House Study Bill 233
SENATE/HOUSE FILE
BY (PROPOSED PUBLIC EMPLOYMENT
RELATIONS BOARD BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning public employee collective bargaining.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1242DP 81
4 ec/cf/24
PAG LIN
1 1 Section 1. Section 20.1, subsection 7, Code 2005, is
1 2 amended to read as follows:
1 3 7. Assisting the attorney general in the preparation of
1 4 Preparing legal briefs and the presentation of presenting oral
1 5 arguments in the district court, the court of appeals, and the
1 6 supreme court in cases affecting the board.
1 7 Sec. 2. Section 20.3, subsection 4, Code 2005, is amended
1 8 to read as follows:
1 9 4. "Employee organization" means an organization of any
1 10 kind in which public employees participate and which exists
1 11 for the primary purpose of representing public employees in
1 12 their employment relations.
1 13 Sec. 3. Section 20.5, subsection 5, Code 2005, is amended
1 14 to read as follows:
1 15 5. Members of the board and other employees of the board
1 16 shall be allowed their actual and necessary expenses incurred
1 17 in the performance of their duties. All expenses and salaries
1 18 shall be paid from appropriations for such purposes and the
1 19 board shall be subject to the budget requirements of chapter
1 20 8.
1 21 Sec. 4. Section 20.6, subsection 3, Code 2005, is amended
1 22 to read as follows:
1 23 3. Establish minimum qualifications for arbitrators, fact=
1 24 finders, and mediators, establish procedures for appointing,
1 25 maintaining, and removing from a list persons representative
1 26 of the public to be available to serve as arbitrators, fact=
1 27 finders, and mediators, and establish compensation rates for
1 28 arbitrators, fact=finders, and mediators.
1 29 Sec. 5. Section 20.10, subsection 2, paragraph f, Code
1 30 2005, is amended to read as follows:
1 31 f. Deny the rights accompanying certification or exclusive
1 32 recognition granted in this chapter.
1 33 Sec. 6. Section 20.10, subsection 3, paragraph b, Code
1 34 2005, is amended to read as follows:
1 35 b. Interfere, restrain, or coerce a public employer with
2 1 respect to rights granted in this chapter or with respect to
2 2 selecting a representative for the purposes of negotiating
2 3 collectively on or the adjustment of grievances.
2 4 Sec. 7. Section 20.10, subsection 3, paragraph f, Code
2 5 2005, is amended to read as follows:
2 6 f. Violate the provisions of sections 732.1 to 732.3,
2 7 which are hereby made applicable to public employers, public
2 8 employees, and public employee organizations.
2 9 Sec. 8. Section 20.10, subsection 4, Code 2005, is amended
2 10 to read as follows:
2 11 4. The expressing of any views, argument or opinion, or
2 12 the dissemination thereof, whether orally or in written,
2 13 printed, graphic, or visual form, shall not constitute or be
2 14 evidence of any unfair labor prohibited practice under any of
2 15 the provisions of this chapter, if such expression contains no
2 16 threat of reprisal or force or promise of benefit.
2 17 Sec. 9. Section 20.11, subsections 1, 2, and 3, Code 2005,
2 18 are amended to read as follows:
2 19 1. Proceedings against a party alleging a violation of
2 20 section 20.10, shall be commenced by filing a complaint with
2 21 the board within ninety days of the alleged violation, causing
2 22 a copy of the complaint to be served upon the accused party in
2 23 the manner of an original notice as provided in this chapter.
2 24 The accused party shall have ten days within which to file a
2 25 written answer to the complaint. However, the board may
2 26 conduct a preliminary investigation of the alleged violation,
2 27 and if the board determines that the complaint has no basis in
2 28 fact, the board may dismiss the complaint. The board shall
2 29 promptly thereafter set a time and place for hearing in the
2 30 county where the alleged violation occurred, provided,
2 31 however, that the presiding officer may conduct the hearing
2 32 through the use of technology from a remote location. The
2 33 parties shall be permitted to be represented by counsel,
2 34 summon witnesses, and request the board to subpoena witnesses
2 35 on the requester's behalf. Compliance with the technical
3 1 rules of pleading and evidence shall not be required.
3 2 2. The board may designate one of its members, an
3 3 administrative law judge, or any other qualified person
3 4 employed by the board to conduct serve as the presiding
3 5 officer at the hearing. The administrative law judge
3 6 presiding officer has the powers as may be exercised by the
3 7 board for conducting the hearing and shall follow the
3 8 procedures adopted by the board for conducting the hearing.
