House File 308
HOUSE FILE
BY MURPHY and T. TAYLOR
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to discipline and discharge provisions of
2 collective bargaining agreements for public sector employees.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2235HH 80
5 ec/cl/14
PAG LIN
1 1 Section 1. Section 20.9, unnumbered paragraph 1, Code
1 2 2003, is amended to read as follows:
1 3 The public employer and the employee organization shall
1 4 meet at reasonable times, including meetings reasonably in
1 5 advance of the public employer's budget=making process, to
1 6 negotiate in good faith with respect to wages, hours,
1 7 vacations, insurance, holidays, leaves of absence, shift
1 8 differentials, overtime compensation, supplemental pay,
1 9 seniority, transfer procedures, discipline and discharge, job
1 10 classifications, health and safety matters, evaluation
1 11 procedures, procedures for staff reduction, in=service
1 12 training and other matters mutually agreed upon. Negotiations
1 13 shall also include terms authorizing dues checkoff for members
1 14 of the employee organization and grievance procedures for
1 15 resolving any questions arising under the agreement, which
1 16 shall be embodied in a written agreement and signed by the
1 17 parties. If an agreement provides for dues checkoff, a
1 18 member's dues may be checked off only upon the member's
1 19 written request and the member may terminate the dues checkoff
1 20 at any time by giving thirty days' written notice. Such
1 21 obligation to negotiate in good faith does not compel either
1 22 party to agree to a proposal or make a concession.
1 23 Sec. 2. Section 275.33, subsection 1, Code 2003, is
1 24 amended to read as follows:
1 25 1. The terms of employment of superintendents, principals,
1 26 and teachers, for the school year following the effective date
1 27 of the formation of the new district shall not be affected by
1 28 the formation of the new district, except in accordance with
1 29 the provisions of sections 279.15 to 279.18 and 279.24, to the
1 30 extent those provisions are applicable, and the authority and
1 31 responsibility to offer new contracts or to continue, modify,
1 32 or terminate existing contracts pursuant to sections 279.12,
1 33 279.13, 279.15 to 279.21, 279.23, and 279.24 for the school
1 34 year beginning with the effective date of the reorganization
1 35 shall be transferred from the boards of the existing districts
2 1 to the board of the new district on the third Tuesday of
2 2 January prior to the school year the reorganization is
2 3 effective.
2 4 Sec. 3. Section 279.13, Code 2003, is amended by adding
2 5 the following new subsection:
2 6 NEW SUBSECTION. 4. If a teacher is represented by an
2 7 employee organization and covered by a collective bargaining
2 8 agreement negotiated under chapter 20 which includes
2 9 procedures for discipline and discharge, sections 279.15
2 10 through 279.19 shall not apply to the teacher.
2 11 Sec. 4. Section 279.14, Code 2003, is amended by striking
2 12 the section and inserting in lieu thereof the following:
2 13 279.14 EVALUATION CRITERIA.
2 14 The board of educational examiners shall develop summative
2 15 evaluation criteria which shall be used by local school
2 16 districts to evaluate teachers licensed under chapter 272,
2 17 unless the parties to the collective bargaining agreement
2 18 mutually agree to alternate evaluation criteria.
2 19 Sec. 5. Section 279.27, Code 2003, is amended to read as
2 20 follows:
2 21 279.27 DISCHARGE OF TEACHER.
2 22 A teacher may be discharged at any time during the contract
2 23 year for just cause. The superintendent or the
2 24 superintendent's designee, shall notify the teacher
2 25 immediately that the superintendent will recommend in writing
2 26 to the board at a regular or special meeting of the board held
2 27 not more than fifteen days after notification has been given
2 28 to the teacher that the teacher's continuing contract be
2 29 terminated effective immediately following a decision of the
2 30 board. The procedure for dismissal shall be as provided in
2 31 sections 279.15(2) section 279.15, subsection 2, and sections
2 32 279.16 to 279.19, to the extent those procedures are
2 33 applicable, or under the terms of the base bargaining
2 34 agreement. The superintendent may suspend a teacher under
2 35 this section pending hearing and determination by the board.
3 1 Sec. 6. Section 400.18, Code 2003, is amended to read as
3 2 follows:
3 3 400.18 REMOVAL, DEMOTION, OR SUSPENSION.
3 4 No person holding civil service rights as provided in this
3 5 chapter shall be removed, demoted, or suspended arbitrarily,
3 6 except as otherwise provided in this chapter, but may be
3 7 removed, demoted, or suspended after a hearing by a majority
3 8 vote of the civil service commission, for neglect of duty,
3 9 disobedience, misconduct, or failure to properly perform the
3 10 person's duties. However, if a person holding civil service
3 11 rights as provided in this chapter is represented by an
3 12 employee organization and covered by a collective bargaining
3 13 agreement negotiated under chapter 20 which includes removal,
3 14 demotion, or suspension procedures, the procedures provided in
3 15 this chapter for removal, demotion, or suspension shall not
3 16 apply to the person.
3 17 EXPLANATION
3 18 This bill makes changes relating to discipline and
3 19 discharge procedures as they relate to collective bargaining
3 20 agreements for public sector employees.
3 21 The bill adds discipline and discharge to the list of
3 22 mandatory subjects of collective bargaining agreements entered
3 23 into pursuant to Code chapter 20.
3 24 The bill provides that a teacher whose collective
3 25 bargaining agreement includes procedures for discipline and
3 26 discharge cannot use Code chapter 279 provisions for appeal of
3 27 a discharge.
3 28 The bill requires the board of educational examiners to
3 29 develop summative evaluation criteria which shall be used by
3 30 local school districts to evaluate teachers, unless the
3 31 parties to a collective bargaining agreement mutually agree to
3 32 alternate evaluation criteria. Current law provides that the
3 33 determination of standards of performance of school district
3 34 personnel is not subject to mandatory collective bargaining
3 35 and objections to an evaluation used in a teacher termination
4 1 proceeding shall not be subject to negotiated grievance
4 2 procedures.
4 3 The bill provides that the procedures in a collective
4 4 bargaining agreement covering removal, demotion, or suspension
4 5 apply to a person holding city civil service rights and who is
4 6 covered by the collective bargaining agreement rather than the
4 7 procedures specified in Code chapter 400.
4 8 LSB 2235HH 80
4 9 ec/cl/14