House
File
2542
H-8121
Amend
House
File
2542
as
follows:
1
1.
Page
1,
before
line
1
by
inserting:
2
<
DIVISION
I
3
HABITUAL
OFFENDERS
>
4
2.
Page
2,
after
line
9
by
inserting:
5
<
DIVISION
___
6
COLLECTIVE
BARGAINING
7
Sec.
___.
Section
20.1,
subsection
2,
paragraph
a,
Code
8
2026,
is
amended
to
read
as
follows:
9
a.
Determining
appropriate
bargaining
units
,
amending
10
the
composition
of
previously
determined
bargaining
units
11
represented
by
a
certified
employee
organization,
reconsidering
12
and
altering
the
composition
of
previously
determined
13
bargaining
units
which
are
not
represented
by
a
certified
14
employee
organization,
and
conducting
representation
elections.
15
Sec.
___.
Section
20.3,
subsection
11,
Code
2026,
is
amended
16
by
adding
the
following
new
paragraphs:
17
NEW
PARAGRAPH
.
g.
An
employee
of
the
Iowa
department
of
18
corrections
who
is
responsible
for
the
custody
and
supervision
19
of
inmates
through
ongoing
direct
inmate
contact,
to
enforce
20
and
maintain
discipline,
safety,
and
security
within
a
21
correctional
facility.
22
NEW
PARAGRAPH
.
h.
A
jailer
or
detention
officer
who
23
performs
duties
as
a
jailer,
including
but
not
limited
to
the
24
transportation
of
inmates,
who
is
certified
as
having
completed
25
jailer
training
pursuant
to
chapter
80B,
and
who
is
employed
26
by
a
county
as
a
jailer.
27
NEW
PARAGRAPH
.
i.
An
emergency
dispatcher
for
a
county
28
sheriff.
29
NEW
PARAGRAPH
.
j.
A
probation
or
parole
officer
employed
by
30
the
Iowa
department
of
corrections.
31
NEW
PARAGRAPH
.
k.
A
residential
officer
employed
by
32
the
department
of
corrections
working
at
a
community-based
33
corrections
residential
facility.
34
Sec.
___.
Section
20.13,
Code
2026,
is
amended
to
read
as
35
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#1.
#2.
follows:
1
20.13
Bargaining
unit
determination
,
amendment,
and
2
reconsideration
.
3
1.
Board
The
board’s
determination
of
an
appropriate
4
bargaining
unit
shall
be
upon
petition
filed
by
a
public
5
employer,
public
employee,
or
employee
organization.
Except
6
as
provided
in
subsection
4,
the
board’s
amendment
of
the
7
composition
of
a
represented
bargaining
unit
shall
be
upon
8
petition
filed
by
the
employer
or
certified
representative
9
of
the
bargaining
unit.
The
board’s
reconsideration
of
the
10
composition
of
a
previously
determined
bargaining
unit
which
is
11
not
represented
by
a
certified
representative
shall
be
upon
the
12
combined
petition
of
an
employee
organization
which
also
seeks
13
a
representation
election
pursuant
to
section
20.14,
subsection
14
2.
15
2.
Within
thirty
days
of
receipt
of
a
petition,
the
board
16
shall
conduct
a
public
hearing,
receive
written
or
oral
17
testimony,
and
promptly
thereafter
file
an
order
defining
18
the
appropriate
bargaining
unit
,
amending
or
refusing
to
19
amend
the
composition
of
a
represented
bargaining
unit
or
20
reconsidering
and
altering
or
refusing
to
alter
the
composition
21
of
an
unrepresented
bargaining
unit
.
In
defining
the
unit,
22
or
determining
whether
a
unit
should
be
amended
or
altered
23
in
response
to
a
petition
for
amendment
or
reconsideration,
24
the
board
shall
take
into
consideration,
along
with
other
25
relevant
factors,
the
principles
of
efficient
administration
26
of
government,
the
existence
of
a
community
of
interest
among
27
public
employees,
the
history
and
extent
of
public
employee
28
organization,
geographical
location,
and
the
recommendations
29
of
the
parties
involved.
30
3.
Professional
and
nonprofessional
employees
shall
not
be
31
included
in
the
same
bargaining
unit
unless
a
majority
of
both
32
agree.
33
4.
Notwithstanding
the
provisions
of
subsection
1,
a
34
petition
to
amend
the
composition
of
a
represented
bargaining
35
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91
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unit
by
the
removal
of
public
safety
employees
may
be
filed
1
by
a
public
safety
employee
who
is
a
member
of
the
bargaining
2
unit.