3 9 The proposed decision of the administrative law judge
3 10 presiding officer may be appealed to the board and the board
3 11 may hear the case de novo or upon the record as submitted
3 12 before the administrative law judge, utilizing procedures
3 13 governing appeals to the district court in this section so far
3 14 as applicable, or reviewed on motion of the board, in
3 15 accordance with the provisions of chapter 17A.
3 16 3. The board shall appoint a certified shorthand reporter
3 17 to report the proceedings and the board shall fix the
3 18 reasonable amount of compensation for such service, and for
3 19 any transcript requested by the board, which amount amounts
3 20 shall be taxed as other costs.
3 21 Sec. 10. Section 20.13, subsections 2 and 3, Code 2005,
3 22 are amended to read as follows:
3 23 2. Within thirty days of receipt of a petition or notice
3 24 to all interested parties if on its own initiative, the board
3 25 shall conduct a public hearing, receive written or oral
3 26 testimony, and promptly thereafter file an order defining the
3 27 appropriate bargaining unit. In defining the unit, the board
3 28 shall take into consideration, along with other relevant
3 29 factors, the principles of efficient administration of
3 30 government, the existence of a community of interest among
3 31 public employees, the history and extent of public employee
3 32 organization, geographical location, and the recommendations
3 33 of the parties involved.
3 34 3. Appeals from such order shall be governed by appeal
3 35 provisions provided in section 20.11 the provisions of chapter
4 1 17A.
4 2 Sec. 11. Section 20.14, subsection 2, paragraph a, Code
4 3 2005, is amended to read as follows:
4 4 a. The employee organization has submitted a request to a
4 5 public employer to bargain collectively with on behalf of a
4 6 designated group of public employees.
4 7 Sec. 12. Section 20.14, subsection 6, Code 2005, is
4 8 amended by striking the subsection.
4 9 Sec. 13. Section 20.15, subsections 1, 2, and 6, Code
4 10 2005, are amended to read as follows:
4 11 1. Upon the filing of a petition for certification of an
4 12 employee organization, the board shall submit a question to
4 13 the public employees at an election in an the appropriate
4 14 bargaining unit. The question on the ballot shall permit the
4 15 public employees to vote for no bargaining representation or
4 16 for any employee organization which has petitioned for
4 17 certification or which has presented proof satisfactory to the
4 18 board of support of ten percent or more of the public
4 19 employees in the appropriate unit.
4 20 2. If a majority of the votes cast on the question is for
4 21 no bargaining representation, the public employees in the
4 22 bargaining unit shall not be represented by an employee
4 23 organization. If a majority of the votes cast on the question
4 24 is for a listed employee organization, then the that employee
4 25 organization shall represent the public employees in an
4 26 appropriate the bargaining unit.
4 27 6. A petition for certification as an exclusive bargaining
4 28 representative, or a petition for decertification of a
4 29 certified bargaining representative, shall not be considered
4 30 by the board for a period of one year from the date of the
4 31 certification or noncertification of an employee organization
4 32 as an exclusive bargaining representative or. The board shall
4 33 also not consider a petition for decertification of an
4 34 exclusive bargaining representative during the duration of a
4 35 collective bargaining agreement which, for purposes of this
5 1 section, shall be deemed not to exceed two years. A
5 2 collective bargaining agreement with the state, its boards,
5 3 commissions, departments, and agencies shall be for two years
5 4 and the provisions of a collective bargaining agreement except
5 5 agreements agreed to or tentatively agreed to prior to July 1,
5 6 1977, or arbitrators' arbitrator's award affecting state
5 7 employees shall not provide for renegotiations which would
5 8 require the refinancing of salary and fringe benefits for the
5 9 second year of the term of the agreement, except as provided
5 10 in section 20.17, subsection 6, and the effective date of any
5 11 such agreement shall be July 1 of odd=numbered years, provided
5 12 that if an exclusive bargaining representative is certified on
5 13 a date which will prevent the negotiation of a collective
5 14 bargaining agreement prior to July 1 of odd=numbered years for
5 15 a period of two years, the certified collective bargaining
5 16 representative may negotiate a one=year contract with a the
5 17 public employer which shall be effective from July 1 of the
5 18 even=numbered year to July 1 of the succeeding odd=numbered
5 19 year when new contracts shall become effective. However, if a
5 20 petition for decertification is filed during the duration of a
5 21 collective bargaining agreement, the board shall award an
5 22 election under this section not more than one hundred eighty
5 23 days nor less than one hundred fifty days prior to the
5 24 expiration of the collective bargaining agreement. If an
5 25 employee organization is decertified, the board may receive
5 26 petitions under section 20.14, provided that no such petition
5 27 and no election conducted pursuant to such petition within one
5 28 year from decertification shall include as a party the
5 29 decertified employee organization.
