Senate File 419 - Introduced SENATE FILE 419 BY CHELGREN A BILL FOR An Act relating to strikes and disputes arising in public 1 employment, making penalties applicable, and including 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1474XS (2) 86 je/rj
S.F. 419 Section 1. Section 8A.415, Code 2015, is amended to read as 1 follows: 2 8A.415 Grievances and discipline resolution. 3 1. Grievances. 4 a. An employee, except an employee covered by a collective 5 bargaining agreement which provides otherwise, who has 6 exhausted the available agency steps in the uniform grievance 7 procedure provided for in the department rules may, within 8 seven five calendar days following the date a decision was 9 received or should have been received at the second step of the 10 grievance procedure, file the grievance at the third step with 11 the director. The director shall respond within thirty five 12 calendar days following receipt of the third step grievance. 13 b. If not satisfied, the employee may, within thirty 14 five calendar days following the director’s response, file 15 an appeal with the public employment relations board. The 16 hearing shall be conducted in accordance with the rules of the 17 public employment relations board and the Iowa administrative 18 procedure Act, chapter 17A . Decisions rendered shall be based 19 upon a standard of substantial compliance with this subchapter 20 and the rules of the department. Decisions by the public 21 employment relations board constitute final agency action. 22 c. For purposes of this subsection , “uniform grievance 23 procedure” does not include procedures for discipline and 24 discharge. 25 2. Discipline resolution. 26 a. A merit system employee, except an employee covered 27 by a collective bargaining agreement, who is discharged, 28 suspended, demoted, or otherwise receives a reduction in pay, 29 except during the employee’s probationary period, may bypass 30 steps one and two of the grievance procedure and appeal the 31 disciplinary action to the director within seven five calendar 32 days following the effective date of the action. The director 33 shall respond within thirty five calendar days following 34 receipt of the appeal. 35 -1- LSB 1474XS (2) 86 je/rj 1/ 8
S.F. 419 b. If not satisfied, the employee may, within thirty five 1 calendar days following the director’s response, file an appeal 2 with the public employment relations board. The employee has 3 the right to a hearing closed to the public, unless a public 4 hearing is requested by the employee. The hearing shall 5 otherwise be conducted in accordance with the rules of the 6 public employment relations board and the Iowa administrative 7 procedure Act, chapter 17A . If the public employment relations 8 board finds that the action taken by the appointing authority 9 was for political, religious, racial, national origin, sex, 10 age, or other reasons not constituting just cause, the employee 11 may be reinstated without loss of pay or benefits for the 12 elapsed period, or the public employment relations board may 13 provide other appropriate remedies. Decisions by the public 14 employment relations board constitute final agency action. 15 Sec. 2. Section 20.1, subsection 1, Code 2015, is amended 16 to read as follows: 17 1. The general assembly declares that it is the public 18 policy of the state to promote harmonious and cooperative 19 relationships between government and its employees by 20 permitting public employees to organize and bargain 21 collectively; to protect the citizens of this state by assuring 22 effective and orderly operations of government in providing 23 for their health, safety, and welfare; to prohibit and prevent 24 all strikes by public employees; and to protect the rights of 25 public employees to join or refuse to join, and to participate 26 in or refuse to participate in, employee organizations. 27 Sec. 3. Section 20.10, subsection 2, Code 2015, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . i. Violate section 20.12. 30 Sec. 4. Section 20.10, subsection 3, paragraphs e and h, 31 Code 2015, are amended by striking the paragraphs. 32 Sec. 5. Section 20.11, subsections 1 and 4, Code 2015, are 33 amended to read as follows: 34 1. Proceedings against a party alleging a violation of 35 -2- LSB 1474XS (2) 86 je/rj 2/ 8
S.F. 419 section 20.10 shall be commenced by filing a complaint with the 1 board within ninety five days of the alleged violation, causing 2 a copy of the complaint to be served upon the accused party. 3 The accused party shall have ten five days within which to file 4 a written answer to the complaint. However, the board may 5 conduct a preliminary investigation of the alleged violation, 6 and if the board determines that the complaint has no basis in 7 fact, the board may dismiss the complaint. The board shall 8 promptly thereafter set a time and place for hearing in the 9 county where the alleged violation occurred, provided, however, 10 that the presiding officer may conduct the hearing through the 11 use of technology from a remote location. The parties shall 12 be permitted to be represented by counsel, summon witnesses, 13 and request the board to subpoena witnesses on the requester’s 14 behalf. Compliance with the technical rules of pleading and 15 evidence shall not be required. 