House Study Bill 702 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LABOR BILL BY CHAIRPERSON OLSON) A BILL FOR An Act concerning public employee collective bargaining, 1 including provisions allowing reasonable reimbursement for 2 employee organization services provided to certain executive 3 branch employees, and including applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5724YC (1) 83 ec/rj

H.F. _____ DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 2 Section 1. Section 20.1, subsection 2, paragraph e, Code 3 2009, is amended to read as follows: 4 e. Providing mediators , fact finders, and arbitrators to 5 resolve impasses in negotiations. 6 Sec. 2. Section 20.1, subsection 2, paragraph g, Code 2009, 7 is amended to read as follows: 8 g. Assisting the attorney general in the preparation 9 of Preparing legal briefs and the presentation of presenting 10 oral arguments in the district court , the court of appeals, and 11 the supreme court in cases affecting the board. 12 Sec. 3. Section 20.3, subsection 4, Code 2009, is amended 13 to read as follows: 14 4. “Employee organization” means an organization of any 15 kind in which public employees participate and which exists for 16 the primary purpose of representing public employees in their 17 employment relations. 18 Sec. 4. Section 20.3, subsection 5, Code 2009, is amended by 19 striking the subsection. 20 Sec. 5. Section 20.5, subsection 3, Code 2009, is amended 21 to read as follows: 22 3. The chairperson and the remaining two members shall be 23 compensated as provided in section 7E.6, subsection 5. Members 24 of the board and other employees of the board shall be allowed 25 their actual and necessary expenses incurred in the performance 26 of their duties. All expenses and salaries shall be paid from 27 appropriations for such purposes and the board shall be subject 28 to the budget requirements of chapter 8. 29 Sec. 6. Section 20.6, subsection 1, Code 2009, is amended 30 to read as follows: 31 1. Administer Interpret, apply, and administer the 32 provisions of this chapter. 33 Sec. 7. Section 20.10, subsection 2, paragraph f, Code 2009, 34 is amended to read as follows: 35 -1- LSB 5724YC (1) 83 ec/rj 1/ 24

H.F. _____ f. Deny the rights accompanying certification or exclusive 1 recognition granted in this chapter. 2 Sec. 8. Section 20.10, subsection 3, paragraph b, Code 2009, 3 is amended to read as follows: 4 b. Interfere, restrain, or coerce a public employer with 5 respect to rights granted in this chapter or with respect to 6 selecting a representative for the purposes of negotiating 7 collectively on or the adjustment of grievances. 8 Sec. 9. Section 20.10, subsection 3, paragraph f, Code 2009, 9 is amended to read as follows: 10 f. Violate the provisions of sections 732.1 to 732.3, 11 which are hereby made applicable to public employers, public 12 employees , and public employee organizations. 13 Sec. 10. Section 20.10, subsection 4, Code 2009, is amended 14 to read as follows: 15 4. The expressing of any views, argument or opinion, or 16 the dissemination thereof, whether orally or in written, 17 printed, graphic, or visual form, shall not constitute or be 18 evidence of any unfair labor prohibited practice under any of 19 the provisions of this chapter, if such expression contains no 20 threat of reprisal or force or promise of benefit. 21 Sec. 11. Section 20.11, subsections 1, 2, and 3, Code 2009, 22 are amended to read as follows: 23 1. Proceedings against a party alleging a violation of 24 section 20.10 , shall be commenced by filing a complaint with 25 the board within ninety days of the alleged violation , causing 26 a copy of the complaint to be served upon the accused party in 27 the manner of an original notice as provided in this chapter . 28 The accused party shall have ten days within which to file 29 a written answer to the complaint. However, the board may 30 conduct a preliminary investigation of the alleged violation, 31 and if the board determines that the complaint has no basis in 32 fact, the board may dismiss the complaint. The board shall 33 promptly thereafter set a time and place for hearing in the 34 county where the alleged violation occurred , provided, however, 35 -2- LSB 5724YC (1) 83 ec/rj 2/ 24

