H.F. _____ Section 1. Section 20.1, subsection 2, paragraph e, Code 1 2009, is amended to read as follows: 2 e. Providing mediators , fact finders, and arbitrators to 3 resolve impasses in negotiations. 4 Sec. 2. Section 20.1, subsection 2, paragraph g, Code 2009, 5 is amended to read as follows: 6 g. Assisting the attorney general in the preparation 7 of Preparing legal briefs and the presentation of presenting 8 oral arguments in the district court , the court of appeals, and 9 the supreme court in cases affecting the board. 10 Sec. 3. Section 20.3, subsection 4, Code 2009, is amended 11 to read as follows: 12 4. “Employee organization” means an organization of any 13 kind in which public employees participate and which exists for 14 the primary purpose of representing public employees in their 15 employment relations. 16 Sec. 4. Section 20.3, subsection 5, Code 2009, is amended by 17 striking the subsection. 18 Sec. 5. Section 20.5, subsection 3, Code 2009, is amended 19 to read as follows: 20 3. The chairperson and the remaining two members shall be 21 compensated as provided in section 7E.6, subsection 5. Members 22 of the board and other employees of the board shall be allowed 23 their actual and necessary expenses incurred in the performance 24 of their duties. All expenses and salaries shall be paid from 25 appropriations for such purposes and the board shall be subject 26 to the budget requirements of chapter 8. 27 Sec. 6. Section 20.6, subsection 1, Code 2009, is amended 28 to read as follows: 29 1. Administer Interpret, apply, and administer the 30 provisions of this chapter. 31 Sec. 7. Section 20.10, subsection 1, Code 2009, is amended 32 to read as follows: 33 1. It shall be a prohibited practice for any public 34 employer, public employee or employee organization to 35 -1- LSB 6241YC (4) 83 ec/rj 1/ 15

H.F. _____ willfully refuse to negotiate in good faith with respect to the 1 scope of negotiations as defined in section 20.9. 2 Sec. 8. Section 20.10, subsection 2, paragraph f, Code 2009, 3 is amended to read as follows: 4 f. Deny the rights accompanying certification or exclusive 5 recognition granted in this chapter. 6 Sec. 9. Section 20.10, subsection 2, unnumbered paragraph 7 1, Code 2009, is amended to read as follows: 8 It shall be a prohibited practice for a public employer or 9 the employer’s designated representative willfully to: 10 Sec. 10. Section 20.10, subsection 3, paragraph b, Code 11 2009, is amended to read as follows: 12 b. Interfere, restrain, or coerce a public employer with 13 respect to rights granted in this chapter or with respect to 14 selecting a representative for the purposes of negotiating 15 collectively on or the adjustment of grievances. 16 Sec. 11. Section 20.10, subsection 3, paragraph f, Code 17 2009, is amended to read as follows: 18 f. Violate the provisions of sections 732.1 to 732.3, 19 which are hereby made applicable to public employers, public 20 employees , and public employee organizations. 21 Sec. 12. Section 20.10, subsection 3, unnumbered paragraph 22 1, Code 2009, is amended to read as follows: 23 It shall be a prohibited practice for public employees or an 24 employee organization or for any person, union or organization 25 or their agents willfully to: 26 Sec. 13. Section 20.10, subsection 4, Code 2009, is amended 27 to read as follows: 28 4. The expressing of any views, argument or opinion, or 29 the dissemination thereof, whether orally or in written, 30 printed, graphic, or visual form, shall not constitute or be 31 evidence of any unfair labor prohibited practice under any of 32 the provisions of this chapter, if such expression contains no 33 threat of reprisal or force or promise of benefit. 34 Sec. 14. Section 20.11, subsections 1, 2, and 3, Code 2009, 35 -2- LSB 6241YC (4) 83 ec/rj 2/ 15

