House File 754 H-1195 Amend House File 754 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 20.15, Code 2021, is amended by striking 4 the section and inserting in lieu thereof the following: 5 20.15 Elections. 6 1. Upon the filing of a petition for certification of an 7 employee organization, the board shall submit a question to 8 the public employees at an election in the bargaining unit 9 found appropriate by the board. The question on the ballot 10 shall permit the public employees to vote for no bargaining 11 representation or for any employee organization which has 12 petitioned for certification or which has presented proof 13 satisfactory to the board of support of ten percent or more of 14 the public employees in the appropriate unit. 15 2. If a majority of the votes cast on the question is 16 for no bargaining representation, the public employees in 17 the bargaining unit found appropriate by the board shall not 18 be represented by an employee organization. If a majority 19 of the votes cast on the question is for a listed employee 20 organization, then that employee organization shall represent 21 the public employees in the bargaining unit found appropriate 22 by the board. 23 3. If none of the choices on the ballot receives the vote 24 of a majority of the public employees voting, the board shall 25 conduct a runoff election among the two choices receiving the 26 greatest number of votes. 27 4. Upon written objections filed by any party to the 28 election within ten days after notice of the results of 29 the election, if the board finds that misconduct or other 30 circumstances prevented the public employees eligible to 31 vote from freely expressing their preferences, the board may 32 invalidate the election and hold a second election for the 33 public employees. 34 5. Upon completion of a valid election in which the majority 35 -1- HF754.1340 (2) 89 je/rn 1/ 5 #1.

choice of the employees voting is determined, the board shall 1 certify the results of the election and shall give reasonable 2 notice of the order to all employee organizations listed on the 3 ballot, the public employers, and the public employees in the 4 appropriate bargaining unit. 5 6. a. A petition for certification as exclusive bargaining 6 representative of a bargaining unit shall not be considered 7 by the board for a period of one year from the date of the 8 noncertification of an employee organization as the exclusive 9 bargaining representative of that bargaining unit following a 10 certification election. A petition for certification as the 11 exclusive bargaining representative of a bargaining unit shall 12 also not be considered by the board if the bargaining unit is 13 at that time represented by a certified exclusive bargaining 14 representative. 15 b. A petition for the decertification of the exclusive 16 bargaining representative of a bargaining unit shall not be 17 considered by the board for a period of one year from the date 18 of its certification, or within one year of its continued 19 certification following a decertification election, or during 20 the duration of a collective bargaining agreement which, for 21 purposes of this section, shall be deemed not to exceed two 22 years. However, if a petition for decertification is filed 23 during the duration of a collective bargaining agreement, the 24 board shall award an election under this section not more than 25 one hundred eighty days and not less than one hundred fifty 26 days prior to the expiration of the collective bargaining 27 agreement. If an employee organization is decertified, the 28 board may receive petitions under section 20.14, provided that 29 no such petition and no election conducted pursuant to such 30 petition within one year from decertification shall include as 31 a party the decertified employee organization. 32 7. A collective bargaining agreement with the state, its 33 boards, commissions, departments, and agencies shall be for two 34 years. The provisions of a collective bargaining agreement or 35 -2- HF754.1340 (2) 89 je/rn 2/ 5

arbitrator’s award affecting state employees shall not provide 1 for renegotiations which would require the refinancing of 2 salary and fringe benefits for the second year of the term of 3 the agreement, except as provided in section 20.17, subsection 4 6. The effective date of any such agreement shall be July 1 of 5 odd-numbered years, provided that if an exclusive bargaining 6 representative is certified on a date which will prevent the 7 negotiation of a collective bargaining agreement prior to 8 July 1 of odd-numbered years for a period of two years, the 9 certified collective bargaining representative may negotiate 10 a one-year contract with the public employer which shall be 11 effective from July 1 of the even-numbered year to July 1 12 of the succeeding odd-numbered year when new contracts shall 13 become effective. 14 Sec. 2. Section 22.7, subsection 69, Code 2021, is amended 15 to read as follows: 16 69. The evidence of public employee support for 17 the certification , retention and recertification, or 18 decertification of an employee organization as defined in 19 section 20.3 that is submitted to the public employment 20 relations board as provided in section 20.14 or 20.15 . 21 Sec. 3. Section 22.7, subsection 70, Code 2021, is amended 22 to read as follows: 23 70. Information indicating whether a public employee 24 voted in a certification , retention and recertification, or 25 decertification election held pursuant to section 20.15 or 26 how the employee voted on any question on a ballot in such an 27 election. 28 Sec. 4. Section 602.1401, subsection 3, paragraph b, Code 29 2021, is amended to read as follows: 30 b. For purposes of chapter 20 , the certified representative, 31 which on July 1, 1983, represents employees who become judicial 32 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 33 remain the certified representative when the employees become 34 judicial branch employees and thereafter, unless the public 35 -3- HF754.1340 (2) 89 je/rn 3/ 5

employee organization is not retained and recertified or is 1 decertified in an election held under section 20.15 or amended 2 or absorbed into another certified organization pursuant to 3 chapter 20 . Collective bargaining negotiations shall be 4 conducted on a statewide basis and the certified employee 5 organizations which engage in bargaining shall negotiate on a 6 statewide basis, although bargaining units shall be organized 7 by judicial district. The public employment relations board 8 shall adopt rules pursuant to chapter 17A to implement this 9 subsection . 10 Sec. 5. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD. 11 1. The public employment relations board shall cancel any 12 elections scheduled or in process pursuant to section 20.15, 13 subsection 2, Code 2021, as of the effective date of this Act. 14 2. Notwithstanding section 20.15, subsection 1, paragraph 15 “c”, Code 2021, the public employment relations board 16 shall consider a petition for certification of an employee 17 organization as the exclusive representative of a bargaining 18 unit for which an employee organization was not retained and 19 recertified as the exclusive representative of that bargaining 20 unit regardless of the amount of time that has elapsed since 21 the retention and recertification election at which an employee 22 organization was not retained or recertified. 23 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 24 importance, takes effect upon enactment. 25 Sec. 7. APPLICABILITY. This Act applies to all elections 26 carried out pursuant to section 20.15 on and after the 27 effective date of this Act. > 28 2. Title page, by striking lines 1 and 2 and inserting < An 29 Act relating to employee organization elections administered by 30 the public employment relations board and including effective 31 date and applicability provisions. > 32 -4- HF754.1340 (2) 89 je/rn 4/ 5