H.F. _____ that the presiding officer may conduct the hearing through the 1 use of technology from a remote location . The parties shall 2 be permitted to be represented by counsel, summon witnesses, 3 and request the board to subpoena witnesses on the requester’s 4 behalf. Compliance with the technical rules of pleading and 5 evidence shall not be required. 6 2. The board may designate one of its members, an 7 administrative law judge , or any other qualified person 8 employed by the board to conduct serve as the presiding 9 officer at the hearing. The administrative law judge presiding 10 officer has the powers as may be exercised by the board for 11 conducting the hearing and shall follow the procedures adopted 12 by the board for conducting the hearing. The proposed decision 13 of the administrative law judge presiding officer may be 14 appealed to the board and the board may hear the case de novo 15 or upon the record as submitted before the administrative law 16 judge, utilizing procedures governing appeals to the district 17 court in this section so far as applicable , or reviewed on 18 motion of the board, in accordance with the provisions of 19 chapter 17A . 20 3. The board shall appoint a certified shorthand reporter to 21 report the proceedings and the board shall fix the reasonable 22 amount of compensation for such service, and for any transcript 23 requested by the board, which amount amounts shall be taxed as 24 other costs. 25 Sec. 12. Section 20.13, subsections 2 and 3, Code 2009, are 26 amended to read as follows: 27 2. Within thirty days of receipt of a petition or notice 28 to all interested parties if on its own initiative , the 29 board shall conduct a public hearing, receive written or oral 30 testimony, and promptly thereafter file an order defining 31 the appropriate bargaining unit. In defining the unit, 32 the board shall take into consideration, along with other 33 relevant factors, the principles of efficient administration 34 of government, the existence of a community of interest among 35 -3- LSB 5724YC (1) 83 ec/rj 3/ 24

H.F. _____ public employees, the history and extent of public employee 1 organization, geographical location, and the recommendations 2 of the parties involved. 3 3. Appeals from such order shall be governed by appeal 4 provisions provided in section 20.11 the provisions of chapter 5 17A . 6 Sec. 13. Section 20.14, subsection 2, paragraph a, Code 7 2009, is amended to read as follows: 8 a. The employee organization has submitted a request to a 9 public employer to bargain collectively with on behalf of a 10 designated group of public employees. 11 Sec. 14. Section 20.14, subsection 6, Code 2009, is amended 12 by striking the subsection. 13 Sec. 15. Section 20.15, subsections 1, 2, and 6, Code 2009, 14 are amended to read as follows: 15 1. Upon the filing of a petition for certification 16 of an employee organization, the board shall submit a 17 question to the public employees at an election in an 18 appropriate the bargaining unit found appropriate by the board . 19 The question on the ballot shall permit the public employees 20 to vote for no bargaining representation or for any employee 21 organization which has petitioned for certification or which 22 has presented proof satisfactory to the board of support of 23 ten percent or more of the public employees in the appropriate 24 unit. 25 2. If a majority of the votes cast on the question is 26 for no bargaining representation, the public employees in 27 the bargaining unit found appropriate by the board shall not 28 be represented by an employee organization. If a majority 29 of the votes cast on the question is for a listed employee 30 organization, then the that employee organization shall 31 represent the public employees in an appropriate the bargaining 32 unit found appropriate by the board . 33 6. a. A petition for certification as an exclusive 34 bargaining representative of a bargaining unit shall not be 35 -4- LSB 5724YC (1) 83 ec/rj 4/ 24

