HF 2115 (LSB 5152YH (3) 86)

HOUSE FILE 2115

BY  WILLS

A BILL FOR

An Act prohibiting compensation for employment organization activities under public employee collective bargaining agreements and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 20.3, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Employment organization activities” means activities that are performed by an employment organization or members or representatives of an employment organization that relate to advocating the interests of employees represented by the employment organization regarding wages, hours, benefits, or other terms and conditions of employment, or the enforcement, fulfillment, or advancement of the organizational purposes, obligations, external relations, or internal policies and procedures of the employment organization.
    Sec. 2.  NEW SECTION.  20.9A  Compensation for employment organization activities prohibited.
   1.  A public employer shall not enter into a collective bargaining agreement pursuant to this chapter that requires or authorizes the public employer to compensate any public employee or person for employment organization activities. A provision of any collective bargaining agreement entered into pursuant to this chapter that requires or authorizes a public employer to compensate any public employee or person for employment organization activities is void as contrary to public policy.
   2.  Any taxpayer to or citizen of this state may file a complaint with the board pursuant to section 20.10, subsection 2, paragraph “i”, and section 20.11 alleging a violation of this section.
   3.  This section shall not be construed to prohibit a public employee from using compensated leave time for any personal purpose, if the public employee is not provided compensated leave time to compensate the public employee for performing employment organization activities.
    Sec. 3.  Section 20.10, subsection 2, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  Violate section 20.9A.
    Sec. 4.  APPLICABILITY.  This Act applies to collective bargaining agreements entered into on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill prohibits a public employer from entering into a collective bargaining agreement pursuant to Code chapter 20, the “Public Employment Relations Act”, that requires or authorizes the public employer to compensate any public employee or person for employment organization activities. The bill provides that a provision of any collective bargaining agreement that requires or authorizes a public employer to compensate any public employee or person for employment organization activities is void as contrary to public policy.
   The bill defines “employment organization activities” as activities that are performed by an employment organization or members or representatives of an employment organization that relate to advocating the interests of employees represented by the employee organization regarding wages, hours, benefits, or other terms and conditions of employment, or the enforcement, fulfillment, or advancement of the organizational purposes, obligations, external relations, or internal policies and procedures of the employment organization.
   A violation of the bill is a prohibited practice and subject to enforcement by the public employment relations board. The bill permits any taxpayer to or citizen of Iowa to file a complaint with the board alleging such a violation.
   The bill shall not be construed to prohibit a public employee from receiving compensated leave time for any personal purpose, if the public employee is not provided compensated leave time for performing employment organization activities.
   The bill applies to collective bargaining agreements entered into on or after the effective date of the bill.