strike under state law.
However, the bill does permit a school district to undertake disciplinary measures against teachers who choose to abandon their responsibilities during school hours to participate in picketing activities.
Furthermore, it allows for the imposition of fines on teachers’ unions or their leaders in the event of a coordinated, district-wide strike.
The legislation aims to clarify the current law that prohibits public employees, such as teachers and first responders, from engaging in strikes.
In exchange for the forfeiture of the right to strike, public employees are provided with the means to engage in collective bargaining, including binding arbitration.
However, John Vellardita, Executive Director of the Clark County Education Association, expressed concerns about the inadequacies of the current arbitration system, citing that the union has been compelled to invoke binding arbitration at least four times in the past twelve years.
According to Vellardita, “Our experience is it’s a tremendous disadvantage to teachers and our organization to try to engage in good faith negotiations to try to reach a collective bargaining agreement.”
He noted that the prolonged negotiations often lead to frustration among teachers, which subsequently causes high turnover rates in the school district due to uncertainty surrounding contract negotiations before the start of the academic year.
In response to these ongoing challenges, the union had placed a ballot initiative on the November 2026 ballot aimed explicitly at removing teachers from the anti-strike provisions in state law.
Following the passage of SB 161, Vellardita announced that the initiative would now be withdrawn, citing the new legislative measure as a step forward.
Governor Lombardo has consistently maintained his opposition to allowing public employees to strike, as he reiterated in an interview with Channel 13.
In January, he stated, “I don’t support it. I don’t support it,” emphasizing that the prohibition against strikes was meant to protect the public interest, a historical perspective that he believes shouldn’t be overlooked.
A spokesperson for Lombardo confirmed that his stance remains unchanged, emphasizing that despite the clarifications provided in SB 161, strikes remain outlawed and essential restrictions on coordinated labor actions and potential fines are still enforced.
The bill also introduces several additional provisions aimed at improving the working conditions for teachers.
For instance, it prohibits school administrators from mandating teachers to work extra hours if their current contracts have expired, yet their terms are still in effect.
Moreover, it aims to simplify the contract negotiation timeline to avoid unwieldy delays that have previously frustrated educators and administrators alike.
Despite its bipartisan support, SB 161 faced criticism from a unique coalition that included both liberal and conservative organizations.
The progressive entity Battle Born Progress and the conservative Nevada Policy organization both voiced their opposition to the bill.
In the legislature, SB 161 passed with votes of 33-9 in the Assembly and 14-6 in the Senate, reflecting a complex interplay of Republican and Democratic perspectives on the issue.
Additionally, the Nevada State Education Association, which rivals the Clark County Education Association, opposed the bill, arguing that its provisions should also extend to other school employees beyond just teachers.
The use of ballot initiatives as leverage in negotiations is not new for the Clark County Education Association.
In 2021, the union had successfully qualified a measure proposing an additional tier in the state’s casino tax.
However, after ongoing discussions, lawmakers agreed to implement a new mining tax, allowing the union to withdraw its gambling tax proposal.
This legal maneuvering was facilitated by a law enabling the authors of initiatives to withdraw their measures provided they offer notice at least 90 days prior to the general election, a stance the Nevada Supreme Court later affirmed despite earlier claims of constitutional limitations.
In conclusion, the signing of SB 161 stands as a pivotal moment for educators in Nevada, addressing longstanding concerns while still reinforcing the limitations on public employee strikes.
image source from：https://www.ktnv.com/news/gov-lombardo-signs-bill-that-allows-teachers-to-go-on-strike-a-move-he-previously-opposed