H.F. _____ considered by the board for a period of one year from the 1 date of the certification or noncertification of an employee 2 organization as the exclusive bargaining representative or of 3 that bargaining unit following a certification election. 4 A petition for certification as the exclusive bargaining 5 representative of a bargaining unit shall also not be 6 considered by the board if the bargaining unit is at that time 7 represented by a certified exclusive bargaining representative. 8 b. A petition for the decertification of the exclusive 9 bargaining representative of a bargaining unit shall not be 10 considered by the board for a period of one year from the date 11 of its certification, or within one year of its continued 12 certification following a decertification election, or during 13 the duration of a collective bargaining agreement which , for 14 purposes of this section, shall be deemed not to exceed two 15 years. However, if a petition for decertification is filed 16 during the duration of a collective bargaining agreement, the 17 board shall award an election under this section not more than 18 one hundred eighty days and not less than one hundred fifty 19 days prior to the expiration of the collective bargaining 20 agreement. If an employee organization is decertified, the 21 board may receive petitions under section 20.14, provided that 22 no such petition and no election conducted pursuant to such 23 petition within one year from decertification shall include as 24 a party the decertified employee organization. 25 c. A collective bargaining agreement with the state, its 26 boards, commissions, departments, and agencies shall be for two 27 years and the provisions of a collective bargaining agreement 28 except agreements agreed to or tentatively agreed to prior to 29 July 1, 1977, or arbitrators’ or arbitrator’s award affecting 30 state employees shall not provide for renegotiations which 31 would require the refinancing of salary and fringe benefits 32 for the second year of the term of the agreement, except as 33 provided in section 20.17, subsection 6, and the effective date 34 of any such agreement shall be July 1 of odd-numbered years, 35 -5- LSB 5724YC (1) 83 ec/rj 5/ 24

H.F. _____ provided that if an exclusive bargaining representative is 1 certified on a date which will prevent the negotiation of a 2 collective bargaining agreement prior to July 1 of odd-numbered 3 years for a period of two years, the certified collective 4 bargaining representative may negotiate a one-year contract 5 with a the public employer which shall be effective from 6 July 1 of the even-numbered year to July 1 of the succeeding 7 odd-numbered year when new contracts shall become effective. 8 However, if a petition for decertification is filed during 9 the duration of a collective bargaining agreement, the board 10 shall award an election under this section not more than one 11 hundred eighty days nor less than one hundred fifty days prior 12 to the expiration of the collective bargaining agreement. If 13 an employee organization is decertified, the board may receive 14 petitions under section 20.14 , provided that no such petition 15 and no election conducted pursuant to such petition within 16 one year from decertification shall include as a party the 17 decertified employee organization. 18 Sec. 16. Section 20.17, subsection 3, Code 2009, is amended 19 to read as follows: 20 3. Negotiating sessions, strategy meetings of public 21 employers or employee organizations , mediation , and the 22 deliberative process of arbitrators shall be exempt from the 23 provisions of chapter 21. However, the employee organization 24 shall present its initial bargaining position to the public 25 employer at the first bargaining session. The public employer 26 shall present its initial bargaining position to the employee 27 organization at the second bargaining session, which shall be 28 held no later than two weeks following the first bargaining 29 session. Both sessions shall be open to the public and subject 30 to the provisions of chapter 21. Parties who by agreement 31 are utilizing a cooperative alternative bargaining process 32 may exchange their respective initial interest statements 33 in lieu of initial bargaining positions at these open 34 sessions. Hearings conducted by arbitrators shall be open to 35 -6- LSB 5724YC (1) 83 ec/rj 6/ 24

H.F. _____ the public. 1 Sec. 17. Section 20.17, subsection 6, Code 2009, is amended 2 to read as follows: 3 6. No A collective bargaining agreement or arbitrators’ 4 decision arbitrator’s award shall not be valid or enforceable 5 if its implementation would be inconsistent with any statutory 6 limitation on the public employer’s funds, spending or budget 7 or would substantially impair or limit the performance of any 8 statutory duty by the public employer. A collective bargaining 9 agreement or arbitrators’ arbitrator’s award may provide for 10 benefits conditional upon specified funds to be obtained by 11 the public employer, but the agreement shall provide either 12 for automatic reduction of such conditional benefits or for 13 additional bargaining if the funds are not obtained or if a 14 lesser amount is obtained. 15 Sec. 18. Section 20.17, subsection 10, Code 2009, is amended 16 to read as follows: 17 10. The negotiation of a proposed collective bargaining 18 agreement by representatives of a state public employer and 19 a state employee organization shall be complete not later 20 than March 15 of the year when the agreement is to become 21 effective. The board shall provide, by rule, a date on which 22 any impasse item must be submitted to binding arbitration and 23 for such other procedures as deemed necessary to provide for 24 the completion of negotiations of proposed state collective 25 bargaining agreements not later than March 15. The date 26 selected for the mandatory submission of impasse items to 27 binding arbitration shall be sufficiently in advance of March 28 15 to insure ensure that the arbitrators’ decision arbitrator’s 29 award can be reasonably made before March 15. 30 Sec. 19. Section 20.17, subsection 11, Code 2009, is amended 31 to read as follows: 32 11. a. In the absence of an impasse agreement negotiated 33 pursuant to section 20.19 which provides for a different 34 completion date, public employees represented by a certified 35 -7- LSB 5724YC (1) 83 ec/rj 7/ 24