16 4. The board shall file its findings of fact and conclusions 17 of law within sixty five days of the close of any hearing, 18 receipt of the transcript, or submission of any briefs. 19 If the board finds that the party accused has committed a 20 prohibited practice, the board may, within thirty five days 21 of its decision, enter into a consent order with the party 22 to discontinue the practice, or after the thirty five days 23 following the decision may petition the district court for 24 injunctive relief pursuant to rules of civil procedure 1.1501 25 to 1.1511. 26 Sec. 6. Section 20.12, Code 2015, is amended by striking the 27 section and inserting in lieu thereof the following: 28 20.12 Pay and benefits during strikes prohibited. 29 A public employee shall not be entitled to pay or benefits 30 from a public employer for any period of time in which the 31 public employee participates in a strike. A public employer 32 shall not provide such a public employee with such pay or 33 benefits. 34 Sec. 7. Section 20.18, Code 2015, is amended by adding the 35 -3- LSB 1474XS (2) 86 je/rj 3/ 8
S.F. 419 following new subsection: 1 NEW SUBSECTION . 1A. The time period permitted for each 2 action, other than actions involving a court, by a party or 3 decision maker, other than a court, relating to the grievance 4 resolution process in a collective bargaining agreement, 5 including but not limited to the filing of complaints and 6 answers, the conduct of hearings and appeals, and the issuance 7 of administrative decisions shall not exceed five calendar 8 days. 9 Sec. 8. Section 279.15, subsection 2, paragraph c, Code 10 2015, is amended to read as follows: 11 c. Within five days of the receipt of the written notice 12 that the superintendent is recommending termination of the 13 contract, the teacher may request, in writing to the secretary 14 of the board, a private hearing with the board. The private 15 hearing shall not be subject to chapter 21 and shall be 16 held no sooner than ten days and no later than twenty five 17 days following the receipt of the request unless the parties 18 otherwise agree. The secretary of the board shall notify 19 the teacher in writing of the date, time, and location of 20 the private hearing, and at least five three days before the 21 hearing shall also furnish to the teacher any documentation 22 which may be presented to the board at the private hearing 23 and a list of persons who may address the board in support of 24 the superintendent’s recommendation at the private hearing. 25 At least three days before the hearing, the teacher shall 26 provide any documentation the teacher expects to present at 27 the private hearing, along with the names of any persons who 28 may address the board on behalf of the teacher. This exchange 29 of information shall be at the time specified unless otherwise 30 agreed. 31 Sec. 9. Section 279.17, subsections 1, 4, 5, and 7, Code 32 2015, are amended to read as follows: 33 1. If the teacher is no longer a probationary teacher, the 34 teacher may, within ten five days, appeal the determination of 35 -4- LSB 1474XS (2) 86 je/rj 4/ 8
S.F. 419 the board to an adjudicator by filing a notice of appeal with 1 the secretary of the board. The notice of appeal shall contain 2 a concise statement of the action which is the subject of the 3 appeal, the particular board action appealed from, the grounds 4 on which relief is sought and the relief sought. 5 4. a. Within thirty five days after filing the notice of 6 appeal, or within further time allowed by the adjudicator, 7 the board shall transmit to the adjudicator the original or 8 a certified copy of the entire record of the private hearing 9 which may be the subject of the petition. By stipulation 10 of the parties to review the proceedings, the record of the 11 case may be shortened. The adjudicator may require or permit 12 subsequent corrections or additions to the shortened record. 13 b. The record certified and filed by the board shall be the 14 record upon which the appeal shall be heard and no additional 15 evidence shall be heard by the adjudicator. In such appeal to 16 the adjudicator, especially when considering the credibility 17 of witnesses, the adjudicator shall give weight to the fact 18 findings of the board; but shall not be bound by them. 19 5. Before the date set for hearing a petition for review 20 of board action, which shall be within ten five days after 21 receipt of the record unless otherwise agreed or unless the 22 adjudicator orders additional evidence be taken before the 23 board, application may be made to the adjudicator for leave to 24 present evidence in addition to that found in the record of the 25 case. If it is shown to the adjudicator that the additional 26 evidence is material and that there were good reasons for 27 failure to present it in the private hearing before the board, 28 the adjudicator may order that the additional evidence be taken 29 before the board upon conditions determined by the adjudicator. 30 The board may modify its findings and decision in the case by 31 reason of the additional evidence and shall file that evidence 32 and any modifications, new findings, or decisions, with the 33 adjudicator and mail copies of the new findings or decisions 34 to the teacher. 35 -5- LSB 1474XS (2) 86 je/rj 5/ 8
