Text: S03094                            Text: S03096
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3095

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-3085, to Senate File 313 as
  1  2 follows:
  1  3    #1.  Page 1, by inserting after line 3 the
  1  4 following:
  1  5    "Section 1.  Section 20.1, subsection 7, Code 2003,
  1  6 is amended to read as follows:
  1  7    7.  Assisting the attorney general in the
  1  8 preparation of Preparing legal briefs and the
  1  9 presentation of presenting oral arguments in the
  1 10 district court, the court of appeals, and the supreme
  1 11 court in cases affecting the board.
  1 12    Sec.    .  Section 20.1, Code 2003, is amended by
  1 13 adding the following new subsection:
  1 14    NEW SUBSECTION.  8.  Providing mediators to assist
  1 15 in the resolution of grievances arising under
  1 16 collective bargaining and providing training and
  1 17 facilitation for cooperative alternative bargaining
  1 18 and dispute resolution processes at the discretion of
  1 19 the board and upon joint request of the parties
  1 20 involved.
  1 21    Sec.    .  Section 20.3, subsection 4, Code 2003,
  1 22 is amended to read as follows:
  1 23    4.  "Employee organization" means an organization
  1 24 of any kind in which public employees participate and
  1 25 which exists for the primary purpose of representing
  1 26 public employees in their employment relations.
  1 27    Sec.    .  Section 20.5, subsection 5, Code 2003,
  1 28 is amended to read as follows:
  1 29    5.  Members of the board and other employees of the
  1 30 board shall be allowed their actual and necessary
  1 31 expenses incurred in the performance of their duties.
  1 32 All expenses and salaries shall be paid from
  1 33 appropriations for such purposes and the board shall
  1 34 be subject to the budget requirements of chapter 8."
  1 35    #2.  Page 1, by inserting after line 12 the
  1 36 following:
  1 37    "Sec.    .  Section 20.6, subsection 3, Code 2003,
  1 38 is amended to read as follows:
  1 39    3.  Establish minimum qualifications for
  1 40 arbitrators, fact-finders, and mediators, establish
  1 41 procedures for appointing, maintaining, and removing
  1 42 from a list persons representative of the public to be
  1 43 available to serve as arbitrators, fact-finders, and
  1 44 mediators, and establish compensation rates for
  1 45 arbitrators, fact-finders, and mediators.
  1 46    Sec.    .  Section 20.10, subsection 2, paragraph
  1 47 f, Code 2003, is amended to read as follows:
  1 48    f.  Deny the rights accompanying certification or
  1 49 exclusive recognition granted in this chapter.
  1 50    Sec.    .  Section 20.10, subsection 3, paragraph
  2  1 b, Code 2003, is amended to read as follows:
  2  2    b.  Interfere, restrain, or coerce a public
  2  3 employer with respect to rights granted in this
  2  4 chapter or with respect to selecting a representative
  2  5 for the purposes of negotiating collectively on or the
  2  6 adjustment of grievances.
  2  7    Sec.    .  Section 20.10, subsection 3, paragraph
  2  8 f, Code 2003, is amended to read as follows:
  2  9    f.  Violate the provisions of sections 732.1 to
  2 10 732.3, which are hereby made applicable to public
  2 11 employers, public employees and public employee
  2 12 organizations.
  2 13    Sec.    .  Section 20.10, subsection 4, Code 2003,
  2 14 is amended to read as follows:
  2 15    4.  The expressing of any views, argument or
  2 16 opinion, or the dissemination thereof, whether orally
  2 17 or in written, printed, graphic, or visual form, shall
  2 18 not constitute or be evidence of any unfair labor
  2 19 prohibited practice under any of the provisions of
  2 20 this chapter, if such expression contains no threat of
  2 21 reprisal or force or promise of benefit.
  2 22    Sec.    .  Section 20.11, subsections 1, 2, and 3,
  2 23 Code 2003, are amended to read as follows:
  2 24    1.  Proceedings against a party alleging a
  2 25 violation of section 20.10, shall be commenced by
  2 26 filing a complaint with the board within ninety days
  2 27 of the alleged violation causing a copy of the
  2 28 complaint to be served upon the accused party in the
  2 29 manner of an original notice as provided in this
  2 30 chapter.  The accused party shall have ten days within
  2 31 which to file a written answer to the complaint.