H.F. _____ employee organization who are teachers licensed under chapter 1 272 and who are employed by a public employer which is a 2 school district or area education agency shall complete the 3 negotiation of a proposed collective bargaining agreement 4 not later than May 31 of the year when the agreement is to 5 become effective. The board shall provide, by rule, a date 6 on which impasse items in such cases must be submitted to 7 binding arbitration and for such other procedures as deemed 8 necessary to provide for the completion of negotiations of 9 proposed collective bargaining agreements not later than 10 May 31. The date selected for the mandatory submission of 11 impasse items to binding arbitration in such cases shall 12 be sufficiently in advance of May 31 to ensure that the 13 arbitrators’ decision arbitrator’s award can be reasonably made 14 before by May 31. 15 b. If the public employer is a community college, the 16 following apply: 17 (1) b. The negotiation of a proposed collective bargaining 18 agreement shall be complete not later than May 31 of the 19 year when the agreement is to become effective, absent the 20 existence In the absence of an impasse agreement negotiated 21 pursuant to section 20.19 which provides for a different 22 completion date , public employees represented by a certified 23 employee organization who are employed by a public employer 24 which is a community college shall complete the negotiation 25 of a proposed collective bargaining agreement not later than 26 May 31 of the year when the agreement is to become effective . 27 The board shall adopt rules providing for provide, by rule, a 28 date on which impasse items in such cases must be submitted to 29 binding arbitration and for such other procedures as deemed 30 necessary to provide for the completion of negotiations of 31 proposed collective bargaining agreements not later than 32 May 31. The date selected for the mandatory submission of 33 impasse items to binding arbitration in such cases shall 34 be sufficiently in advance of May 31 to ensure that the 35 -8- LSB 5724YC (1) 83 ec/rj 8/ 24

H.F. _____ arbitrators’ decision arbitrator’s award can be reasonably made 1 by May 31. 2 (2) c. Notwithstanding the provisions of subparagraph 3 (1) paragraphs “a” and “b” , the May 31 deadline may be waived by 4 mutual agreement of the parties to the collective bargaining 5 agreement negotiations. 6 Sec. 20. Section 20.18, unnumbered paragraph 1, Code 2009, 7 is amended to read as follows: 8 An agreement with an employee organization which is 9 the exclusive representative of public employees in an 10 appropriate unit may provide procedures for the consideration 11 of public employee and employee organization grievances and of 12 disputes over the interpretation and application of agreements. 13 Negotiated procedures may provide for binding arbitration of 14 public employee and employee organization grievances and of 15 disputes over the interpretation and application of existing 16 agreements. An arbitrator’s decision on a grievance may not 17 change or amend the terms, conditions , or applications of the 18 collective bargaining agreement. Such procedures shall provide 19 for the invoking of arbitration only with the approval of the 20 employee organization in all instances , and in the case of an 21 employee grievance, only with the additional approval of the 22 public employee. The costs of arbitration shall be shared 23 equally by the parties. 24 Sec. 21. Section 20.19, Code 2009, is amended to read as 25 follows: 26 20.19 Impasse procedures —— agreement of parties. 27 1. As the first step in the performance of their duty to 28 bargain, the public employer and the employee organization 29 shall endeavor to agree upon impasse procedures. Such 30 agreement shall provide for implementation of these impasse 31 procedures not later than one hundred twenty days prior to 32 the certified budget submission date of the public employer. 33 However, if public employees represented by the employee 34 organization are teachers licensed under chapter 272, and the 35 -9- LSB 5724YC (1) 83 ec/rj 9/ 24

