House Amendment 1326


PAG LIN




     1  1    Amend Senate File 313, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 1, line 10, by inserting after the word
     1  4 <bargaining> the following:  <agreements>.
     1  5 #2.  Page 1, line 33, by striking the words <total
     1  6 compensation, including>.
     1  7 #3.  Page 1, line 35, by inserting after the word
     1  8 <employment> the following:  <, including such
     1  9 information filed with the board pursuant to section
     1 10 20.29,>.
     1 11 #4.  Page 3, line 2, by striking the word
     1 12 <causing>, and inserting the following:  <causing.
     1 13 The complaining party shall cause>.
     1 14 #5.  By striking page 6, line 11, through page 7,
     1 15 line 10.
     1 16 #6.  Page 7, lines 27 through 29, by striking the
     1 17 words <and shall make minutes or summaries of
     1 18 subsequent sessions available to the public>.
     1 19 #7.  Page 8, line 2, by striking the word
     1 20 <bargaining>, and inserting the following:
     1 21 <arbitration>.
     1 22 #8.  Page 8, line 3, by striking the figure
     1 23 <20.16A>, and inserting the following:  <20.22,
     1 24 subsection 9>.
     1 25 #9.  Page 9, by striking line 10 and inserting the
     1 26 following:
     1 27    <b.  If the public employer is a community college,
     1 28 the>.
     1 29 #10.  Page 9, line 15, by striking the words <then,
     1 30 in>, and inserting the following:  <In>.
     1 31 #11.  Page 10, by inserting after line 24 the
     1 32 following:
     1 33    <Sec.    .  Section 20.20, Code 2003, is amended to
     1 34 read as follows:
     1 35    20.20  MEDIATION.
     1 36    In the absence of an impasse agreement negotiated
     1 37 pursuant to section 20.19 or the failure of either
     1 38 party to utilize its procedures, one hundred twenty
     1 39 days prior to the certified budget submission date, or
     1 40 one hundred twenty days prior to May 31 of the year
     1 41 when the collective bargaining agreement is to become
     1 42 effective if public employees represented by the
     1 43 employee organization are teachers licensed under
     1 44 chapter 272 and the public employer is a school
     1 45 district or area education agency, the board shall,
     1 46 upon the request of either party, appoint an impartial
     1 47 and disinterested person to act as mediator.  If the
     1 48 public employer is a community college, and in the
     1 49 absence of an impasse agreement negotiated pursuant to
     1 50 section 20.19 or the failure of either party to
     2  1 utilize its procedures, one hundred twenty days prior
     2  2 to May 31 of the year when the collective bargaining
     2  3 agreement is to become effective, the board, upon the
     2  4 request of either party, shall appoint an impartial
     2  5 and disinterested person to act as mediator.  It shall
     2  6 be the function of the mediator to bring to the
     2  7 attention of the parties the arbitration factors
     2  8 enumerated in section 20.22, subsection 9, and to
     2  9 bring the parties together to effectuate a settlement
     2 10 of the dispute, but.  However, the mediator may not
     2 11 compel the parties to agree.>
     2 12 #12.  Page 10, line 25, by striking the word and
     2 13 figure <paragraph 1>, and inserting the following:
     2 14 <paragraphs 1 and 2>.
     2 15 #13.  Page 10, line 26, by striking the word <is>,
     2 16 and inserting the following:  <are>.
     2 17 #14.  Page 10, lines 31 and 32, by striking the
     2 18 words <request the board to issue subpoenas.> and
     2 19 inserting the following:  <request the board to issue
     2 20 subpoenas to compel the attendance of witnesses and
     2 21 the production of records.  The fact=finder may
     2 22 petition the district court at the seat of government
     2 23 or of the county in which the hearing is held to
     2 24 enforce the subpoena.>
     2 25 #15.  Page 10, line 33, by striking the words <the
     2 26 dispute>, and inserting the following:  <the dispute
     2 27 each impasse item>.
     2 28 #16.  Page 10, line 34, by striking the word
     2 29 <bargaining>, and inserting the following:
     2 30 <arbitration>.
     2 31 #17.  Page 10, line 35, by striking the figure
     2 32 <20.16A>, and inserting the following:  <20.22,
     2 33 subsection 9>.
     2 34 #18.  Page 10, line 35, through page 11, line 1, by
     2 35 striking the words <day of appointment> and inserting
     2 36 the following:  <day of appointment date of the
     2 37 hearing>.
     2 38 #19.  Page 11, line 1, by inserting after the word
     2 39 <findings> the following:  <and recommendations>.