If
the
petition
is
accompanied
by
evidence
satisfactory
3
to
the
board
that
the
public
safety
employees
in
the
bargaining
4
unit
do
not
constitute
at
least
thirty
percent
of
the
employees
5
in
the
unit
and
that
a
majority
of
the
public
safety
employees
6
in
the
unit
support
the
petition,
the
board
shall
conduct
7
a
hearing
within
thirty
days
of
its
finding
such
evidence
8
satisfactory
and
shall
promptly
thereafter
issue
an
order
9
granting
or
denying
the
requested
amendment.
If
the
board
10
amends
the
composition
of
the
bargaining
unit
by
removing
11
public
safety
employees,
those
employees
may
immediately
be
the
12
subject
of
a
separate
bargaining
unit
determination
petition
13
filed
in
accordance
with
subsection
1.
14
Sec.
___.
Section
20.15,
Code
2026,
is
amended
by
striking
15
the
section
and
inserting
in
lieu
thereof
the
following:
16
20.15
Elections.
17
1.
Upon
the
filing
of
a
petition
for
certification
of
an
18
employee
organization,
the
board
shall
submit
a
question
to
19
the
public
employees
at
an
election
in
the
bargaining
unit
20
found
appropriate
by
the
board.
The
question
on
the
ballot
21
shall
permit
the
public
employees
to
vote
for
no
bargaining
22
representation
or
for
any
employee
organization
which
has
23
petitioned
for
certification
or
which
has
presented
proof
24
satisfactory
to
the
board
of
support
of
ten
percent
or
more
of
25
the
public
employees
in
the
appropriate
unit.
26
2.
If
a
majority
of
the
votes
cast
on
the
question
is
27
for
no
bargaining
representation,
the
public
employees
in
28
the
bargaining
unit
found
appropriate
by
the
board
shall
not
29
be
represented
by
an
employee
organization.
If
a
majority
30
of
the
votes
cast
on
the
question
is
for
a
listed
employee
31
organization,
then
that
employee
organization
shall
represent
32
the
public
employees
in
the
bargaining
unit
found
appropriate
33
by
the
board.
34
3.
If
none
of
the
choices
on
the
ballot
receives
the
vote
35
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91
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of
a
majority
of
the
public
employees
voting,
the
board
shall
1
conduct
a
runoff
election
among
the
two
choices
receiving
the
2
greatest
number
of
votes.
3
4.
Upon
written
objections
filed
by
any
party
to
the
4
election
within
ten
days
after
notice
of
the
results
of
5
the
election,
if
the
board
finds
that
misconduct
or
other
6
circumstances
prevented
the
public
employees
eligible
to
7
vote
from
freely
expressing
their
preferences,
the
board
may
8
invalidate
the
election
and
hold
a
second
election
for
the
9
public
employees.
10
5.
Upon
completion
of
a
valid
election
in
which
the
majority
11
choice
of
the
employees
voting
is
determined,
the
board
shall
12
certify
the
results
of
the
election
and
shall
give
reasonable
13
notice
of
the
order
to
all
employee
organizations
listed
on
the
14
ballot,
the
public
employers,
and
the
public
employees
in
the
15
appropriate
bargaining
unit.
16
6.
a.
A
petition
for
certification
as
exclusive
bargaining
17
representative
of
a
bargaining
unit
shall
not
be
considered
18
by
the
board
for
a
period
of
one
year
from
the
date
of
the
19
noncertification
of
an
employee
organization
as
the
exclusive
20
bargaining
representative
of
that
bargaining
unit
following
a
21
certification
election.
A
petition
for
certification
as
the
22
exclusive
bargaining
representative
of
a
bargaining
unit
shall
23
also
not
be
considered
by
the
board
if
the
bargaining
unit
is
24
at
that
time
represented
by
a
certified
exclusive
bargaining
25
representative.
26
b.
A
petition
for
the
decertification
of
the
exclusive
27
bargaining
representative
of
a
bargaining
unit
shall
not
be
28
considered
by
the
board
for
a
period
of
one
year
from
the
date
29
of
its
certification,
or
within
one
year
of
its
continued
30
certification
following
a
decertification
election,
or
during
31
the
duration
of
a
collective
bargaining
agreement
which,
for
32
purposes
of
this
section,
shall
be
deemed
not
to
exceed
two
33
years.
However,
if
a
petition
for
decertification
is
filed
34
during
the
duration
of
a
collective
bargaining
agreement,
the
35
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91
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board
shall
award
an
election
under
this
section
not
more
than
1
one
hundred
eighty
days
and
not
less
than
one
hundred
fifty
2
days
prior
to
the
expiration
of
the
collective
bargaining
3
agreement.