H.F. _____ public employer is a school district or area education agency, 1 the agreement shall provide for implementation of impasse 2 procedures not later than one hundred twenty days prior to May 3 31 of the year when the collective bargaining agreement is 4 to become effective. If the public employer is a community 5 college, the agreement shall provide for implementation of 6 impasse procedures not later than one hundred twenty days prior 7 to May 31 of the year when the collective bargaining agreement 8 is to become effective. If the public employer is not subject 9 to the budget certification requirements of section 24.17 and 10 other applicable sections of the Code, the agreement shall 11 provide for implementation of impasse procedures not later than 12 one hundred twenty days prior to a date agreed upon by the 13 public employer and the employee organization or, if no date is 14 agreed upon, May 31 of the year when the collective bargaining 15 agreement is to be effective. If the parties fail to agree 16 upon impasse procedures under the provisions of this section, 17 the impasse procedures provided in sections 20.20 to 20.22 18 shall apply. 19 2. Parties who by agreement are utilizing a cooperative 20 alternative bargaining process shall, at the outset of such 21 process, agree upon a method and schedule for the completion 22 of impasse procedures should they fail to reach a collective 23 bargaining agreement through the use of such alternative 24 bargaining process. 25 Sec. 22. Section 20.20, Code 2009, is amended to read as 26 follows: 27 20.20 Mediation. 28 In the absence of an impasse agreement negotiated pursuant 29 to section 20.19 or the failure of either party to utilize its 30 procedures, one hundred twenty days prior to the certified 31 budget submission date, or one hundred twenty days prior to 32 May 31 of the year when the collective bargaining agreement 33 is to become effective if public employees represented by the 34 employee organization are teachers licensed under chapter 35 -10- LSB 5724YC (1) 83 ec/rj 10/ 24

H.F. _____ 272 and the public employer is a school district or area 1 education agency, the board shall, upon the request of either 2 party, appoint an impartial and disinterested person to act as 3 mediator. If the public employer is a community college or is 4 not subject to the budget certification requirements of section 5 24.17 and other applicable sections of the Code , and in the 6 absence of an impasse agreement negotiated pursuant to section 7 20.19 or the failure of either party to utilize its procedures, 8 one hundred twenty days prior to May 31 of the year when the 9 collective bargaining agreement is to become effective, the 10 board, upon the request of either party, shall appoint an 11 impartial and disinterested person to act as mediator. It 12 shall be the function of the mediator to bring the parties 13 together to effectuate a settlement of the dispute, but the 14 mediator may not compel the parties to agree. 15 Sec. 23. Section 20.22, subsections 1, 2, and 3, Code 2009, 16 are amended to read as follows: 17 1. If an impasse persists after the findings of fact and 18 recommendations are made public by the fact-finder, the parties 19 may continue to negotiate or ten days after the mediator has 20 been appointed , the board shall have the power, upon request 21 of either party, to arrange for arbitration, which shall be 22 binding. The request for arbitration shall be in writing and a 23 copy of the request shall be served upon the other party. 24 2. a. Each party shall submit to the board serve its final 25 offer on each of the impasse items upon the other party within 26 four days of the board’s receipt of the request a final offer 27 on the impasse items with proof of service of a copy upon the 28 other party for arbitration . Each party shall also submit a 29 copy of a draft of the proposed collective bargaining agreement 30 to the extent to which agreement has been reached and the 31 name of its selected arbitrator. The parties may continue 32 to negotiate all offers until an agreement is reached or a 33 decision an award is rendered by the panel of arbitrators. 34 b. As an alternative procedure, the two parties may agree 35 -11- LSB 5724YC (1) 83 ec/rj 11/ 24