     2 40 #20.  Page 11, by inserting after line 2 the
     2 41 following:
     2 42    <The Upon receipt of the fact=finder's findings and
     2 43 recommendations, the public employer and the certified
     2 44 employee organization shall immediately accept the
     2 45 fact=finder's recommendation recommendations in their
     2 46 entirety or shall within five days submit the fact=
     2 47 finder's recommendations to the governing body of the
     2 48 public employer and members of the certified employee
     2 49 organization for such acceptance or rejection.  If the
     2 50 dispute is not resolved by both parties' acceptance of
     3  1 the fact=finder's recommendations, the parties may
     3  2 continue to negotiate and resolve any remaining
     3  3 impasse items.  If the dispute continues ten days
     3  4 after the report is submitted fact=finder's findings
     3  5 and recommendations are served, the report findings
     3  6 and recommendations shall be made public by the
     3  7 board.>
     3  8 #21.  Page 11, line 7, by striking the word <or,>
     3  9 and inserting the following:  <or, and>.
     3 10 #22.  Page 12, by striking lines 30 through 34 and
     3 11 inserting the following:  <amended to read as follows:
     3 12    9.  The panel of arbitrators arbitrator shall
     3 13 consider, in addition to any other relevant factors,
     3 14 the following factors:
     3 15    a.  Past collective bargaining contracts between
     3 16 the parties including the bargaining that led up to
     3 17 such contracts.
     3 18    b.  Comparison of wages, hours and conditions of
     3 19 employment of the involved public employees with those
     3 20 of other public employees doing comparable work,
     3 21 giving consideration to factors peculiar to the area
     3 22 and the classifications involved.
     3 23    c.  The interests and welfare of the public, the
     3 24 ability of the public employer to finance economic
     3 25 adjustments and the effect of such adjustments on the
     3 26 normal standard of services.
     3 27    d.  The power of the public employer to levy taxes
     3 28 and appropriate funds for the conduct of its
     3 29 operations.  The ability of the public employer to
     3 30 finance economic adjustments; provided, however, that
     3 31 the employer's ability to finance economic adjustments
     3 32 shall not be predicated on the premise that the
     3 33 employer may increase or impose new taxes, fees, or
     3 34 charges, use funds collected and otherwise dedicated
     3 35 by law for a restricted purpose, or develop other
     3 36 sources of revenue.
     3 37    e.  The present and anticipated future economic
     3 38 conditions that may impact the financing of economic
     3 39 adjustments, including consideration of the public
     3 40 employer's financial condition and the general
     3 41 economic condition of the state.
     3 42    f.  Consideration of the economic cost of each item
     3 43 of a proposed collective bargaining agreement and the
     3 44 relationship of the cost of each item to the total
     3 45 economic cost of a proposed collective bargaining
     3 46 agreement.>
     3 47 #23.  Page 14, by inserting after line 6 the
     3 48 following:
     3 49    <Sec.    .  Section 20.29, Code 2003, is amended by
     3 50 adding the following new unnumbered paragraph:
     4  1    NEW UNNUMBERED PARAGRAPH.  Within ninety days of
     4  2 the completion of a collective bargaining agreement
     4  3 entered into pursuant to this chapter, the public
     4  4 employer shall file two copies of the agreement with
     4  5 the board.  In addition, within the same time period,
     4  6 the public employer and the applicable certified
     4  7 employee organization shall file with the board,
     4  8 either jointly or separately, a report on a form
     4  9 prescribed by the board which shall include the number
     4 10 of employees covered by the agreement, the estimated
     4 11 costs of implementing the wage, benefit, and other
     4 12 provisions of the agreement having an economic impact,
     4 13 the estimated total cost of implementing the agreement
     4 14 for the entire term of the agreement, and any other
     4 15 information relating to the agreement as requested by
     4 16 the board.>
     4 17 #24.  By renumbering, relettering, or redesignating
     4 18 and correcting internal references as necessary.
     4 19
     4 20
     4 21                               
     4 22 COMMITTEE ON COMMERCE, REGULATION AND LABOR
     4 23 HANSEN of Pottawattamie, Chairperson
     4 24 SF 313.703 80
     4 25 ec/cl

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