It is an employee’s legally protected right to organize and form a union. The National Labor Relations Act clearly states: "Employees shall have the right to self-organization, to form, to join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection." And the State Labor Relations Act contains similar language to protect state employees.
It is illegal for an employer to stand in the way of employees exercising their rights to organize. Your rights are clear. Management cannot lawfully:
- Fire, threaten to fire, discriminate against, or punish employees in any way for union activity
- Bar employees from discussing the union with co-workers during non-working hours
- Ask employees about the union, union meetings, or any other questions pertaining to the organizing and administration of your union
- Coerce employees by changing or threatening to change wages, hours of work, shifts, overtime or any other conditions of work
When a state employee receives an annual evaluation, the employee does not have to sign off on the evaluation when it is received by the employee. Per NAC 284.470, an employee has 10 work days from the date the evaluation was received to review and/or respond to the evaluation before submitting it back to the supervisor. This 10 work day period allows the employee the option to agree or disagree, to request a review of the performance ratings or to simply respond to the evaluation.
Should any member want to know more about their rights as a State of Nevada employee, please contact your local AFSCME Local 4041 office immediately.