5 30 Sec. 14. Section 20.17, subsection 3, Code 2005, is
5 31 amended to read as follows:
5 32 3. Negotiating sessions, strategy meetings of public
5 33 employers or employee organizations, mediation, and the
5 34 deliberative process of arbitrators shall be exempt from the
5 35 provisions of chapter 21. However, the employee organization
6 1 shall present its initial bargaining position to the public
6 2 employer at the first bargaining session. The public employer
6 3 shall present its initial bargaining position to the employee
6 4 organization at the second bargaining session, which shall be
6 5 held no later than two weeks following the first bargaining
6 6 session. Both sessions shall be open to the public and
6 7 subject to the provisions of chapter 21. Parties who by
6 8 agreement are utilizing a cooperative alternative bargaining
6 9 process may exchange their respective initial interest
6 10 statements in lieu of initial bargaining positions at these
6 11 open sessions. Hearings conducted by arbitrators shall be
6 12 open to the public.
6 13 Sec. 15. Section 20.17, subsection 6, Code 2005, is
6 14 amended to read as follows:
6 15 6. No A collective bargaining agreement or arbitrators'
6 16 decision arbitrator's award shall not be valid or enforceable
6 17 if its implementation would be inconsistent with any statutory
6 18 limitation on the public employer's funds, spending or budget,
6 19 or would substantially impair or limit the performance of any
6 20 statutory duty by the public employer. A collective
6 21 bargaining agreement or arbitrators' arbitrator's award may
6 22 provide for benefits conditional upon specified funds to be
6 23 obtained by the public employer, but the agreement shall
6 24 provide either for automatic reduction of such conditional
6 25 benefits or for additional bargaining if the funds are not
6 26 obtained or if a lesser amount is obtained.
6 27 Sec. 16. Section 20.17, subsection 10, Code 2005, is
6 28 amended to read as follows:
6 29 10. The negotiation of a proposed collective bargaining
6 30 agreement by representatives of a state public employer and a
6 31 state employee organization shall be complete not later than
6 32 March 15 of the year when the agreement is to become
6 33 effective. The board shall provide, by rule, a date on which
6 34 any impasse item must be submitted to binding arbitration and
6 35 for such other procedures as deemed necessary to provide for
7 1 the completion of negotiations of proposed state collective
7 2 bargaining agreements not later than March 15. The date
7 3 selected for the mandatory submission of impasse items to
7 4 binding arbitration shall be sufficiently in advance of March
7 5 15 to insure ensure that the arbitrators' decision
7 6 arbitrator's award can be reasonably made before March 15.
7 7 Sec. 17. Section 20.17, subsection 11, Code 2005, is
7 8 amended to read as follows:
7 9 11. a. In the absence of an impasse agreement negotiated
7 10 pursuant to section 20.19 which provides for a different
7 11 completion date, public employees represented by a certified
7 12 employee organization who are teachers licensed under chapter
7 13 272 and who are employed by a public employer which is a
7 14 school district or area education agency shall complete the
7 15 negotiation of a proposed collective bargaining agreement not
7 16 later than May 31 of the year when the agreement is to become
7 17 effective. The board shall provide, by rule, a date on which
7 18 impasse items in such cases must be submitted to binding
7 19 arbitration and for such other procedures as deemed necessary
7 20 to provide for the completion of negotiations of proposed
7 21 collective bargaining agreements not later than May 31. The
7 22 date selected for the mandatory submission of impasse items to
7 23 binding arbitration in such cases shall be sufficiently in
7 24 advance of May 31 to ensure that the arbitrators' decision
7 25 arbitrator's award can be reasonably made before by May 31.
