H-8221

   Amend the amendment, H-8210, to House File 2455 as follows:
   1.  By striking page 1, line 3, through page 6, line 2, and inserting: 
<DIVISION ___
MISCELLANEOUS PROVISIONS —— COLLECTIVE BARGAINING ARBITRATION

   Sec. ___.  Section 20.22, subsections 3, 6, 7, 9, 10, and 11, Code 2016, are amended to read as follows:
   3.  The submission of the impasse items to the arbitrator shall be limited to those items upon which the parties have not reached agreement. With However, with respect to each such item, the arbitrator’s award shall not be restricted to the final offers on each impasse item submitted by the parties to the arbitrator.
   6.  From the time the board notifies the arbitrator of the selection of the arbitrator until such time as the arbitrator’s selection decision on each impasse item is made, there shall be no discussion concerning recommendations for settlement of the dispute by the arbitrator with parties other than those who are direct parties to the dispute. 
   7.  The arbitrator shall consider, and may consider additional information presented by either party, in addition to any other relevant factors, the following factors:
   a.  Past collective bargaining contracts between the parties including the bargaining that led up to such contracts.
   b.  a.  Comparison of wages, benefits, hours, and conditions of employment of the involved public employees with those of other public employees, including public employees not represented by an employee organization, and with private sector employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved.  In considering this comparison, the arbitrator shall strive to maintain parity in wages, benefits, hours, and conditions of employment between the public sector and the private sector for comparable types of work, and shall give consideration to similar and equitable economic conditions where applicable.
   c.  b.  The interests and welfare of the public, the ability of the public employer to finance economic adjustments without raising any tax, and the effect of such adjustments on the normal standard of services.
   d.  The power of the public employer to levy taxes and appropriate funds for the conduct of its operations.
   c.  Efficiency of the public employer in its ability to carry out any of its functions.
   9.  The arbitrator shall select render a decision within fifteen days after the hearing the most reasonable offer, in the arbitrator’s judgment, of the final offers on consisting of final terms for each impasse item submitted by the parties.  The arbitrator may select one of the final offers on each impasse item submitted by the parties or the arbitrator may make an award which does not go beyond the terms of a final offer for any impasse item submitted by the parties.
   10.  The selections decisions by the arbitrator and items agreed upon by the public employer and the employee organization, shall be deemed to be the collective bargaining agreement between the parties.
   11.  The determination decisions of the arbitrator shall be final and binding subject to the provisions of section 20.17, subsection 6. The arbitrator shall give written explanation for the arbitrator’s selections decision regarding the final terms for each impasse item and inform the parties of the decision.
   Sec. ___.  APPLICABILITY.  This division of this Act applies to collective bargaining agreements entered into on or after the effective date of this division of this Act.
DIVISION ___
MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION

   Sec. ___.  ADDITIONAL UNFAIR OR DISCRIMINATORY PRACTICE —— WAGE DISCRIMINATION IN EMPLOYMENT.
   1.  As stated in chapter 216, the general assembly finds that the practice of discriminating against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to other employees does all of the following:
   a.  Unjustly discriminates against the person receiving the lesser rate.
   b.  Leads to low employee morale, high turnover, and frequent labor unrest.
   c.  Discourages employees paid at lesser wage rates from training for higher level jobs.
   d.  Curtails employment opportunities, decreases employees’ mobility, and increases labor costs.
   e.  Impairs purchasing power and threatens the maintenance of an adequate standard of living by such employees and their families.
   f.  Prevents optimum utilization of the state’s available labor resources.
   g.  Threatens the well-being of citizens of this state and adversely affects the general welfare.
   2.  As stated in section 216.6A, it remains unfair or discriminatory practice for any employer or agent of any employer to discriminate against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. As also stated in section 216.6A, an employer or agent of an employer who is paying wages to an employee at a rate less than the rate paid to other employees in violation of this section shall not remedy the violation by reducing the wage rate of any employee.>
   2.  By renumbering as necessary.

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FORRISTALL of Pottawattamie