Section 1. Section 20.1, subsection 7, Code 2003, is amended to read as follows:

7. Assisting the attorney general in the preparation of

Preparing legal briefs and the presentation ofpresenting oral

arguments in the district court, the court of appeals, and the

supreme court in cases affecting the board.

Sec. 2. Section 20.1, Code 2003, is amended by adding the following new subsection:

NEW SUBSECTION 8. Providing mediators to assist in the

resolution of grievances arising under collective bargaining

and providing training and facilitation for cooperative

alternative bargaining and dispute resolution processes at the

discretion of the board and upon joint request of the parties

involved.

Sec. 3. Section 20.3, subsection 4, Code 2003, is amended to read as follows:

4. "Employee organization" means an organization of any

kind in which public employees participate and which exists

for the primary purpose of representing public employees in

their employment relations.

Sec. 4. Section 20.5, subsection 5, Code 2003, is amended to read as follows:

5. Members of the board and other employees of the board

shall be allowed their actual and necessary expenses incurred

in the performance of their duties. All expenses and salaries

shall be paid from appropriations for such purposes and the

board shall be subject to the budget requirements of chapter

8.

Sec. 5. Section 20.6, subsection 2, Code 2003, is amended to read as follows:

2. Collect, for public employers other than the state and

its boards, commissions, departments, and agencies, data and

conduct studies relating to total compensation, including

wages, hours, benefits and other terms and conditions of

public employment and make the same available to any

interested person or organization.

Sec. 6. Section 20.6, subsection 3, Code 2003, is amended to read as follows:

3. Establish minimum qualifications for arbitrators, fact-

finders, and mediators, establish procedures for appointing,

maintaining, and removing from a list persons representative

of the public to be available to serve as arbitrators, fact-

finders, and mediators, and establish compensation rates for

arbitrators, fact-finders, and mediators.

Sec. 7. Section 20.10, subsection 2, paragraph f, Code 2003, is amended to read as follows:

f. Deny the rights accompanying certification or exclusive

recognition granted in this chapter.

Sec. 8. Section 20.10, subsection 3, paragraph b, Code 2003, is amended to read as follows:

b. Interfere, restrain, or coerce a public employer with

respect to rights granted in this chapter or with respect to

selecting a representative for the purposes of negotiating

collectively onor the adjustment of grievances.

Sec. 9. Section 20.10, subsection 3, paragraph f, Code 2003, is amended to read as follows:

f. Violate the provisions of sections 732.1 to 732.3,

which are hereby made applicable to public employers, public

employees and public employee organizations.

Sec. 10. Section 20.10, subsection 4, Code 2003, is amended to read as follows:

4. The expressing of any views, argument or opinion, or

the dissemination thereof, whether orally or in written,

printed, graphic, or visual form, shall not constitute or be

evidence of any unfair laborprohibited practice under any of

the provisions of this chapter, if such expression contains no

threat of reprisal or force or promise of benefit.

Sec. 11. Section 20.11, subsections 1, 2, and 3, Code 2003, are amended to read as follows:

1. Proceedings against a party alleging a violation of

section 20.10, shall be commenced by filing a complaint with

the board within ninety days of the alleged violation causing

a copy of the complaint to be served upon the accused party in

the manner of an original notice as provided in this chapter.

The accused party shall have ten days within which to file a

written answer to the complaint. However, the board may

conduct a preliminary investigation of the alleged violation,

and if the board determines that the complaint has no basis in

fact, the board may dismiss the complaint. The board shall

promptly thereafter set a time and place for hearing in the

county where the alleged violation occurred, provided,

however, that the presiding officer may conduct the hearing

through the use of technology from a remote location. The

parties shall be permitted to be represented by counsel,

summon witnesses, and request the board to subpoena witnesses

on the requester's behalf. Compliance with the technical

rules of pleading and evidence shall not be required.

2. The board may designate one of its members, an

administrative law judge, or any other qualified person

employed by the board to conductserve as the presiding

officer at the hearing. The administrative law judge

presiding officer has the powers as may be exercised by the

board for conducting the hearing and shall follow the

procedures adopted by the board for conducting the hearing.