  2 32 However, the board may conduct a preliminary
  2 33 investigation of the alleged violation, and if the
  2 34 board determines that the complaint has no basis in
  2 35 fact, the board may dismiss the complaint.  The board
  2 36 shall promptly thereafter set a time and place for
  2 37 hearing in the county where the alleged violation
  2 38 occurred, provided, however, that the presiding
  2 39 officer may conduct the hearing through the use of
  2 40 technology from a remote location.  The parties shall
  2 41 be permitted to be represented by counsel, summon
  2 42 witnesses, and request the board to subpoena witnesses
  2 43 on the requester's behalf.  Compliance with the
  2 44 technical rules of pleading and evidence shall not be
  2 45 required.
  2 46    2.  The board may designate one of its members, an
  2 47 administrative law judge, or any other qualified
  2 48 person employed by the board to conduct serve as the
  2 49 presiding officer at the hearing.  The administrative
  2 50 law judge presiding officer has the powers as may be
  3  1 exercised by the board for conducting the hearing and
  3  2 shall follow the procedures adopted by the board for
  3  3 conducting the hearing.  The proposed decision of the
  3  4 administrative law judge presiding officer may be
  3  5 appealed to the board and the board may hear the case
  3  6 de novo or upon the record as submitted before the
  3  7 administrative law judge, utilizing procedures
  3  8 governing appeals to the district court in this
  3  9 section so far as applicable, or reviewed on motion of
  3 10 the board, in accordance with the provisions of
  3 11 chapter 17A.
  3 12    3.  The board shall appoint a certified shorthand
  3 13 reporter to report the proceedings and the board shall
  3 14 fix the reasonable amount of compensation for such
  3 15 service, and for any transcript requested by the
  3 16 board, which amount amounts shall be taxed as other
  3 17 costs.
  3 18    Sec.    .  Section 20.13, subsections 2 and 3, Code
  3 19 2003, are amended to read as follows:
  3 20    2.  Within thirty days of receipt of a petition or
  3 21 notice to all interested parties if on its own
  3 22 initiative, the board shall conduct a public hearing,
  3 23 receive written or oral testimony, and promptly
  3 24 thereafter file an order defining the appropriate
  3 25 bargaining unit.  In defining the unit, the board
  3 26 shall take into consideration, along with other
  3 27 relevant factors, the principles of efficient
  3 28 administration of government, the existence of a
  3 29 community of interest among public employees, the
  3 30 history and extent of public employee organization,
  3 31 geographical location, and the recommendations of the
  3 32 parties involved.
  3 33    3.  Appeals from such order shall be governed by
  3 34 appeal provisions provided in section 20.11 the
  3 35 provisions of chapter 17A.
  3 36    Sec.    .  Section 20.14, subsection 2, paragraph
  3 37 a, Code 2003, is amended to read as follows:
  3 38    a.  The employee organization has submitted a
  3 39 request to a public employer to bargain collectively
  3 40 with on behalf of a designated group of public
  3 41 employees.
  3 42    Sec.    .  Section 20.14, subsection 6, Code 2003,
  3 43 is amended by striking the subsection.
  3 44    Sec.    .  Section 20.15, subsections 1, 2, and 6,
  3 45 Code 2003, are amended to read as follows:
  3 46    1.  Upon the filing of a petition for certification
  3 47 of an employee organization, the board shall submit a
  3 48 question to the public employees at an election in an
  3 49 the appropriate bargaining unit.  The question on the
  3 50 ballot shall permit the public employees to vote for
  4  1 no bargaining representation or for any employee
  4  2 organization which has petitioned for certification or
  4  3 which has presented proof satisfactory to the board of
  4  4 support of ten percent or more of the public employees
  4  5 in the appropriate unit.
