House File 324 - Introduced



                                   HOUSE FILE       
                                   BY  T. TAYLOR


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for fair share agreements relating to collective
  2    bargaining and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1856YH 82
  5 ec/je/5

PAG LIN



  1  1    Section 1.  Section 20.8, subsection 4, Code 2007, is
  1  2 amended to read as follows:
  1  3    4.  Refuse to join or participate in the activities of
  1  4 employee organizations, including the payment of any dues,
  1  5 fees or assessments or service fees of any type, except as
  1  6 provided in section 20.9.
  1  7    Sec. 2.  Section 20.9, Code 2007, is amended to read as
  1  8 follows:
  1  9    20.9  SCOPE OF NEGOTIATIONS.
  1 10    1.  The public employer and the employee organization shall
  1 11 meet at reasonable times, including meetings reasonably in
  1 12 advance of the public employer's budget=making process, to
  1 13 negotiate in good faith with respect to wages, hours,
  1 14 vacations, insurance, holidays, leaves of absence, shift
  1 15 differentials, overtime compensation, supplemental pay,
  1 16 seniority, transfer procedures, job classifications, health
  1 17 and safety matters, evaluation procedures, procedures for
  1 18 staff reduction, in=service training, fair share agreements,
  1 19 and other matters mutually agreed upon.  Negotiations shall
  1 20 also include terms authorizing dues checkoff for members of
  1 21 the employee organization, terms for payroll deduction of fair
  1 22 share fees of nonmembers of the employee organization, and
  1 23 grievance procedures for resolving any questions arising under
  1 24 the agreement, which shall be embodied in a written agreement
  1 25 and signed by the parties.  If an agreement provides for dues
  1 26 checkoff, a member's dues may be checked off only upon the
  1 27 member's written request and the member may terminate the dues
  1 28 checkoff at any time by giving thirty days' written notice.
  1 29 Such obligation to negotiate in good faith does not compel
  1 30 either party to agree to a proposal or make a concession.
  1 31    2.  a.  Notwithstanding any provision of state law to the
  1 32 contrary, a negotiated agreement for fair share fees shall not
  1 33 provide for the termination of the employment of a public
  1 34 employee for failure to pay membership dues and charges or
  1 35 fair share fees of an employee organization, but shall provide
  2  1 that, commencing on the effective date of a collective
  2  2 bargaining agreement which provides for a fair share fee, the
  2  3 public employer shall deduct once each month from the wages or
  2  4 salaries of nonmembers of the certified employee organization
  2  5 the amount of the fair share fee and transmit the amount
  2  6 deducted to the certified employee organization within
  2  7 fourteen days of the deduction.
  2  8    b.  Every negotiated agreement for fair share fees shall
  2  9 conform with the requirements of the Constitution of the
  2 10 United States and the Constitution of the State of Iowa, and
  2 11 shall provide, if required, for the following:
  2 12    (1)  The certified employee organization may charge
  2 13 nonmembers of the employee organization a fair share fee,
  2 14 which shall not exceed the amount of dues and charges required
  2 15 to be paid by a member in good standing of the employee
  2 16 organization.
  2 17    (2)  The certified employee organization shall furnish
  2 18 advance written notice of the amount of the fair share fee to
  2 19 the nonmember employees who will be assessed the fee.  The
  2 20 notice shall inform the nonmember of a procedure by which the
  2 21 nonmember may object to and receive a reduction of the pro
  2 22 rata share of the fee attributed to purposes unrelated to
  2 23 collective bargaining, contract administration, or the pursuit
  2 24 of other matters affecting wages, hours, and other conditions
  2 25 of employment.  The notice also shall inform the nonmember of
  2 26 a procedure by which the nonmember is afforded an opportunity
  2 27 to challenge the amount of the fee before an impartial
  2 28 decision maker.  All fees reasonably in dispute during the
  2 29 challenge period shall be held by the certified employee
  2 30 organization in an interest=bearing escrow account until final
  2 31 resolution is made by the impartial decision maker, at which
  2 32 time such funds shall be disbursed in accordance with the
  2 33 decision maker's award.
  2 34    (3)  The public employer shall provide the certified
  2 35 employee organization with a list of the names and addresses
  3  1 of all nonmember employees in the bargaining unit that is
  3  2 represented by the employee organization.
  3  3    3.  Nothing in this section, section 20.8, or in the terms
  3  4 of a fair share agreement shall be deemed to require a public
  3  5 employee to become a member of an employee organization.
  3  6    4.  Nothing in this section shall diminish the authority
  3  7 and power of the department of administrative services, board
  3  8 of regents' merit system, Iowa public broadcasting board's
  3  9 merit system, or any civil service commission established by
  3 10 constitutional provision, statute, charter or special act to
  3 11 recruit employees, prepare, conduct and grade examinations,
  3 12 rate candidates in order of their relative scores for