The proposed decision of the administrative law judge

presiding officer may be appealed to the board and the board

may hear the case de novo or upon the record as submitted

before the administrative law judge, utilizing procedures

governing appeals to the district court in this section so far

as applicable, or reviewed on motion of the board, in

accordance with the provisions of chapter 17A.

3. The board shall appoint a certified shorthand reporter

to report the proceedings and the board shall fix the

reasonable amount of compensation for such service, and for

any transcript requested by the board, which amountamounts

shall be taxed as other costs.

Sec. 12. Section 20.13, subsections 2 and 3, Code 2003, are amended to read as follows:

2. Within thirty days of receipt of a petition or notice

to all interested parties if on its own initiative, the board

shall conduct a public hearing, receive written or oral

testimony, and promptly thereafter file an order defining the

appropriate bargaining unit. In defining the unit, the board

shall take into consideration, along with other relevant

factors, the principles of efficient administration of

government, the existence of a community of interest among

public employees, the history and extent of public employee

organization, geographical location, and the recommendations

of the parties involved.

3. Appeals from such order shall be governed by appeal

provisions provided in section 20.11the provisions of chapter

17A.

Sec. 13. Section 20.14, subsection 2, paragraph a, Code 2003, is amended to read as follows:

a. The employee organization has submitted a request to a

public employer to bargain collectively withon behalf of a

designated group of public employees.

Sec. 14. Section 20.14, subsection 6, Code 2003, is amended by striking the subsection.

Sec. 15. Section 20.15, subsections 1, 2, and 6, Code 2003, are amended to read as follows:

1. Upon the filing of a petition for certification of an

employee organization, the board shall submit a question to

the public employees at an election in anthe appropriate

bargaining unit. The question on the ballot shall permit the

public employees to vote for no bargaining representation or

for any employee organization which has petitioned for

certification or which has presented proof satisfactory to the

board of support of ten percent or more of the public

employees in the appropriate unit.

2. If a majority of the votes cast on the question is for

no bargaining representation, the public employees in the

bargaining unit shall not be represented by an employee

organization. If a majority of the votes cast on the question

is for a listed employee organization, then thethat employee

organization shall represent the public employees in an

appropriatethe bargaining unit.

6. A petition for certification as an exclusive bargaining

representative, or a petition for decertification of a

certified bargaining representative, shall not be considered

by the board for a period of one year from the date of the

certification or noncertification of an employee organization

as an exclusive bargaining representative or. The board shall

also not consider a petition for decertification of an

exclusive bargaining representative during the duration of a

collective bargaining agreement which, for purposes of this

section, shall be deemed not to exceed two years. A

collective bargaining agreement with the state, its boards,

commissions, departments, and agencies shall be for two years

and the provisions of a collective bargaining agreement except

agreements agreed to or tentatively agreed to prior to July 1,

1977, or arbitrators'arbitrator's award affecting state

employees shall not provide for renegotiations which would

require the refinancing of salary and fringe benefits for the

second year of the term of the agreement, except as provided

in section 20.17, subsection 6, and the effective date of any

such agreement shall be July 1 of odd-numbered years, provided

that if an exclusive bargaining representative is certified on

a date which will prevent the negotiation of a collective

bargaining agreement prior to July 1 of odd-numbered years for

a period of two years, the certified collective bargaining

representative may negotiate a one-year contract with a public

employer which shall be effective from July 1 of the even-

numbered year to July 1 of the succeeding odd-numbered year

when new contracts shall become effective. However, if a

petition for decertification is filed during the duration of a

collective bargaining agreement, the board shall award an

election under this section not more than one hundred eighty

days nor less than one hundred fifty days prior to the

expiration of the collective bargaining agreement. If an

employee organization is decertified, the board may receive

petitions under section 20.14, provided that no such petition

and no election conducted pursuant to such petition within one

year from decertification shall include as a party the

decertified employee organization.

Sec. 16. NEW SECTION 20.16A BARGAINING FACTORS.

