House Study Bill 204 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LABOR BILL BY CHAIRPERSON FORRISTALL) A BILL FOR An Act relating to collective bargaining arbitration 1 proceedings involving teachers employed by school districts 2 and area education agencies and including applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2589YC (4) 86 je/rj

H.F. _____ Section 1. Section 20.22, subsections 3, 6, 7, 9, 10, and 1 11, Code 2015, are amended to read as follows: 2 3. The submission of the impasse items to the arbitrator 3 shall be limited to those items upon which the parties have 4 not reached agreement. With respect to each such item, the 5 arbitrator’s award shall be restricted to the final offers on 6 each impasse item submitted by the parties to the arbitrator. 7 However, in an arbitration in which the public employees are 8 teachers licensed under chapter 272 who are employed by a 9 public employer which is a school district or area education 10 agency, the arbitrator’s award with respect to each such item 11 shall not be restricted to the final offers on each impasse 12 item submitted by the parties to the arbitrator. 13 6. From the time the board notifies the arbitrator of the 14 selection of the arbitrator until such time as the arbitrator’s 15 selection or decision on each impasse item is made, there shall 16 be no discussion concerning recommendations for settlement of 17 the dispute by the arbitrator with parties other than those who 18 are direct parties to the dispute. 19 7. The arbitrator shall consider, in addition to any other 20 relevant factors, the following factors: 21 a. Past collective bargaining contracts between the parties 22 including the bargaining that led up to such contracts. 23 b. Comparison of wages, hours and conditions of employment 24 of the involved public employees with those of other public 25 employees doing comparable work, giving consideration to 26 factors peculiar to the area and the classifications involved. 27 In an arbitration in which the public employees are teachers 28 licensed under chapter 272 who are employed by a public 29 employer which is a school district or area education agency, 30 the comparison shall also include comparison of wages, hours, 31 and conditions of employment of the involved public employees 32 with those of private sector employees doing comparable work, 33 giving consideration to factors peculiar to the area and the 34 classifications involved. 35 -1- LSB 2589YC (4) 86 je/rj 1/ 4

H.F. _____ c. The interests and welfare of the public, the ability 1 of the public employer to finance economic adjustments and 2 the effect of such adjustments on the normal standard of 3 services. The ability of the public employer to finance 4 economic adjustments and the effect of such adjustments on 5 the normal standard of services shall not be considered in an 6 arbitration in which the public employees are teachers licensed 7 under chapter 272 who are employed by a public employer which 8 is a school district or area education agency. 9 d. The power of the public employer to levy taxes and 10 appropriate funds for the conduct of its operations. This 11 factor shall not be considered in an arbitration in which the 12 public employees are teachers licensed under chapter 272 who 13 are employed by a public employer which is a school district or 14 area education agency. 15 9. a. The For an arbitration in which the public employees 16 are not teachers licensed under chapter 272 who are employed by 17 a public employer which is a school district or area education 18 agency, the arbitrator shall select within fifteen days after 19 the hearing the most reasonable offer, in the arbitrator’s 20 judgment, of the final offers on each impasse item submitted 21 by the parties. 22 b. For an arbitration in which the public employees are 23 teachers licensed under chapter 272 who are employed by a 24 public employer which is a school district or area education 25 agency, the arbitrator shall render a decision within fifteen 26 days after the hearing consisting of the arbitrator’s award on 27 each impasse item submitted by the parties. The arbitrator may 28 select one of the final offers on an impasse item submitted by 29 the parties or the arbitrator may make any award which stays 30 within the confines of the final offers on an impasse item 31 submitted by the parties. 32 10. The selections or decisions by the arbitrator and 33 items agreed upon by the public employer and the employee 34 organization, shall be deemed to be the collective bargaining 35 -2- LSB 2589YC (4) 86 je/rj 2/ 4

H.F. _____ agreement between the parties. 1 11. The determination selections or decisions of the 2 arbitrator shall be final and binding subject to the provisions 3 of section 20.17, subsection 6 . The arbitrator shall give 4 written explanation for the arbitrator’s selections or 5 decisions and inform the parties of the decision. 6 Sec. 2. APPLICABILITY. This Act applies to binding 7 arbitrations to which parties submit pursuant to chapter 20 on 8 or after the effective date of this Act. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill provides that, in an arbitration pursuant to Code 13 chapter 20, the public employment relations Act, in which the 14 public employees are teachers licensed under Code chapter 15 272 who are employed by a public employer which is a school 16 district or area education agency, the arbitrator’s award with 17 respect to each impasse item shall not be restricted to the 18 final offers on each such item submitted by the parties to the 19 arbitrator. The arbitrator may select one of the final offers 20 on an impasse item or may make an award which stays within the 21 confines of the final offers on an impasse item. Under current 22 law, an arbitrator is only permitted to choose between the 23 final offers of the parties on each impasse item. 24 The bill modifies the factors that an arbitrator in an 25 arbitration in which the public employees are teachers licensed 26 under Code chapter 272 who are employed by a public employer 27 which is a school district or area education agency may 28 consider when making a decision on an impasse item. 29 The bill requires an arbitrator to consider a comparison 30 of wages, hours, and conditions of employment of the involved 31 public employees with those of private sector employees doing 32 comparable work, giving consideration to factors peculiar to 33 the area and the classifications involved. 34 The bill prohibits an arbitrator from considering the 35 -3- LSB 2589YC (4) 86 je/rj 3/ 4

H.F. _____ ability of the public employer to finance economic adjustments 1 and the effect of such adjustments on the normal standard 2 of services. The bill also prohibits an arbitrator from 3 considering the power of the public employer to levy taxes and 4 appropriate funds for the conduct of its operations. 5 The bill applies to binding teacher contract arbitrations to 6 which parties submit pursuant to Code chapter 20 on or after 7 the effective date of the bill. 8 -4- LSB 2589YC (4) 86 je/rj 4/ 4