  3 13 certification for appointment or promotion or for other
  3 14 matters of classification, reclassification or appeal rights
  3 15 in the classified service of the public employer served.
  3 16    5.  All retirement systems shall be excluded from the scope
  3 17 of negotiations.
  3 18    Sec. 3.  Section 731.3, Code 2007, is amended to read as
  3 19 follows:
  3 20    731.3  CONTRACTS TO EXCLUDE UNLAWFUL.
  3 21    It Except as provided in sections 20.8, 20.9, and 731.4A,
  3 22 it shall be unlawful for any person, firm, association,
  3 23 corporation or labor organization to enter into any
  3 24 understanding, contract, or agreement, whether written or
  3 25 oral, to exclude from employment members of a labor union,
  3 26 organization or association, or persons who do not belong to,
  3 27 or who refuse to join, a labor union, organization or
  3 28 association, or because of resignation or withdrawal
  3 29 therefrom.
  3 30    Sec. 4.  Section 731.4, Code 2007, is amended to read as
  3 31 follows:
  3 32    731.4  UNION DUES AS PREREQUISITE TO EMPLOYMENT ==
  3 33 PROHIBITED.
  3 34    It Except as provided in sections 20.8, 20.9, and 731.4A,
  3 35 it shall be unlawful for any person, firm, association, labor
  4  1 organization or corporation, or political subdivision, either
  4  2 directly or indirectly, or in any manner or by any means as a
  4  3 prerequisite to or a condition of employment to require any
  4  4 person to pay dues, charges, fees, contributions, fines or
  4  5 assessments to any labor union, labor association or labor
  4  6 organization.
  4  7    Sec. 5.  NEW SECTION.  731.4A  FAIR SHARE FEE AGREEMENTS.
  4  8    A labor union, labor association, labor organization, or
  4  9 employee organization, which is the certified or recognized
  4 10 exclusive representative for collective bargaining under
  4 11 applicable federal or state law, may enter into an agreement
  4 12 with the employer of the employees it is certified or
  4 13 recognized to represent in collective bargaining that, as a
  4 14 condition of continued employment, requires employees, after
  4 15 thirty days of employment, either to become a member of the
  4 16 certified or recognized labor union, labor association, labor
  4 17 organization, or employee organization, or to pay a fair share
  4 18 fee to the extent permitted by the Constitution of the United
  4 19 States, the Constitution of the State of Iowa, and federal
  4 20 law.  Nothing in this section shall be deemed to require an
  4 21 employee to become a member of a labor union, labor
  4 22 association, labor organization, or employee organization.
  4 23    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of
  4 24 immediate importance, takes effect upon enactment.
  4 25                           EXPLANATION
  4 26    This bill authorizes the negotiating of fair share
  4 27 agreements in collective bargaining agreements.
  4 28    Code chapter 20, concerning collective bargaining for
  4 29 public employment, is amended to authorize fair share
  4 30 agreements.  Code section 20.9 is amended to provide that the
  4 31 scope of negotiations for purposes of a collective bargaining
  4 32 agreement includes negotiating fair share agreements and the
  4 33 terms for payroll deductions of fair share fees for nonmembers
  4 34 of an employee organization.  The bill provides that a
  4 35 negotiated fair share agreement shall provide that the public
  5  1 employer deduct once each month from the wages of nonmembers
  5  2 of an applicable employee organization the amount of the fair
  5  3 share fee and transmit it to the certified employee
  5  4 organization within 14 days of the deduction.  The bill
  5  5 further requires that the agreement for fair share fees
  5  6 provide that the fair share fee shall not exceed the amount of
  5  7 dues and charges required of a member of the employee
  5  8 organization, that the certified employee organization provide
  5  9 advance written notice of the fee and a procedure for
  5 10 nonmembers to object to and receive a reduction of the share
  5 11 of the fee unrelated to collective bargaining, contract
  5 12 administration, and other related matters, that an impartial
  5 13 procedure be provided for resolving fair share fee disputes,
  5 14 and that the public employer furnish the employee organization
  5 15 with a list of the names and addresses of all nonmembers.  The
  5 16 bill also provides that nothing in a fair share agreement
  5 17 shall provide for the termination of employment for failure to
  5 18 pay a fair share fee or shall require a public employee to
  5 19 become a member of an employee organization.
  5 20    Code chapter 731, concerning labor union membership, is
  5 21 also amended to authorize fair share agreements.  New Code
  5 22 section 731.4A provides that a labor union may enter into an
  5 23 agreement with an employer that, as a condition of continued
  5 24 employment, requires employees whom the union is certified to
  5 25 represent to become a member of the labor union or to pay a
  5 26 fair share fee to the extent permitted by the United States
  5 27 Constitution, the Iowa Constitution, and applicable federal
  5 28 law.  The new Code section provides that nothing in this Code
  5 29 section shall be deemed to require an employee to become a
  5 30 member of a labor union.
  5 31    The bill takes effect upon enactment.
  5 32 LSB 1856YH 82
  5 33 ec:rj/je/5.1