7 26 b. If the public employer is a community college, the
7 27 following apply:
7 28 (1) The negotiation of a proposed collective bargaining
7 29 agreement shall be complete not later than May 31 of the year
7 30 when the agreement is to become effective, absent the
7 31 existence In the absence of an impasse agreement negotiated
7 32 pursuant to section 20.19 which provides for a different
7 33 completion date, public employees represented by a certified
7 34 employee organization who are employed by a public employer
7 35 which is a community college shall complete the negotiation of
8 1 a proposed collective bargaining agreement not later than May
8 2 31 of the year when the agreement is to become effective. The
8 3 board shall adopt rules providing for provide, by rule, a date
8 4 on which impasse items in such cases must be submitted to
8 5 binding arbitration and for such other procedures as deemed
8 6 necessary to provide for the completion of negotiations of
8 7 proposed collective bargaining agreements not later than May
8 8 31. The date selected for the mandatory submission of impasse
8 9 items to binding arbitration in such cases shall be
8 10 sufficiently in advance of May 31 to ensure that the
8 11 arbitrators' decision arbitrator's award can be reasonably
8 12 made by May 31.
8 13 (2) Notwithstanding the provisions of subparagraph (1),
8 14 the May 31 deadline may be waived by mutual agreement of the
8 15 parties to the collective bargaining agreement negotiations.
8 16 Sec. 18. Section 20.18, unnumbered paragraph 1, Code 2005,
8 17 is amended to read as follows:
8 18 An agreement with an employee organization which is the
8 19 exclusive representative of public employees in an appropriate
8 20 unit may provide procedures for the consideration of public
8 21 employee and employee organization grievances and of disputes
8 22 over the interpretation and application of agreements.
8 23 Negotiated procedures may provide for binding arbitration of
8 24 public employee and employee organization grievances and of
8 25 disputes over the interpretation and application of existing
8 26 agreements. An arbitrator's decision on a grievance may not
8 27 change or amend the terms, conditions or applications of the
8 28 collective bargaining agreement. Such procedures shall
8 29 provide for the invoking of arbitration only with the approval
8 30 of the employee organization, and in the case of an employee
8 31 grievance, only with the approval of the public employee. The
8 32 costs of arbitration shall be shared equally by the parties.
8 33 Sec. 19. Section 20.19, Code 2005, is amended by adding
8 34 the following new unnumbered paragraph:
8 35 NEW UNNUMBERED PARAGRAPH. Parties who by agreement are
9 1 utilizing a cooperative alternative bargaining process shall,
9 2 at the outset of such process, agree upon a method and
9 3 schedule for the completion of impasse procedures should they
9 4 fail to reach a collective bargaining agreement through the
9 5 use of such alternative process.
9 6 Sec. 20. Section 20.21, unnumbered paragraphs 1 and 2,
9 7 Code 2005, are amended to read as follows:
9 8 If the impasse persists ten days after the mediator has
9 9 been appointed, the board shall appoint a fact=finder
9 10 representative of the public, from a list of qualified persons
9 11 maintained by the board. The fact=finder shall conduct a
9 12 hearing, may administer oaths, and may request the board to
9 13 issue subpoenas to compel the attendance of witnesses and the
9 14 production of records. The fact=finder may petition the
9 15 district court at the seat of government or of the county in
9 16 which the hearing is held to enforce the subpoena. The fact=
9 17 finder shall make written findings of facts and
9 18 recommendations for resolution of the dispute each impasse
9 19 item and, not later than fifteen days from the day of
9 20 appointment date of the hearing, shall serve such findings and
9 21 recommendations on the public employer and the certified
9 22 employee organization.
9 23 The Upon receipt of the fact=finder's findings and
9 24 recommendations, the public employer and the certified
9 25 employee organization shall immediately accept the fact=
9 26 finder's recommendation recommendations in their entirety or
9 27 shall within five days submit the fact=finder's
9 28 recommendations to the governing body of the public employer
9 29 and members of the certified employee organization for such
9 30 acceptance or rejection. If the dispute is not resolved by
9 31 both parties' acceptance of the fact=finder's recommendations,
9 32 the parties may continue to negotiate and resolve any disputed
9 33 impasse items. If the dispute continues ten days after the
9 34 report is submitted fact=finder's findings and recommendations
9 35 are served, the report findings and recommendations shall be
10 1 made public by the board.
10 2 Sec. 21. Section 20.22, subsections 1, 2, and 3, Code
10 3 2005, are amended to read as follows:
10 4 1. If an impasse persists after the fact=finder's findings
10 5 of fact and recommendations are made public by the fact=
10 6 finder board, the parties may continue to negotiate or, the
10 7 board shall have the power, upon request of either party, to
10 8 arrange for arbitration, which shall be binding. The request
10 9 for arbitration shall be in writing and a copy of the request
10 10 shall be served upon the other party.