The public employer and the certified employee organization

shall consider, in addition to any other relevant factors, the

following bargaining factors in negotiating a collective

bargaining agreement under this chapter:

1. Past collective bargaining contracts between the

parties including the bargaining that led up to such

contracts.

2. Comparison of the total compensation, including wages,

hours, benefits, and conditions of employment of the involved

public employees with those of private sector employees, based

upon the employment and wages annual averages report issued by

the United States department of labor, bureau of labor

statistics, and other public employees doing comparable work,

giving consideration to factors peculiar to the area and the

classifications involved.

3. Consideration of the economic cost of each item of a

proposed collective bargaining agreement and the relationship

of the cost of each item to the total economic cost of a

proposed collective bargaining agreement.

4. The interests and welfare of the public and the effect

on the public employer of financing economic adjustments in a

collective bargaining agreement on the normal standard of

services.

5. The ability of the public employer to finance economic

adjustments; provided, however, that the employer's ability to

finance economic adjustments shall not be predicated on the

premise that the employer may increase or impose new taxes,

fees, or charges, use funds collected and otherwise dedicated

by law for a special or restricted purpose, or develop other

sources of revenue.

6. The present and anticipated future economic conditions

that may impact the financing of economic adjustments,

including consideration of the public employer's financial

condition and the general economic condition of the state.

Sec. 17. Section 20.17, subsection 3, Code 2003, is amended to read as follows:

3. Negotiating sessions, strategy meetings of public

employers or employee organizations, mediation and the

deliberative process of arbitratorsan arbitrator shall be

exempt from the provisions of chapter 21. However, the

employee organization shall present its initial bargaining

position to the public employer at the first bargaining

session. The public employer shall present its initial

bargaining position to the employee organization at the second

bargaining session, which shall be held no later than two

weeks following the first bargaining session. Both sessions

shall be open to the public and subject to the provisions of

chapter 21. Parties who by agreement are utilizing a

cooperative alternative bargaining process may exchange their

respective initial interest statements in lieu of initial

bargaining positions at these open sessions and shall make

minutes or summaries of subsequent sessions available to the

public. Hearings conducted by arbitratorsan arbitrator shall

be open to the public.

Sec. 18. Section 20.17, subsection 6, Code 2003, is amended to read as follows:

6. No collective bargaining agreement or arbitrators'

arbitrator's decision shall be valid or enforceable if its

implementation would be inconsistent with any statutory

limitation on the public employer's funds, spending or budget,

which includes consideration of the bargaining factors

enumerated in section 20.16A, or would substantially impair or

limit the performance of any statutory duty by the public

employer. A collective bargaining agreement or arbitrators'

arbitrator's award may provide for benefits conditional upon

specified funds to be obtained by the public employer, but the

agreement shall provide either for automatic reduction of such

conditional benefits or for additional bargaining if the funds

are not obtained or if a lesser amount is obtained.

Sec. 19. Section 20.17, subsection 10, Code 2003, is amended to read as follows:

10. The negotiation of a proposed collective bargaining

agreement by representatives of a state public employer and a

state employee organization shall be complete not later than

March 15 of the year when the agreement is to become

effective. The board shall provide, by rule, a date on which

any impasse item must be submitted to binding arbitration and

for such other procedures as deemed necessary to provide for

the completion of negotiations of proposed state collective

bargaining agreements not later than March 15. The date

selected for the mandatory submission of impasse items to

binding arbitration shall be sufficiently in advance of March

15 to insure that the arbitrators'arbitrator's decision can

be reasonably made before March 15.