S.F. 419 7. The adjudicator shall, within fifteen five days after the 1 hearing, make a decision and shall give a copy of the decision 2 to the teacher and the secretary of the board. The decision 3 of the adjudicator shall become the final and binding decision 4 of the board unless either party within ten five days notifies 5 the secretary of the board that the decision is rejected. The 6 board may reject the decision by majority vote, by roll call, 7 in open meeting and entered into the minutes of the meeting. 8 The board shall immediately notify the teacher of its decision 9 by certified mail. The teacher may reject the adjudicator’s 10 decision by notifying the board’s secretary in writing within 11 ten five days of the filing of such decision. 12 Sec. 10. Section 279.18, subsection 1, Code 2015, is amended 13 to read as follows: 14 1. If either party rejects the adjudicator’s decision, 15 the rejecting party shall, within thirty five days of the 16 initial filing of such decision, appeal to the district court 17 of the county in which the administrative office of the school 18 district is located. The notice of appeal shall be immediately 19 mailed by certified mail to the other party. The adjudicator 20 shall transmit to the reviewing court the original or a 21 certified copy of the entire record which may be the subject 22 of the petition. By stipulation of all parties to the review 23 proceedings, the record of such a case may be shortened. A 24 party unreasonably refusing to stipulate to limit the record 25 may be taxed by the court for the additional cost. The court 26 may require or permit subsequent corrections or additions to 27 the shortened record. 28 Sec. 11. Section 400.20, Code 2015, is amended to read as 29 follows: 30 400.20 Appeal. 31 The suspension, demotion, or discharge of a person holding 32 civil service rights may be appealed to the civil service 33 commission within fourteen five calendar days after the 34 suspension, demotion, or discharge. 35 -6- LSB 1474XS (2) 86 je/rj 6/ 8
S.F. 419 Sec. 12. Section 400.22, Code 2015, is amended to read as 1 follows: 2 400.22 Charges. 3 Within fourteen five calendar days from the service of the 4 notice of appeal, the person or body making the ruling appealed 5 from shall file with the body to which the appeal is taken a 6 written specification of the charges and grounds upon which the 7 ruling was based. If the charges are not filed, the person 8 suspended or discharged may present the matter to the body to 9 whom the appeal is to be taken by affidavit, setting forth the 10 facts, and the body to whom the appeal is to be taken shall 11 immediately enter an order reinstating the person suspended or 12 discharged for want of prosecution. 13 Sec. 13. Section 400.23, Code 2015, is amended to read as 14 follows: 15 400.23 Time and place of hearing. 16 Within ten five days after such specifications are filed, 17 the commission shall fix the time, which shall be not less than 18 five nor more than twenty five days thereafter, and place for 19 hearing the appeal and shall notify the parties in writing of 20 the time and place so fixed, and the notice shall contain a 21 copy of the specifications so filed. 22 Sec. 14. APPLICABILITY. This Act applies to collective 23 bargaining agreements entered into on or after the effective 24 date of this Act. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill strikes language in Code chapter 20, the public 29 employment relations Act, prohibiting strikes by public 30 employees. The bill provides that a public employee shall 31 not be entitled to pay or benefits from a public employer for 32 any period of time in which the public employee participates 33 in a strike. The bill prohibits a public employer from 34 providing such a public employee with such pay or benefits. 35 -7- LSB 1474XS (2) 86 je/rj 7/ 8
S.F. 419 The bill provides that a violation of the prohibition by a 1 public employer is a prohibited practice under Code chapter 20 2 and subject to the remedies provided in Code chapter 20 for 3 prohibited practices. 4 The bill provides that the time period permitted for each 5 action, other than actions involving a court, by a party or 6 decision maker, other than a court, relating to the grievance 7 resolution process in a collective bargaining agreement, 8 including but not limited to the filing of complaints and 9 answers, the conduct of hearings and appeals, and the issuance 10 of administrative decisions shall not exceed five calendar 11 days. 12 The bill reduces the statutory time periods for various 13 steps in dispute resolution processes for public employees to 14 five calendar days. 15 The bill applies to collective bargaining agreements entered 16 into on or after the effective date of the bill. 17 -8- LSB 1474XS (2) 86 je/rj 8/ 8