If
an
employee
organization
is
decertified,
the
4
board
may
receive
petitions
under
section
20.14,
provided
that
5
no
such
petition
and
no
election
conducted
pursuant
to
such
6
petition
within
one
year
from
decertification
shall
include
as
7
a
party
the
decertified
employee
organization.
8
7.
A
collective
bargaining
agreement
with
the
state,
its
9
boards,
commissions,
departments,
and
agencies
shall
be
for
two
10
years.
The
provisions
of
a
collective
bargaining
agreement
or
11
arbitrator’s
award
affecting
state
employees
shall
not
provide
12
for
renegotiations
which
would
require
the
refinancing
of
13
salary
and
fringe
benefits
for
the
second
year
of
the
term
of
14
the
agreement,
except
as
provided
in
section
20.17,
subsection
15
6.
The
effective
date
of
any
such
agreement
shall
be
July
1
of
16
odd-numbered
years,
provided
that
if
an
exclusive
bargaining
17
representative
is
certified
on
a
date
which
will
prevent
the
18
negotiation
of
a
collective
bargaining
agreement
prior
to
19
July
1
of
odd-numbered
years
for
a
period
of
two
years,
the
20
certified
collective
bargaining
representative
may
negotiate
21
a
one-year
contract
with
the
public
employer
which
shall
be
22
effective
from
July
1
of
the
even-numbered
year
to
July
1
23
of
the
succeeding
odd-numbered
year
when
new
contracts
shall
24
become
effective.
25
Sec.
___.
Section
22.7,
subsections
69
and
70,
Code
2026,
26
are
amended
to
read
as
follows:
27
69.
The
evidence
of
public
employee
support
for
28
the
certification
,
retention
and
recertification,
or
29
decertification
of
an
employee
organization
as
defined
in
30
section
20.3
that
is
submitted
to
the
employment
appeal
board
31
as
provided
in
section
20.14
or
20.15
.
32
70.
Information
indicating
whether
a
public
employee
33
voted
in
a
certification
,
retention
and
recertification,
or
34
decertification
election
held
pursuant
to
section
20.15
or
35
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91
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how
the
employee
voted
on
any
question
on
a
ballot
in
such
an
1
election.
2
Sec.
___.
Section
602.1401,
subsection
3,
paragraph
b,
Code
3
2026,
is
amended
to
read
as
follows:
4
b.
For
purposes
of
chapter
20
,
the
certified
representative,
5
which
on
July
1,
1983,
represents
employees
who
become
judicial
6
branch
employees
as
a
result
of
1983
Iowa
Acts,
ch.
186
,
shall
7
remain
the
certified
representative
when
the
employees
become
8
judicial
branch
employees
and
thereafter,
unless
the
public
9
employee
organization
is
not
retained
and
recertified
or
is
10
decertified
in
an
election
held
under
section
20.15
or
amended
11
or
absorbed
into
another
certified
organization
pursuant
to
12
chapter
20
.
Collective
bargaining
negotiations
shall
be
13
conducted
on
a
statewide
basis
and
the
certified
employee
14
organizations
which
engage
in
bargaining
shall
negotiate
on
a
15
statewide
basis,
although
bargaining
units
shall
be
organized
16
by
judicial
district.
The
employment
appeal
board
shall
adopt
17
rules
pursuant
to
chapter
17A
to
implement
this
subsection
.
18
Sec.
___.
DIRECTIVES
TO
EMPLOYMENT
APPEAL
BOARD.
19
1.
The
employment
appeal
board
shall
cancel
any
elections
20
scheduled
or
in
process
pursuant
to
section
20.15,
subsection
21
2,
Code
2026,
as
of
the
effective
date
of
this
division
of
this
22
Act.
23
2.
Notwithstanding
section
20.15,
subsection
1,
paragraph
24
“c”,
Code
2026,
the
employment
appeal
board
shall
consider
a
25
petition
for
certification
of
an
employee
organization
as
the
26
exclusive
representative
of
a
bargaining
unit
for
which
an
27
employee
organization
was
not
retained
and
recertified
as
the
28
exclusive
representative
of
that
bargaining
unit
regardless
of
29
the
amount
of
time
that
has
elapsed
since
the
retention
and
30
recertification
election
at
which
an
employee
organization
was
31
not
retained
or
recertified.
>
32
3.
Title
page,
line
1,
after
<
relating
to
>
by
inserting
33
<
corrections,
including
>
34
4.
Title
page,
line
1,
after
<
offenders
>
by
inserting
35
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2542.3113
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91
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7
#3.
<
and
collective
bargaining
by
employees
of
the
department
of
1
corrections
>
2
5.
By
renumbering
as
necessary.
3
______________________________
RAMIREZ
of
Linn
-7-
HF
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(1)
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7
#5.