Sec. 20. Section 20.17, subsection 11, Code 2003, is amended to read as follows:

11.

a. In the absence of an impasse agreement negotiated

pursuant to section 20.19 which provides for a different

completion date, public employees represented by a certified

employee organization who are teachers licensed under chapter

272 and who are employed by a public employer which is a

school district or area education agency shall complete the

negotiation of a proposed collective bargaining agreement not

later than May 31 of the year when the agreement is to become

effective. The board shall provide, by rule, a date on which

impasse items in such cases must be submitted to binding

arbitration and for such other procedures as deemed necessary

to provide for the completion of negotiations of proposed

collective bargaining agreements not later than May 31. The

date selected for the mandatory submission of impasse items to

binding arbitration in such cases shall be sufficiently in

advance of May 31 to ensure that the arbitrators'arbitrator's

decision can be reasonably made beforeby May 31.

b. If the public employer is a community college, the

following apply:

(1) The negotiation of a proposed collective bargaining

agreement shall be complete not later than May 31 of the year

when the agreement is to become effective, absent the

existencethen, in the absence of an impasse agreement

negotiated pursuant to section 20.19 which provides for a

different completion date, public employees represented by a

certified employee organization who are employed by a public

employer which is a community college shall complete the

negotiation of a proposed collective bargaining agreement not

later than May 31 of the year when the agreement is to become

effective. The board shall adopt rules providingprovide, by

rule, for a date on which impasse items in such cases must be

submitted to binding arbitration and for such other procedures

as deemed necessary to provide for the completion of

negotiations of proposed collective bargaining agreements not

later than May 31. The date selected for the mandatory

submission of impasse items to binding arbitration in such

cases shall be sufficiently in advance of May 31 to ensure

that the arbitrators'arbitrator's decision can be reasonably

made by May 31.

(2) Notwithstanding the provisions of subparagraph (1),

the May 31 deadline may be waived by mutual agreement of the

parties to the collective bargaining agreement negotiations.

Sec. 21. Section 20.18, unnumbered paragraph 1, Code 2003, is amended to read as follows:

An agreement with an employee organization which is the

exclusive representative of public employees in an appropriate

unit may provide procedures for the consideration of public

employee and employee organization grievances and of disputes

over the interpretation and application of agreements.

Negotiated procedures may provide for binding arbitration of

public employee and employee organization grievances and of

disputes over the interpretation and application of existing

agreements. An arbitrator's decision on a grievance may not

change or amend the terms, conditions or applications of the

collective bargaining agreement. Such procedures shall

provide for the invoking of arbitration only with the approval

of the employee organization, and in the case of an employee

grievance, only with the approval of the public employee. The

costs of arbitration shall be shared equally by the parties.

Sec. 22. Section 20.19, Code 2003, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. Parties who by agreement are

utilizing a cooperative alternative bargaining process shall,

at the outset of such process, agree upon a method and

schedule for the completion of impasse procedures should they

fail to reach a collective bargaining agreement through the

use of such alternative process.

Sec. 23. Section 20.21, unnumbered paragraph 1, Code 2003, is amended to read as follows:

If the impasse persists ten days after the mediator has

been appointed, the board shall appoint a fact-finder

representative of the public, from a list of qualified persons

maintained by the board. The fact-finder shall conduct a

hearing, may administer oaths, and may request the board to

issue subpoenas. The fact-finder shall make written findings

of facts and recommendations for resolution of the dispute,

taking into consideration the bargaining factors enumerated in

section 20.16A, and, not later than fifteen days from the day

of appointment, shall serve such findings on the public

employer and the certified employee organization.

Sec. 24. Section 20.22, subsections 1, 2, and 3, Code 2003, are amended to read as follows:

1. If an impasse persists after the fact-finder's findings

of fact and recommendations are made public by the fact-finder

board, the parties may continue to negotiate or, the board

shall have the power, upon request of either party, to arrange

for arbitration, which shall be binding. The request for

arbitration shall be in writing and a copy of the request

shall be served upon the other party.

2. Each party shall submit to the board within four days

of request a final offer on the impasse items with proof of

service of a copy upon the other party. Each party shall also

submit a copy of a draft of the proposed collective bargaining

agreement to the extent to which agreement has been reached

and the name of its selected arbitrator. The parties may

continue to negotiate all offers until an agreement is reached

or a decisionan award is rendered by the panel of arbitrators

arbitrator.

