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 -1- HF 2542.3113 (1) 91 je/js 1/ 7 #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 -2- HF 2542.3113 (1) 91 je/js 2/ 7
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 -3- HF 2542.3113 (1) 91 je/js 3/ 7
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 -4- HF 2542.3113 (1) 91 je/js 4/ 7
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 -5- HF 2542.3113 (1) 91 je/js 5/ 7
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 -6- HF 2542.3113 (1) 91 je/js 6/ 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 2542.3113 (1) 91 je/js 7/ 7 #5.