Text: HF00040 Text: HF00042 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 afinal and bindingdecision 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 tobindingarbitration 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 19bindingarbitration 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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