Senate File 476 S-3052 Amend Senate File 476 as follows: 1 1. Page 2, line 34, after < PUBLIC SAFETY, > by inserting 2 < COLLECTIVE BARGAINING, > 3 2. Page 3, before line 1 by inserting: 4 < Sec. ___. Section 20.3, subsection 11, Code 2021, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . g. An individual employed as a law 7 enforcement officer as defined in section 669A.2. 8 Sec. ___. Section 20.9, subsections 1 and 3, Code 2021, are 9 amended to read as follows: 10 1. For negotiations regarding a bargaining unit with 11 at least thirty percent of members who are public safety 12 employees one member who is a public safety employee , the 13 public employer and the employee organization shall meet at 14 reasonable times, including meetings reasonably in advance of 15 the public employer’s budget-making process, to negotiate in 16 good faith with respect to wages, hours, vacations, insurance, 17 holidays, leaves of absence, shift differentials, overtime 18 compensation, supplemental pay, seniority, transfer procedures, 19 job classifications, health and safety matters, evaluation 20 procedures, procedures for staff reduction, in-service 21 training, grievance procedures for resolving any questions 22 arising under the agreement, and other matters mutually agreed 23 upon. For negotiations regarding a bargaining unit that does 24 not have at least thirty percent of members who are public 25 safety employees one member who is a public safety employee , 26 the public employer and the employee organization shall meet 27 at reasonable times, including meetings reasonably in advance 28 of the public employer’s budget-making process, to negotiate 29 in good faith with respect to base wages and other matters 30 mutually agreed upon. Such obligation to negotiate in good 31 faith does not compel either party to agree to a proposal 32 or make a concession. Mandatory subjects of negotiation 33 specified in this subsection shall be interpreted narrowly and 34 restrictively. 35 -1- SF476.1149 (1) 89 cm/jh 1/ 6 #1. #2.
3. All retirement systems, dues checkoffs, and other 1 payroll deductions for political action committees or other 2 political contributions or political activities shall be 3 excluded from the scope of negotiations. For negotiations 4 regarding a bargaining unit that does not have at least 5 thirty percent of members who are public safety employees one 6 member who is a public safety employee , insurance, leaves of 7 absence for political activities, supplemental pay, transfer 8 procedures, evaluation procedures, procedures for staff 9 reduction, and subcontracting public services shall also be 10 excluded from the scope of negotiations. 11 Sec. ___. Section 20.15, subsection 1, paragraph b, Code 12 2021, is amended to read as follows: 13 b. (1) If a majority of the public employees in the 14 bargaining unit vote votes cast on the question is for no 15 bargaining representation, the public employees in the 16 bargaining unit found appropriate by the board shall not be 17 represented by an employee organization. 18 (2) If a majority of the public employees in the bargaining 19 unit vote 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 receive the 24 vote of a majority of the public employees in the bargaining 25 unit voting , the public employees in the bargaining unit 26 found appropriate by the board shall not be represented by an 27 employee organization. 28 Sec. ___. Section 20.15, subsections 2 and 3, Code 2021, are 29 amended to read as follows: 30 2. Retention and recertification elections. 31 a. The board shall conduct an election to retain and 32 recertify the bargaining representative of a bargaining unit 33 prior to the expiration of the bargaining unit’s collective 34 bargaining agreement. The question on the ballot shall be 35 -2- SF476.1149 (1) 89 cm/jh 2/ 6
whether the bargaining representative of the public employees 1 in the bargaining unit those voting shall be retained and 2 recertified as the bargaining representative of the public 3 employees in the bargaining unit. For collective bargaining 4 agreements with a June 30 expiration date, the election shall 5 occur between June 1 and November 1, both dates included, 6 in the year prior to that expiration date. For collective 7 bargaining agreements with a different expiration date, the 8 election shall occur between three hundred sixty-five and two 9 hundred seventy days prior to the expiration date. 10 b. (1) If a majority of the public employees in the 11 bargaining unit vote votes cast to retain and recertify the 12 representative, the board shall retain and recertify the 13 bargaining representative and the bargaining representative 14 shall continue to represent the public employees in the 15 bargaining unit. 16 (2) If a majority of the public employees in the bargaining 17 unit votes cast do not vote to retain and recertify the 18 representative, the board, after the period for filing 19 written objections pursuant to subsection 4 has elapsed, 20 shall immediately decertify the representative and the public 21 employees shall not be represented by an employee organization 22 except pursuant to the filing of a subsequent petition for 23 certification of an employee organization as provided in 24 section 20.14 and an election conducted pursuant to such 25 petition. Such written objections and decertifications shall 26 be subject to applicable administrative and judicial review. 27 c. The board shall only conduct an election pursuant to this 28 subsection if the board has not previously conducted such an 29 election for the bargaining unit since the last certification 30 election pursuant to subsection 1 conducted by the board for 31 that bargaining unit. 32 3. Decertification elections. 33 a. Upon the filing of a petition for decertification of an 34 employee organization, the board shall submit a question to the 35 -3- SF476.1149 (1) 89 cm/jh 3/ 6