  4  6    2.  If a majority of the votes cast on the question
  4  7 is for no bargaining representation, the public
  4  8 employees in the bargaining unit shall not be
  4  9 represented by an employee organization.  If a
  4 10 majority of the votes cast on the question is for a
  4 11 listed employee organization, then the that employee
  4 12 organization shall represent the public employees in
  4 13 an appropriate the bargaining unit.
  4 14    6.  A petition for certification as an exclusive
  4 15 bargaining representative, or a petition for
  4 16 decertification of a certified bargaining
  4 17 representative, shall not be considered by the board
  4 18 for a period of one year from the date of the
  4 19 certification or noncertification of an employee
  4 20 organization as an exclusive bargaining representative
  4 21 or.  The board shall also not consider a petition for
  4 22 decertification of an exclusive bargaining
  4 23 representative during the duration of a collective
  4 24 bargaining agreement which, for purposes of this
  4 25 section, shall be deemed not to exceed two years.  A
  4 26 collective bargaining agreement with the state, its
  4 27 boards, commissions, departments, and agencies shall
  4 28 be for two years and the provisions of a collective
  4 29 bargaining agreement except agreements agreed to or
  4 30 tentatively agreed to prior to July 1, 1977, or
  4 31 arbitrators' arbitrator's award affecting state
  4 32 employees shall not provide for renegotiations which
  4 33 would require the refinancing of salary and fringe
  4 34 benefits for the second year of the term of the
  4 35 agreement, except as provided in section 20.17,
  4 36 subsection 6, and the effective date of any such
  4 37 agreement shall be July 1 of odd-numbered years,
  4 38 provided that if an exclusive bargaining
  4 39 representative is certified on a date which will
  4 40 prevent the negotiation of a collective bargaining
  4 41 agreement prior to July 1 of odd-numbered years for a
  4 42 period of two years, the certified collective
  4 43 bargaining representative may negotiate a one-year
  4 44 contract with a public employer which shall be
  4 45 effective from July 1 of the even-numbered year to
  4 46 July 1 of the succeeding odd-numbered year when new
  4 47 contracts shall become effective.  However, if a
  4 48 petition for decertification is filed during the
  4 49 duration of a collective bargaining agreement, the
  4 50 board shall award an election under this section not
  5  1 more than one hundred eighty days nor less than one
  5  2 hundred fifty days prior to the expiration of the
  5  3 collective bargaining agreement.  If an employee
  5  4 organization is decertified, the board may receive
  5  5 petitions under section 20.14, provided that no such
  5  6 petition and no election conducted pursuant to such
  5  7 petition within one year from decertification shall
  5  8 include as a party the decertified employee
  5  9 organization."
  5 10    #3.  Page 1, by inserting after line 50 the
  5 11 following:
  5 12    "Sec.    .  Section 20.17, subsection 3, Code 2003,
  5 13 is amended to read as follows:
  5 14    3.  Negotiating sessions, strategy meetings of
  5 15 public employers or employee organizations, mediation
  5 16 and the deliberative process of arbitrators an
  5 17 arbitrator shall be exempt from the provisions of
  5 18 chapter 21.  However, the employee organization shall
  5 19 present its initial bargaining position to the public
  5 20 employer at the first bargaining session.  The public
  5 21 employer shall present its initial bargaining position
  5 22 to the employee organization at the second bargaining
  5 23 session, which shall be held no later than two weeks
  5 24 following the first bargaining session.  Both sessions
  5 25 shall be open to the public and subject to the
  5 26 provisions of chapter 21.  Parties who by agreement
  5 27 are utilizing a cooperative alternative bargaining
  5 28 process may exchange their respective initial interest
  5 29 statements in lieu of initial bargaining positions at
  5 30 these open sessions and shall make minutes or
  5 31 summaries of subsequent sessions available to the
  5 32 public.  Hearings conducted by arbitrators an
  5 33 arbitrator shall be open to the public."
  5 34    #4.  Page 2, line 4, by striking the word
  5 35 "arbitrators'" and inserting the following:
  5 36 "arbitrators' arbitrator's".