10 11 2. Each party shall submit to the board within four days
10 12 of request a final offer on the impasse items with proof of
10 13 service of a copy upon the other party. Each party shall also
10 14 submit a copy of a draft of the proposed collective bargaining
10 15 agreement to the extent to which agreement has been reached
10 16 and the name of its selected arbitrator. The parties may
10 17 continue to negotiate all offers until an agreement is reached
10 18 or a decision an award is rendered by the panel of arbitrators
10 19 arbitrator.
10 20 As an alternative procedure, the two parties may agree to
10 21 submit the dispute to a single arbitrator. If the parties
10 22 cannot agree on the arbitrator within four days, the selection
10 23 shall be made pursuant to subsection 5. The full costs of
10 24 arbitration under this provision section shall be shared
10 25 equally by the parties to the dispute.
10 26 3. The submission of the impasse items to the arbitrators
10 27 arbitrator shall be limited to those issues that had been
10 28 considered by the fact=finder and upon which the parties have
10 29 not reached agreement. With respect to each such item, the
10 30 arbitration board arbitrator's award shall be restricted to
10 31 the final offers on each impasse item submitted by the parties
10 32 to the arbitration board arbitrator or to the recommendation
10 33 of the fact=finder on each impasse item.
10 34 Sec. 22. Section 20.22, subsection 4, Code 2005, is
10 35 amended by striking the subsection and inserting in lieu
11 1 thereof the following:
11 2 4. Upon the filing of the request for arbitration, a list
11 3 of five arbitrators shall be served upon the parties by the
11 4 board. Within five days of service of the list, the parties
11 5 shall determine by lot which party shall remove the first name
11 6 from the list and the parties shall then alternately remove
11 7 names from the list until the name of one person remains, who
11 8 shall become the arbitrator. The parties shall immediately
11 9 notify the board of their selection and the board shall notify
11 10 the arbitrator. After consultation with the parties, the
11 11 arbitrator shall set a time and place for an arbitration
11 12 hearing.
11 13 Sec. 23. Section 20.22, subsections 5 and 6, Code 2005,
11 14 are amended by striking the subsections.
11 15 Sec. 24. Section 20.22, subsections 7 and 8, Code 2005,
11 16 are amended to read as follows:
11 17 7. The panel of arbitrators arbitrator shall at no time
11 18 engage in an effort to mediate or otherwise settle the dispute
11 19 in any manner other than that prescribed in this section.
11 20 8. From the time of appointment the board notifies the
11 21 arbitrator of the selection of the arbitrator until such time
11 22 as the panel of arbitrators makes its final determination
11 23 arbitrator's selection on each impasse item is made, there
11 24 shall be no discussion concerning recommendations for
11 25 settlement of the dispute by the members of the panel of
11 26 arbitrators arbitrator with parties other than those who are
11 27 direct parties to the dispute. The panel of arbitrators may
11 28 conduct formal or informal hearings to discuss offers
11 29 submitted by both parties.
11 30 Sec. 25. Section 20.22, subsection 9, unnumbered paragraph
11 31 1, Code 2005, is amended to read as follows:
11 32 The panel of arbitrators arbitrator shall consider, in
11 33 addition to any other relevant factors, the following factors:
11 34 Sec. 26. Section 20.22, subsections 10, 11, 12, and 13,
11 35 Code 2005, are amended to read as follows:
12 1 10. The chairperson of the panel of arbitrators arbitrator
12 2 may hold hearings and administer oaths, examine witnesses and
12 3 documents, take testimony and receive evidence, and issue
12 4 subpoenas to compel the attendance of witnesses and the
12 5 production of records, and delegate such powers to other
12 6 members of the panel of arbitrators. The chairperson of the
12 7 panel of arbitrators arbitrator may petition the district
12 8 court at the seat of government or of the county in which any
12 9 the hearing is held to enforce the order of the chairperson
12 10 arbitrator compelling the attendance of witnesses and the
12 11 production of records.
12 12 11. A majority of the panel of arbitrators The arbitrator
12 13 shall select within fifteen days after its first meeting the
12 14 hearing the most reasonable offer, in its the arbitrator's
12 15 judgment, of the final offers on each impasse item submitted
12 16 by the parties, or the recommendations of the fact=finder on
12 17 each impasse item.
12 18 12. The selections by the panel of arbitrators arbitrator
12 19 and items agreed upon by the public employer and the employee
12 20 organization, shall be deemed to be the collective bargaining
12 21 agreement between the parties.