H.F. _____ to submit the dispute to a single arbitrator. If the parties 1 cannot agree on the arbitrator within four days, the selection 2 shall be made pursuant to subsection 5 arbitrator . The full 3 costs of arbitration under this provision section shall be 4 shared equally by the parties to the dispute. 5 3. The submission of the impasse items to the 6 arbitrators arbitrator shall be limited to those issues that 7 had been considered by the fact-finder and items upon which 8 the parties have not reached agreement. With respect to 9 each such item, the arbitration board arbitrator’s award 10 shall be restricted to the final offers on each impasse 11 item submitted by the parties to the arbitration board or 12 to the recommendation of the fact-finder on each impasse 13 item arbitrator . 14 Sec. 24. Section 20.22, subsections 10 through 13, Code 15 2009, are amended to read as follows: 16 10. The chairperson of the panel of arbitrators arbitrator 17 may hold hearings and administer oaths, examine witnesses and 18 documents, take testimony and receive evidence, and issue 19 subpoenas to compel the attendance of witnesses and the 20 production of records , and delegate such powers to other 21 members of the panel of arbitrators . The chairperson 22 of the panel of arbitrators arbitrator may petition the 23 district court at the seat of government or of the county in 24 which any the hearing is held to enforce the order of the 25 chairperson arbitrator compelling the attendance of witnesses 26 and the production of records. 27 11. A majority of the panel of arbitrators The 28 arbitrator shall select within fifteen days after its first 29 meeting the hearing the most reasonable offer, in it’s the 30 arbitrator’s judgment, of the final offers on each impasse 31 item submitted by the parties , or the recommendations of the 32 fact-finder on each impasse item . 33 12. The selections by the panel of arbitrators arbitrator 34 and items agreed upon by the public employer and the employee 35 -12- LSB 5724YC (1) 83 ec/rj 12/ 24

H.F. _____ organization, shall be deemed to be the collective bargaining 1 agreement between the parties. 2 13. The determination of the panel of arbitrators shall 3 be by majority vote and arbitrator shall be final and binding 4 subject to the provisions of section 20.17, subsection 6. The 5 panel of arbitrators arbitrator shall give written explanation 6 for its selection the arbitrator’s selections and inform the 7 parties of its the decision. 8 Sec. 25. Section 20.22, subsection 4, Code 2009, is amended 9 by striking the subsection and inserting in lieu thereof the 10 following: 11 4. Upon the filing of the request for arbitration, a list 12 of five arbitrators shall be served upon the parties by the 13 board. Within five days of service of the list, the parties 14 shall determine by lot which party shall remove the first name 15 from the list and the parties shall then alternately remove 16 names from the list until the name of one person remains, who 17 shall become the arbitrator. The parties shall immediately 18 notify the board of their selection and the board shall 19 notify the arbitrator. After consultation with the parties, 20 the arbitrator shall set a time and place for an arbitration 21 hearing. 22 Sec. 26. Section 20.22, subsections 5 and 6, Code 2009, are 23 amended by striking the subsections. 24 Sec. 27. Section 20.22, subsections 7 and 8, Code 2009, are 25 amended to read as follows: 26 7. The panel of arbitrators arbitrator shall at no time 27 engage in an effort to mediate or otherwise settle the dispute 28 in any manner other than that prescribed in this section. 29 8. From the time of appointment the board notifies 30 the arbitrator of the selection of the arbitrator until 31 such time as the panel of arbitrators makes its final 32 determination arbitrator’s selection on each impasse item is 33 made , there shall be no discussion concerning recommendations 34 for settlement of the dispute by the members of the panel of 35 -13- LSB 5724YC (1) 83 ec/rj 13/ 24