  5 37    #5.  Page 2, line 11, by striking the word
  5 38 "arbitrators'" and inserting the following:
  5 39 "arbitrators' arbitrator's".
  5 40    #6.  Page 2, by inserting after line 17 the
  5 41 following:
  5 42    "Sec.    .  Section 20.17, subsection 10, Code
  5 43 2003, is amended to read as follows:
  5 44    10.  The negotiation of a proposed collective
  5 45 bargaining agreement by representatives of a state
  5 46 public employer and a state employee organization
  5 47 shall be complete not later than March 15 of the year
  5 48 when the agreement is to become effective.  The board
  5 49 shall provide, by rule, a date on which any impasse
  5 50 item must be submitted to binding arbitration and for
  6  1 such other procedures as deemed necessary to provide
  6  2 for the completion of negotiations of proposed state
  6  3 collective bargaining agreements not later than March
  6  4 15. The date selected for the mandatory submission of
  6  5 impasse items to binding arbitration shall be
  6  6 sufficiently in advance of March 15 to insure that the
  6  7 arbitrators' arbitrator's decision can be reasonably
  6  8 made before March 15.
  6  9    Sec.    .  Section 20.17, subsection 11, Code 2003,
  6 10 is amended to read as follows:
  6 11    11.  a.  In the absence of an impasse agreement
  6 12 negotiated pursuant to section 20.19 which provides
  6 13 for a different completion date, public employees
  6 14 represented by a certified employee organization who
  6 15 are teachers licensed under chapter 272 and who are
  6 16 employed by a public employer which is a school
  6 17 district or area education agency shall complete the
  6 18 negotiation of a proposed collective bargaining
  6 19 agreement not later than May 31 of the year when the
  6 20 agreement is to become effective.  The board shall
  6 21 provide, by rule, a date on which impasse items in
  6 22 such cases must be submitted to binding arbitration
  6 23 and for such other procedures as deemed necessary to
  6 24 provide for the completion of negotiations of proposed
  6 25 collective bargaining agreements not later than May
  6 26 31.  The date selected for the mandatory submission of
  6 27 impasse items to binding arbitration in such cases
  6 28 shall be sufficiently in advance of May 31 to ensure
  6 29 that the arbitrators' arbitrator's decision can be
  6 30 reasonably made before by May 31.
  6 31    b.  If the public employer is a community college,
  6 32 the following apply:
  6 33    (1)  The negotiation of a proposed collective
  6 34 bargaining agreement shall be complete not later than
  6 35 May 31 of the year when the agreement is to become
  6 36 effective, absent the existence then, in the absence
  6 37 of an impasse agreement negotiated pursuant to section
  6 38 20.19 which provides for a different completion date,
  6 39 public employees represented by a certified employee
  6 40 organization who are employed by a public employer
  6 41 which is a community college shall complete the
  6 42 negotiation of a proposed collective bargaining
  6 43 agreement not later than May 31 of the year when the
  6 44 agreement is to become effective.  The board shall
  6 45 adopt rules providing provide, by rule, for a date on
  6 46 which impasse items in such cases must be submitted to
  6 47 binding arbitration and for such other procedures as
  6 48 deemed necessary to provide for the completion of
  6 49 negotiations of proposed collective bargaining
  6 50 agreements not later than May 31.  The date selected
  7  1 for the mandatory submission of impasse items to
  7  2 binding arbitration in such cases shall be
  7  3 sufficiently in advance of May 31 to ensure that the
  7  4 arbitrators' arbitrator's decision can be reasonably
  7  5 made by May 31.
  7  6    (2)  Notwithstanding the provisions of subparagraph
  7  7 (1), the May 31 deadline may be waived by mutual
  7  8 agreement of the parties to the collective bargaining
  7  9 agreement negotiations.
  7 10    Sec.    .  Section 20.18, unnumbered paragraph 1,
  7 11 Code 2003, is amended to read as follows:
  7 12    An agreement with an employee organization which is
  7 13 the exclusive representative of public employees in an
  7 14 appropriate unit may provide procedures for the
  7 15 consideration of public employee and employee
  7 16 organization grievances and of disputes over the
  7 17 interpretation and application of agreements.