As an alternative procedure, the two parties may agree to

submit the dispute to a single arbitrator. If the parties

cannot agree on the arbitrator within four days, the selection

shall be made pursuant to subsection 5. The full costs of

arbitration under this provisionsection shall be shared

equally by the parties to the dispute.

3. The submission of the impasse items to the arbitrators

arbitrator shall be limited to those issues that had been

considered by the fact-finder and upon which the parties have

not reached agreement. With respect to each such item, the

arbitration boardarbitrator's award shall be restricted to

the final offers on each impasse item submitted by the parties

to the arbitration boardarbitrator or to the recommendation

of the fact-finder on each impasse item.

Sec. 25. Section 20.22, subsections 4, 5, and 6, Code 2003, are amended by striking the subsections and inserting in lieu thereof the following:

4. Upon the filing of the request for arbitration, a list

of five arbitrators shall be served upon the parties by the

board. Within five days of service of the list, the parties

shall determine by lot which party shall remove the first name

from the list and the parties shall then alternately remove

names from the list until the name of one person remains, who

shall become the arbitrator. The parties shall immediately

notify the board of their selection and the board shall notify

the arbitrator. After consultation with the parties, the

arbitrator shall set a time and place for an arbitration

hearing.

Sec. 26. Section 20.22, subsections 7 and 8, Code 2003, are amended to read as follows:

7. The panel of arbitratorsarbitrator shall at no time

engage in an effort to mediate or otherwise settle the dispute

in any manner other than that prescribed in this section.

8. From the time of appointmentthe board notifies the

arbitrator of the selection of the arbitrator until such time

as the panel of arbitrators makes its final determination

arbitrator's selection on each impasse item is made, there

shall be no discussion concerning recommendations for

settlement of the dispute by the members of the panel of

arbitratorsarbitrator with parties other than those who are

direct parties to the dispute. The panel of arbitrators may

conduct formal or informal hearings to discuss offers

submitted by both parties.

Sec. 27. Section 20.22, subsection 9, Code 2003, is amended by striking the subsection and inserting in lieu thereof the following:

9. The arbitrator shall consider, in addition to any other

relevant factors, the bargaining factors enumerated in section

20.16A.

Sec. 28. Section 20.22, subsections 10, 11, 12, and 13, Code 2003, are amended to read as follows:

10. The chairperson of the panel of arbitratorsarbitrator

may hold hearings and administer oaths, examine witnesses and

documents, take testimony and receive evidence, and issue

subpoenas to compel the attendance of witnesses and the

production of records, and delegate such powers to other

members of the panel of arbitrators. The chairperson of the

panel of arbitratorsarbitrator may petition the district

court at the seat of government or of the county in which any

the hearing is held to enforce the order of the chairperson

arbitrator compelling the attendance of witnesses and the

production of records.

11. A majority of the panel of arbitratorsThe arbitrator

shall select within fifteen days after its first meetingthe

hearing the most reasonable offer, in itsthe arbitrator's

judgment, of the final offers on each impasse item submitted

by the parties, or the recommendations of the fact-finder on

each impasse item.

12. The selections by the panel of arbitratorsarbitrator

and items agreed upon by the public employer and the employee

organization, shall be deemed to be the collective bargaining

agreement between the parties.

13. The determination of the panel of arbitrators shall be

by majority vote andarbitrator shall be final and binding

subject to the provisions of section 20.17, subsection 6. The

panel of arbitratorsarbitrator shall give written explanation

for its selectionthe arbitrator's selections and inform the

parties of itsthe decision.

Sec. 29. Section 20.24, Code 2003, is amended to read as follows:

Any notice required under the provisions of this chapter

shall be in writing, but service thereof shall be sufficient

if mailed by restricted certified mail, return receipt

requested, addressed to the last known address of the parties

intended recipient, unless otherwise provided in this chapter.

Refusal of restricted certified mail by any party shall be

considered service. PrescribedUnless otherwise provided in

this chapter, time periods shall commence from the date of the

receipt of the notice. Any party may at any time execute and

deliver an acceptance of service in lieu of mailed notice.

Sec. 30. Section 20.30, Code 2003, is repealed.