H.F. _____ arbitrators arbitrator with parties other than those who are 1 direct parties to the dispute. The panel of arbitrators may 2 conduct formal or informal hearings to discuss offers submitted 3 by both parties. 4 Sec. 28. Section 20.22, subsection 9, unnumbered paragraph 5 1, Code 2009, is amended to read as follows: 6 The panel of arbitrators arbitrator shall consider, in 7 addition to any other relevant factors, the following factors: 8 Sec. 29. Section 20.24, Code 2009, is amended to read as 9 follows: 10 20.24 Notice and service. 11 Any notice required under the provisions of this chapter 12 shall be in writing, but service thereof shall be sufficient 13 if mailed by restricted certified mail, return receipt 14 requested , addressed to the last known address of the 15 parties intended recipient , unless otherwise provided in this 16 chapter. Refusal of restricted certified mail by any party 17 shall be considered service. Prescribed Unless otherwise 18 provided in this chapter, prescribed time periods shall 19 commence from the date of the receipt of the notice. Any party 20 may at any time execute and deliver an acceptance of service in 21 lieu of mailed notice. 22 Sec. 30. REPEAL. Section 20.21, Code 2009, is repealed. 23 DIVISION II 24 EXECUTIVE BRANCH PUBLIC EMPLOYEE 25 COLLECTIVE BARGAINING —— REIMBURSEMENT 26 FOR EMPLOYEE BARGAINING 27 AND GRIEVANCE SERVICES 28 Sec. 31. Section 20.3, Code 2009, is amended by adding the 29 following new subsections: 30 NEW SUBSECTION . 1A. “Bargaining services” means those 31 services provided by an employee organization on behalf of 32 public employees in a bargaining unit, exclusive of grievance 33 services, relating to collective bargaining and contract 34 administration. 35 -14- LSB 5724YC (1) 83 ec/rj 14/ 24

H.F. _____ NEW SUBSECTION . 4A. “Executive branch public employee” 1 means a public employee who is employed within the executive 2 branch of this state. 3 NEW SUBSECTION . 6A. “Grievance services” means those 4 services provided by an employee organization to an employee 5 following the submission of a written grievance by the 6 employee to an employer which relate to the adjustment of that 7 grievance. For purposes of this subsection “grievance” means a 8 dispute over the interpretation or application of a collective 9 bargaining agreement. 10 Sec. 32. Section 20.8, subsection 4, Code 2009, is amended 11 to read as follows: 12 4. Refuse to join or participate in the activities of 13 employee organizations, including the payment of any dues, fees 14 or assessments or service fees of any type , except as provided 15 in section 20.32 . 16 Sec. 33. Section 20.9, unnumbered paragraph 1, Code 2009, 17 is amended to read as follows: 18 The public employer and the employee organization shall meet 19 at reasonable times, including meetings reasonably in advance 20 of the public employer’s budget-making process, to negotiate in 21 good faith with respect to wages, hours, vacations, insurance, 22 holidays, leaves of absence, shift differentials, overtime 23 compensation, supplemental pay, seniority, transfer procedures, 24 job classifications, health and safety matters, evaluation 25 procedures, procedures for staff reduction, in-service training 26 and other matters mutually agreed upon. Negotiations shall 27 also include terms authorizing dues checkoff for members of the 28 employee organization and grievance procedures for resolving 29 any questions arising under the agreement, which shall be 30 embodied in a written agreement and signed by the parties. If 31 an agreement provides for dues checkoff, a member’s dues may 32 be checked off only upon the member’s written request and the 33 member may terminate the dues checkoff at any time by giving 34 thirty days’ written notice. For executive branch public 35 -15- LSB 5724YC (1) 83 ec/rj 15/ 24

H.F. _____ employees, negotiations shall include whether nonmembers of the 1 employee organization shall reimburse the employee organization 2 for bargaining services or grievance services, or both, 3 pursuant to section 20.32. Such obligation to negotiate in 4 good faith does not compel either party to agree to a proposal 5 or make a concession. 6 Sec. 34. NEW SECTION . 20.32 Reasonable reimbursement for 7 bargaining and grievance services —— procedure. 8 1. Overview. When a collective bargaining agreement 9 between a public employer and a certified employee organization 10 representing executive branch public employees, which 11 provides that an employee organization may receive reasonable 12 reimbursement for bargaining services and grievance services 13 provided to nonmembers of the employee organization, is 14 reached by ratification of the agreement or by issuance of an 15 arbitration award under section 20.22, the provisions of this 16 section shall apply. 17 2. Bargaining services. 18 a. (1) The public employer shall provide the employee 19 organization with a list of the names and addresses of 20 employees in the bargaining unit represented by the employee 21 organization not later than forty-five days prior to the 22 date the collective bargaining agreement takes effect. If 23 the collective bargaining agreement has a term of more than 24 one year, the list shall be provided by the public employer 25 annually, not later than thirty days prior to the commencement 26 of the next full year of the contract’s term. 27 (2) Following receipt by the employee organization of a 28 list of employees pursuant to paragraph “a” , the employee 29 organization shall provide the public employer, if the employee 30 organization decides to seek reimbursement for bargaining 31 services, with the name of each employee who is not a member 32 of the employee organization and is subject to providing 33 reasonable reimbursement for bargaining services and the amount 34 determined to reasonably reimburse the employee organization 35 -16- LSB 5724YC (1) 83 ec/rj 16/ 24