  7 18 Negotiated procedures may provide for binding
  7 19 arbitration of public employee and employee
  7 20 organization grievances and of disputes over the
  7 21 interpretation and application of existing agreements.
  7 22 An arbitrator's decision on a grievance may not change
  7 23 or amend the terms, conditions or applications of the
  7 24 collective bargaining agreement.  Such procedures
  7 25 shall provide for the invoking of arbitration only
  7 26 with the approval of the employee organization, and in
  7 27 the case of an employee grievance, only with the
  7 28 approval of the public employee.  The costs of
  7 29 arbitration shall be shared equally by the parties.
  7 30    Sec.    .  Section 20.19, Code 2003, is amended by
  7 31 adding the following new unnumbered paragraph:
  7 32    NEW UNNUMBERED PARAGRAPH.  Parties who by agreement
  7 33 are utilizing a cooperative alternative bargaining
  7 34 process shall, at the outset of such process, agree
  7 35 upon a method and schedule for the completion of
  7 36 impasse procedures should they fail to reach a
  7 37 collective bargaining agreement through the use of
  7 38 such alternative process."
  7 39    #7.  Page 2, by inserting after line 32 the
  7 40 following:
  7 41    "Sec.    .  Section 20.22, subsections 1, 2, and 3,
  7 42 Code 2003, are amended to read as follows:
  7 43    1.  If an impasse persists after the fact-finder's
  7 44 findings of fact and recommendations are made public
  7 45 by the fact-finder board, the parties may continue to
  7 46 negotiate or, the board shall have the power, upon
  7 47 request of either party, to arrange for arbitration,
  7 48 which shall be binding.  The request for arbitration
  7 49 shall be in writing and a copy of the request shall be
  7 50 served upon the other party.
  8  1    2.  Each party shall submit to the board within
  8  2 four days of request a final offer on the impasse
  8  3 items with proof of service of a copy upon the other
  8  4 party.  Each party shall also submit a copy of a draft
  8  5 of the proposed collective bargaining agreement to the
  8  6 extent to which agreement has been reached and the
  8  7 name of its selected arbitrator.  The parties may
  8  8 continue to negotiate all offers until an agreement is
  8  9 reached or a decision an award is rendered by the
  8 10 panel of arbitrators arbitrator.
  8 11    As an alternative procedure, the two parties may
  8 12 agree to submit the dispute to a single arbitrator.
  8 13 If the parties cannot agree on the arbitrator within
  8 14 four days, the selection shall be made pursuant to
  8 15 subsection 5.  The full costs of arbitration under
  8 16 this provision section shall be shared equally by the
  8 17 parties to the dispute.
  8 18    3.  The submission of the impasse items to the
  8 19 arbitrators arbitrator shall be limited to those
  8 20 issues that had been considered by the fact-finder and
  8 21 upon which the parties have not reached agreement.
  8 22 With respect to each such item, the arbitration board
  8 23 arbitrator's award shall be restricted to the final
  8 24 offers on each impasse item submitted by the parties
  8 25 to the arbitration board arbitrator or to the
  8 26 recommendation of the fact-finder on each impasse
  8 27 item.
  8 28    Sec.    .  Section 20.22, subsections 4, 5, and 6,
  8 29 Code 2003, are amended by striking the subsections and
  8 30 inserting in lieu thereof the following:
  8 31    4.  Upon the filing of the request for arbitration,
  8 32 a list of five arbitrators shall be served upon the
  8 33 parties by the board.  Within five days of service of
  8 34 the list, the parties shall determine by lot which
  8 35 party shall remove the first name from the list and
  8 36 the parties shall then alternately remove names from
  8 37 the list until the name of one person remains, who
  8 38 shall become the arbitrator.  The parties shall
  8 39 immediately notify the board of their selection and
  8 40 the board shall notify the arbitrator.  After
  8 41 consultation with the parties, the arbitrator shall
  8 42 set a time and place for an arbitration hearing.
