House Amendment 8151


PAG LIN




     1  1    Amend House File 2645 as follows:
     1  2 #1.  Page 1, by inserting after line 6 the
     1  3 following:
     1  4    <Sec.    .  Section 20.3, Code 2007, is amended by
     1  5 adding the following new subsection:
     1  6    NEW SUBSECTION.  1A.  "Bargaining unit" means only
     1  7 those employees in a particular class of employees who
     1  8 voluntarily agree to be represented by an employee
     1  9 organization.>
     1 10 #2.  Page 4, by inserting after line 22 the
     1 11 following:
     1 12    <Sec.    .  Section 20.14, subsection 1, Code 2007,
     1 13 is amended to read as follows:
     1 14    1.  Board certification of an employee organization
     1 15 as the exclusive a bargaining representative of a
     1 16 bargaining unit shall be upon a petition filed with
     1 17 the board by a public employer, public employee, or an
     1 18 employee organization and an election conducted
     1 19 pursuant to section 20.15.  However, notwithstanding
     1 20 any provision of this chapter to the contrary,
     1 21 multiple employee organizations may represent teachers
     1 22 who are licensed under chapter 272 and who are
     1 23 employed by a public employer which is a school
     1 24 district or area education agency.>
     1 25 #3.  Page 5, line 14, by striking the words <an
     1 26 exclusive> and inserting the following:  <an exclusive
     1 27 a>.
     1 28 #4.  Page 5, lines 18 and 19, by striking the words
     1 29 <employee organization as an exclusive> and inserting
     1 30 the following:  <exclusive employee organization as
     1 31 a>.
     1 32 #5.  Page 5, line 20, by striking the words <an
     1 33 exclusive and inserting the following:  <a>.
     1 34 #6.  Page 5, line 22, by striking the words <an
     1 35 exclusive> and inserting the following:  <a>.
     1 36 #7.  Page 5, line 35, by striking the words <an
     1 37 exclusive> and inserting the following:  <an exclusive
     1 38 a>.
     1 39 #8.  Page 6, by inserting after line 17 the
     1 40 following:
     1 41    <Sec.    .  Section 20.16, Code 2007, is amended to
     1 42 read as follows:
     1 43    20.16  DUTY TO BARGAIN.
     1 44    Upon the receipt by a public employer of a request
     1 45 from an employee organization to bargain on behalf of
     1 46 public employees, the duty to engage in collective
     1 47 bargaining shall arise if the employee organization
     1 48 has been certified by the board as the exclusive a
     1 49 bargaining representative for the public employees in
     1 50 that bargaining unit.
     2  1    Sec.    .  Section 20.17, subsection 1, Code 2007,
     2  2 is amended to read as follows:
     2  3    1.  The employee organization certified as the a
     2  4 bargaining representative shall be the exclusive a
     2  5 representative of all public employees in the
     2  6 bargaining unit and shall represent all public
     2  7 employees fairly.  However, any public employee may
     2  8 meet and adjust individual complaints with a public
     2  9 employer.  To sustain a claim that a certified
     2 10 employee organization has committed a prohibited
     2 11 practice by breaching its duty of fair representation,
     2 12 a public employee must establish by a preponderance of
     2 13 the evidence action or inaction by the organization
     2 14 which was arbitrary, discriminatory, or in bad faith.>
     2 15 #9.  Page 9, line 8, by striking the word
     2 16 <exclusive> and inserting the following:  <exclusive>.
     2 17 #10.  By renumbering as necessary.
     2 18
     2 19
     2 20                               
     2 21 MAY of Dickinson
     2 22 HF 2645.705 82
     2 23 ec/rj/20751

                              -1-