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House File 41

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 20.3, subsection 1, Code 1997, is
  1  2 amended to read as follows:
  1  3    1.  "Arbitration" means the procedure whereby the parties
  1  4 involved in an impasse submit their differences to a third
  1  5 party for a final and binding decision or as provided in this
  1  6 chapter.
  1  7    Sec. 2.  Section 20.17, subsection 10, Code 1997, is
  1  8 amended to read as follows:
  1  9    10.  The negotiation of a proposed collective bargaining
  1 10 agreement by representatives of a state public employer and a
  1 11 state employee organization shall be complete not later than
  1 12 March 15 of the year when the agreement is to become
  1 13 effective.  The board shall provide, by rule, a date on which
  1 14 any impasse item must be submitted to binding arbitration and
  1 15 for such other procedures as deemed necessary to provide for
  1 16 the completion of negotiations of proposed state collective
  1 17 bargaining agreements not later than March 15.  The date
  1 18 selected for the mandatory submission of impasse items to
  1 19 binding arbitration shall be sufficiently in advance of March
  1 20 15 to insure that the arbitrators' decision can be reasonably
  1 21 made before March 15.
  1 22    Sec. 3.  Section 20.22, subsection 1, Code 1997, is amended
  1 23 to read as follows:
  1 24    1.  If an impasse persists after the findings of fact and
  1 25 recommendations are made public by the fact-finder, the
  1 26 parties may continue to negotiate or, the board shall have the
  1 27 power, upon request of either party, to arrange for
  1 28 arbitration, which shall be binding.  The request for
  1 29 arbitration shall be in writing and a copy of the request
  1 30 shall be served upon the other party.
  1 31    Sec. 4.  Section 20.22, subsection 12, Code 1997, is
  1 32 amended to read as follows:
  1 33    12.  The selections by the panel of arbitrators and items
  1 34 agreed upon by the public employer and the employee
  1 35 organization, shall be deemed to be the collective bargaining
  2  1 agreement between the parties subject to the provisions of
  2  2 section 20.22A.
  2  3    Sec. 5.  Section 20.22, subsection 13, Code 1997, is
  2  4 amended to read as follows:
  2  5    13.  The determination of the panel of arbitrators shall be
  2  6 by majority vote and shall be final and binding subject to the
  2  7 provisions of section 20.17, subsection 6, and section 20.22A.
  2  8 The panel of arbitrators shall give written explanation for
  2  9 its selection and inform the parties of its decision.
  2 10    Sec. 6.  NEW SECTION.  20.22A  STATE EMPLOYEE NEGOTIATIONS.
  2 11    1.  The items of a collective bargaining agreement reached
  2 12 pursuant to this chapter between a public employer and an
  2 13 employee organization representing state employees shall not
  2 14 take effect and the agreement is not final and binding until
  2 15 moneys have been appropriated to fund the collective
  2 16 bargaining agreement at issue.
  2 17    2.  Within ten days following the determination of a
  2 18 collective bargaining agreement on all negotiated items by
  2 19 agreement of the parties or by an arbitration decision, the
  2 20 governor, or the governor's designee, shall inform the general
  2 21 assembly of the amount of the appropriation necessary to fund
  2 22 the collective bargaining agreement.
  2 23    3.  The general assembly shall appropriate funds in any
  2 24 amount up to and including the amount indicated by the
  2 25 governor, or the governor's designee, under subsection 2.  If
  2 26 less than the entire amount indicated by the governor, or the
  2 27 governor's designee, is appropriated by the general assembly,
  2 28 the collective bargaining agreement shall be administered on
  2 29 the basis of the amounts appropriated by and any directions of
  2 30 the general assembly.
  2 31    4.  The general assembly shall make an appropriation as
  2 32 provided by this section prior to the date the collective
  2 33 bargaining agreement is to become effective.
  2 34    5.  A collective bargaining agreement subject to the
  2 35 provisions of this section shall become final and binding upon
  3  1 an appropriation of funds by the general assembly, subject to
  3  2 the provisions of section 20.17, subsection 6.
  3  3    Sec. 7.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  3  4 being deemed of immediate importance, takes effect upon
  3  5 enactment and applies to collective bargaining negotiations
  3  6 that have commenced, but have not been finalized, as of the
  3  7 effective date of this Act, and to all subsequent collective
  3  8 bargaining negotiations commenced after that date.  
  3  9                           EXPLANATION
  3 10    The bill provides that a collective bargaining agreement is
  3 11 not final and binding as to state employees until the general
  3 12 assembly makes an appropriation.  The bill provides that once
  3 13 a collective bargaining agreement is determined between a
  3 14 public employer and an employee organization representing
  3 15 state employees, the governor shall within 10 days inform the
  3 16 general assembly of the money necessary to fund the award.
  3 17 The general assembly shall then appropriate funds, up to and
  3 18 including the amount indicated by the governor, prior to the
  3 19 date the new collective bargaining agreement is to become
  3 20 effective.
  3 21    This bill takes effect upon enactment and applies to
  3 22 negotiations ongoing, but not yet finalized, as of that date,
  3 23 and to all subsequent negotiations commenced after that date.  
  3 24 LSB 1201HH 77
  3 25 ec/cf/24
     

Text: HF00040                           Text: HF00042
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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