  8 43    Sec.    .  Section 20.22, subsections 7 and 8, Code
  8 44 2003, are amended to read as follows:
  8 45    7.  The panel of arbitrators arbitrator shall at no
  8 46 time engage in an effort to mediate or otherwise
  8 47 settle the dispute in any manner other than that
  8 48 prescribed in this section.
  8 49    8.  From the time of appointment the board notifies
  8 50 the arbitrator of the selection of the arbitrator
  9  1 until such time as the panel of arbitrators makes its
  9  2 final determination arbitrator's selection on each
  9  3 impasse item is made, there shall be no discussion
  9  4 concerning recommendations for settlement of the
  9  5 dispute by the members of the panel of arbitrators
  9  6 arbitrator with parties other than those who are
  9  7 direct parties to the dispute. The panel of
  9  8 arbitrators may conduct formal or informal hearings to
  9  9 discuss offers submitted by both parties."
  9 10    #8.  Page 2, line 36, by striking the words "panel
  9 11 of arbitrators" and inserting the following:
  9 12 "arbitrator".
  9 13    #9.  Page 2, by inserting after line 38 the
  9 14 following:
  9 15    "Sec.    .  Section 20.22, subsections 10, 11, 12,
  9 16 and 13, Code 2003, are amended to read as follows:
  9 17    10.  The chairperson of the panel of arbitrators
  9 18 arbitrator may hold hearings and administer oaths,
  9 19 examine witnesses and documents, take testimony and
  9 20 receive evidence, and issue subpoenas to compel the
  9 21 attendance of witnesses and the production of records,
  9 22 and delegate such powers to other members of the panel
  9 23 of arbitrators.  The chairperson of the panel of
  9 24 arbitrators arbitrator may petition the district court
  9 25 at the seat of government or of the county in which
  9 26 any the hearing is held to enforce the order of the
  9 27 chairperson arbitrator compelling the attendance of
  9 28 witnesses and the production of records.
  9 29    11.  A majority of the panel of arbitrators The
  9 30 arbitrator shall select within fifteen days after its
  9 31 first meeting the hearing the most reasonable offer,
  9 32 in its the arbitrator's judgment, of the final offers
  9 33 on each impasse item submitted by the parties, or the
  9 34 recommendations of the fact-finder on each impasse
  9 35 item.
  9 36    12.  The selections by the panel of arbitrators
  9 37 arbitrator and items agreed upon by the public
  9 38 employer and the employee organization, shall be
  9 39 deemed to be the collective bargaining agreement
  9 40 between the parties.
  9 41    13.  The determination of the panel of arbitrators
  9 42 shall be by majority vote and arbitrator shall be
  9 43 final and binding subject to the provisions of section
  9 44 20.17, subsection 6.  The panel of arbitrators
  9 45 arbitrator shall give written explanation for its
  9 46 selection the arbitrator's selections and inform the
  9 47 parties of its the decision.
  9 48    Sec.    .  Section 20.24, Code 2003, is amended to
  9 49 read as follows:
  9 50    20.24  NOTICE AND SERVICE.
 10  1    Any notice required under the provisions of this
 10  2 chapter shall be in writing, but service thereof shall
 10  3 be sufficient if mailed by restricted certified mail,
 10  4 return receipt requested, addressed to the last known
 10  5 address of the parties intended recipient, unless
 10  6 otherwise provided in this chapter.  Refusal of
 10  7 restricted certified mail by any party shall be
 10  8 considered service.  Prescribed Unless otherwise
 10  9 provided in this chapter, time periods shall commence
 10 10 from the date of the receipt of the notice.  Any party
 10 11 may at any time execute and deliver an acceptance of
 10 12 service in lieu of mailed notice.
 10 13    Sec.    .  Section 20.30, Code 2003, is repealed."
 10 14    #10.  By renumbering as necessary.  
 10 15 
 10 16 
 10 17                               
 10 18 NEAL SCHUERER 
 10 19 WILLIAM A. DOTZLER 
 10 20 SF 313.702 80
 10 21 ec/cl
     

Text: S03094                            Text: S03096
Text: S03000 - S03099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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