12 22 13. The determination of the panel of arbitrators shall be
12 23 by majority vote and arbitrator shall be final and binding
12 24 subject to the provisions of section 20.17, subsection 6. The
12 25 panel of arbitrators arbitrator shall give written explanation
12 26 for its selection the arbitrator's selections and inform the
12 27 parties of its the decision.
12 28 Sec. 27. Section 20.24, Code 2005, is amended to read as
12 29 follows:
12 30 20.24 NOTICE AND SERVICE.
12 31 Any notice required under the provisions of this chapter
12 32 shall be in writing, but service thereof shall be sufficient
12 33 if mailed by restricted certified mail, return receipt
12 34 requested, addressed to the last known address of the parties
12 35 intended recipient, unless otherwise provided in this chapter.
13 1 Refusal of restricted certified mail by any party shall be
13 2 considered service. Prescribed Unless otherwise provided in
13 3 this chapter, prescribed time periods shall commence from the
13 4 date of the receipt of the notice. Any party may at any time
13 5 execute and deliver an acceptance of service in lieu of mailed
13 6 notice.
13 7 Sec. 28. Section 20.30, Code 2005, is repealed.
13 8 EXPLANATION
13 9 This bill makes changes to Code chapter 20 governing public
13 10 employee collective bargaining.
13 11 Code section 20.1, subsection 7, is amended to provide that
13 12 one of the powers and duties of the public employment
13 13 relations board (PERB) is to represent the board in court.
13 14 Code section 20.6 is amended to provide that PERB shall
13 15 establish the qualifications and procedures for appointing
13 16 fact=finders in the same manner as for arbitrators and
13 17 mediators.
13 18 Code section 20.10, subsection 4, is amended to
13 19 specifically provide that oral expression of views without
13 20 threat of reprisal or force shall not constitute or be
13 21 evidence of a prohibited practice.
13 22 Code section 20.11 is amended to allow a presiding officer
13 23 in a prohibited practice hearing to hear the case through the
13 24 use of technology from a location other than the county where
13 25 the alleged violation occurred. The bill also allows PERB to
13 26 designate one of its members or any other qualified person to
13 27 preside at a prohibited practice hearing.
13 28 The bill amends Code sections 20.11, 20.13, and 20.14 to
13 29 provide that Code chapter 17A, the Iowa administrative
13 30 procedure Act, governs hearing and appeal proceedings
13 31 described in those sections.
13 32 Code section 20.15, concerning certification elections for
13 33 exclusive bargaining representation, is amended to provide
13 34 that the current time limits for filing a petition for
13 35 certification of an exclusive bargaining representative shall
14 1 also apply to petitions for decertification of a certified
14 2 bargaining representative.
14 3 Code section 20.17, subsection 3, concerning bargaining
14 4 procedures, is amended to provide that parties utilizing a
14 5 cooperative alternative bargaining process may exchange their
14 6 initial interest statements in lieu of an initial bargaining
14 7 position during bargaining.
14 8 Code section 20.17, subsection 11, concerning the deadlines
14 9 for community college employee bargaining, is amended to match
14 10 the provisions of the subsection applicable to other
14 11 educational bargaining units.
14 12 Code section 20.18, concerning grievance procedures, is
14 13 amended to provide that an agreement with an employee
14 14 organization may include procedures for the consideration of
14 15 employee organization grievances in addition to public
14 16 employee grievances.
14 17 Code section 20.19, concerning impasse procedures, is
14 18 amended to provide that parties using a cooperative
14 19 alternative bargaining process shall establish impasse
14 20 procedures at the outset of the process.
14 21 Code section 20.21, concerning fact=finding procedures, is
14 22 amended to provide that the fact=finder is to make
14 23 recommendations on each impasse item between the parties and
14 24 that the parties are required to accept or reject the fact=
14 25 finder's recommendations in their entirety.
14 26 Code section 20.22, concerning binding arbitration, is
14 27 amended to provide that arbitration will be conducted by a
14 28 single arbitrator and not a panel of arbitrators. The bill
14 29 also provides for the method of selecting the arbitrator. The
14 30 bill provides that PERB will submit a list of five arbitrators
14 31 to the parties upon the filing of a request for arbitration
14 32 and then each party, in an order determined by lot, shall
14 33 alternatively remove names from the list until one name
14 34 remains.
14 35 LSB 1242DP 81
15 1 ec/cf/24.1