public employees at an election in the bargaining unit found 1 appropriate by the board. The question on the ballot shall be 2 whether the bargaining representative of the public employees 3 in the bargaining unit shall be decertified as the bargaining 4 representative of public employees in the bargaining unit. 5 b. (1) If a majority of the public employees in the 6 bargaining unit those voting vote to decertify the bargaining 7 representative, the board, after the period for filing 8 written objections pursuant to subsection 4 has elapsed, 9 shall immediately decertify the representative and the public 10 employees shall not be represented by an employee organization 11 except pursuant to the filing of a subsequent petition for 12 certification of an employee organization as provided in 13 section 20.14 and an election conducted pursuant to such 14 petition. Such written objections and decertifications shall 15 be subject to applicable administrative and judicial review. 16 (2) If a majority of the public employees in the bargaining 17 unit those voting do not vote to decertify the bargaining 18 representative, the bargaining representative shall continue to 19 represent the public employees in the bargaining unit. 20 c. The board shall not consider a petition for 21 decertification of an employee organization unless a 22 bargaining unit’s collective bargaining agreement exceeds 23 two years in length. The board shall not schedule a 24 decertification election for a bargaining unit within one 25 year of a prior certification, retention and recertification, 26 or decertification election involving the bargaining unit. 27 Unless otherwise prohibited by this paragraph, the board shall 28 schedule a decertification election not less than one hundred 29 fifty days before the expiration date of the bargaining unit’s 30 collective bargaining agreement. 31 Sec. ___. Section 20.22, subsection 7, unnumbered paragraph 32 1, Code 2021, is amended to read as follows: 33 For an arbitration involving a bargaining unit that has at 34 least thirty percent of members who are public safety employees 35 -4- SF476.1149 (1) 89 cm/jh 4/ 6
one member who is a public safety employee , the arbitrator 1 shall consider and specifically address in the arbitrator’s 2 determination, in addition to any other relevant factors, the 3 following factors: 4 Sec. ___. Section 20.22, subsection 8, unnumbered paragraph 5 1, Code 2021, is amended to read as follows: 6 For an arbitration involving a bargaining unit that does 7 not have at least thirty percent of members who are public 8 safety employees one member who is a public safety employee , 9 the following shall apply: 10 Sec. ___. Section 20.22, subsection 10, paragraph b, 11 subparagraph (1), unnumbered paragraph 1, Code 2021, is amended 12 to read as follows: 13 However, for an arbitration involving a bargaining unit that 14 does not have at least thirty percent of members who are public 15 safety employees one member who is a public safety employee , 16 with respect to any increase in base wages, the arbitrator’s 17 award shall not exceed the lesser of the following percentages 18 in any one-year period in the duration of the bargaining 19 agreement: > 20 3. Page 7, after line 30 by inserting: 21 < DIVISION ___ 22 WORKERS’ COMPENSATION 23 Sec. ___. Section 85.34, subsection 2, paragraph n, Code 24 2021, is amended by striking the paragraph. 25 DIVISION ___ 26 ACCRUED SICK LEAVE —— RETIRED PUBLIC SAFETY EMPLOYEES 27 Sec. ___. NEW SECTION . 70A.23A Credit for accrued sick 28 leave —— public safety employees. 29 A public safety employee, as defined by section 20.3, 30 subsection 11, who retires and has applied for retirement 31 benefits under an eligible retirement system, shall receive 32 credit for all accumulated, unused sick leave which shall be 33 converted at current value and credited to an account for the 34 public safety employee for the purpose of paying the public 35 -5- SF476.1149 (1) 89 cm/jh 5/ 6 #3.
safety employee’s cost of the monthly premiums for continuance 1 of the public safety employee’s health insurance plan. Upon 2 the death of a retired public safety employee, the spouse 3 or surviving spouse shall be entitled to the value of the 4 accumulated unused sick leave for the purpose of paying the 5 cost of monthly premiums for continuation of a public safety 6 employee’s health insurance policy for the public safety 7 employee’s surviving spouse or dependents. This subsection 8 shall not apply to sections 509A.13 and 509A.13A. > 9 4. Title page, line 3, after < filings, > by inserting 10 < collective bargaining, workers’ compensation, retired public 11 safety employee benefits, > 12 5. By renumbering, redesignating, and correcting internal 13 references as necessary. 14 ______________________________ NATE BOULTON -6- SF476.1149 (1) 89 cm/jh 6/ 6 #4. #5.