H.F. _____ for bargaining services provided. 1 b. (1) The employee organization shall provide the labor 2 commissioner with the reasonable reimbursement amount and any 3 supporting documentation utilized in determining the reasonable 4 reimbursement amount. 5 (2) Commencing on the effective date of the collective 6 bargaining agreement which provides for the reimbursement 7 of bargaining services or, twenty days after the public 8 employer’s receipt of the names and amounts from the employee 9 organization, whichever occurs later, the public employer 10 shall, if the employee subject to reasonable reimbursement so 11 elects or if the employee does not otherwise reimburse the 12 employee organization for bargaining services in a manner 13 authorized by the employee organization, deduct by pay period 14 or once each month from the wages or salaries of each employee 15 required to provide reasonable reimbursement the reasonable 16 reimbursement amount specified for that nonmember by the 17 employee organization and transmit the amounts deducted to the 18 employee organization within thirty days of the deduction. 19 If a collective bargaining agreement includes a retroactive 20 effective date, the public employee shall be responsible for 21 providing reasonable reimbursement for bargaining services 22 prospectively only. 23 c. For purposes of determining the reasonable reimbursement 24 amount for bargaining services for a nonmember of the employee 25 organization, the amount shall not exceed sixty-five percent 26 of the regular membership dues that the nonmember would 27 have to pay if the nonmember were a member of the employee 28 organization for that bargaining unit, shall not include costs 29 for grievance services, and shall not include any share of the 30 costs incurred by the employee organization for fraternal, 31 ideological, political, or other activities that are not 32 germane to collective bargaining and contract administration. 33 Costs that shall be excluded from the reasonable reimbursement 34 amount include but are not limited to costs for social events; 35 -17- LSB 5724YC (1) 83 ec/rj 17/ 24

H.F. _____ lobbying on issues or for purposes other than the negotiation, 1 ratification, or implementation of a collective bargaining 2 agreement; voter registration training; efforts to increase 3 voting; training in political campaign techniques; supporting 4 or contributing to charitable organizations; and supporting or 5 contributing to religious or other ideological causes. 6 d. As a precondition to the collection of a reasonable 7 reimbursement amount for bargaining services, the employee 8 organization shall establish and maintain a full and 9 fair procedure that conforms with the requirements of the 10 Constitution of the United States and the Constitution of the 11 State of Iowa and does all of the following: 12 (1) Provides nonmembers of the employee organization 13 with an annual notice not later than thirty days prior to 14 the commencement of each full year of the contract’s term 15 which informs them of the reasonable reimbursement amount for 16 bargaining services, provides them with detailed financial 17 information on the calculation of the reasonable reimbursement 18 amount, informs them of the procedure by which a nonmember may 19 challenge that amount, and provides them with a mechanism for 20 reimbursing the employee organization for bargaining services 21 in lieu of a deduction from wages or salaries as provided in 22 paragraph “b” , subparagraph (2). 23 (2) Permits challenges by nonmembers to the reasonable 24 reimbursement amount for bargaining services. 25 (3) Provides for the consolidation of all timely challenges 26 and for an impartial hearing, before an arbitrator appointed by 27 the American arbitration association pursuant to its rules for 28 impartial determination of union fees, conducted in accordance 29 with those rules and paid for by the employee organization. 30 (4) Provides that the burden of proof relating to the 31 propriety of the reasonable reimbursement amount for bargaining 32 services is on the employee organization. 33 (5) Provides that all reasonable reimbursement amounts 34 reasonably in dispute while a challenge is pending shall be 35 -18- LSB 5724YC (1) 83 ec/rj 18/ 24