H.F. _____ are amended to read as follows: 1 1. Proceedings against a party alleging a violation of 2 section 20.10 , shall be commenced by filing a complaint with 3 the board within ninety days of the alleged violation , causing 4 a copy of the complaint to be served upon the accused party in 5 the manner of an original notice as provided in this chapter . 6 The accused party shall have ten days within which to file 7 a written answer to the complaint. However, the board may 8 conduct a preliminary investigation of the alleged violation, 9 and if the board determines that the complaint has no basis in 10 fact, the board may dismiss the complaint. The board shall 11 promptly thereafter set a time and place for hearing in the 12 county where the alleged violation occurred , provided, however, 13 that the presiding officer may conduct the hearing through the 14 use of technology from a remote location . The parties shall 15 be permitted to be represented by counsel, summon witnesses, 16 and request the board to subpoena witnesses on the requester’s 17 behalf. Compliance with the technical rules of pleading and 18 evidence shall not be required. 19 2. The board may designate one of its members, an 20 administrative law judge , or any other qualified person 21 employed by the board to conduct serve as the presiding 22 officer at the hearing. The administrative law judge presiding 23 officer has the powers as may be exercised by the board for 24 conducting the hearing and shall follow the procedures adopted 25 by the board for conducting the hearing. The proposed decision 26 of the administrative law judge presiding officer may be 27 appealed to the board and the board may hear the case de novo 28 or upon the record as submitted before the administrative law 29 judge, utilizing procedures governing appeals to the district 30 court in this section so far as applicable , or reviewed on 31 motion of the board, in accordance with the provisions of 32 chapter 17A . 33 3. The board shall appoint a certified shorthand reporter to 34 report the proceedings and the board shall fix the reasonable 35 -3- LSB 6241YC (4) 83 ec/rj 3/ 15

H.F. _____ amount of compensation for such service, and for any transcript 1 requested by the board, which amount amounts shall be taxed as 2 other costs. 3 Sec. 15. Section 20.13, subsections 2 and 3, Code 2009, are 4 amended to read as follows: 5 2. Within thirty days of receipt of a petition or notice 6 to all interested parties if on its own initiative , the 7 board shall conduct a public hearing, receive written or oral 8 testimony, and promptly thereafter file an order defining 9 the appropriate bargaining unit. In defining the unit, 10 the board shall take into consideration, along with other 11 relevant factors, the principles of efficient administration 12 of government, the existence of a community of interest among 13 public employees, the history and extent of public employee 14 organization, geographical location, and the recommendations 15 of the parties involved. 16 3. Appeals from such order shall be governed by appeal 17 provisions provided in section 20.11 the provisions of chapter 18 17A . 19 Sec. 16. Section 20.14, subsection 2, paragraph a, Code 20 2009, is amended to read as follows: 21 a. The employee organization has submitted a request to a 22 public employer to bargain collectively with on behalf of a 23 designated group of public employees. 24 Sec. 17. Section 20.14, subsection 6, Code 2009, is amended 25 by striking the subsection. 26 Sec. 18. Section 20.15, subsections 1, 2, and 6, Code 2009, 27 are amended to read as follows: 28 1. Upon the filing of a petition for certification 29 of an employee organization, the board shall submit a 30 question to the public employees at an election in an 31 appropriate the bargaining unit found appropriate by the board . 32 The question on the ballot shall permit the public employees 33 to vote for no bargaining representation or for any employee 34 organization which has petitioned for certification or which 35 -4- LSB 6241YC (4) 83 ec/rj 4/ 15

H.F. _____ has presented proof satisfactory to the board of support of 1 ten percent or more of the public employees in the appropriate 2 unit. 3 2. If a majority of the votes cast on the question is 4 for no bargaining representation, the public employees in 5 the bargaining unit found appropriate by the board shall not 6 be represented by an employee organization. If a majority 7 of the votes cast on the question is for a listed employee 8 organization, then the that employee organization shall 9 represent the public employees in an appropriate the bargaining 10 unit found appropriate by the board . 11 6. a. A petition for certification as an exclusive 12 bargaining representative of a bargaining unit shall not be 13 considered by the board for a period of one year from the 14 date of the certification or noncertification of an employee 15 organization as the exclusive bargaining representative or of 16 that bargaining unit following a certification election. 17 A petition for certification as the exclusive bargaining 18 representative of a bargaining unit shall also not be 19 considered by the board if the bargaining unit is at that time 20 represented by a certified exclusive bargaining representative. 21 b. A petition for the decertification of the exclusive 22 bargaining representative of a bargaining unit shall not be 23 considered by the board for a period of one year from the date 24 of its certification, or within one year of its continued 25 certification following a decertification election, or during 26 the duration of a collective bargaining agreement which , for 27 purposes of this section, shall be deemed not to exceed two 28 years. However, if a petition for decertification is filed 29 during the duration of a collective bargaining agreement, the 30 board shall award an election under this section not more than 31 one hundred eighty days and not less than one hundred fifty 32 days prior to the expiration of the collective bargaining 33 agreement. If an employee organization is decertified, the 34 board may receive petitions under section 20.14, provided that 35 -5- LSB 6241YC (4) 83 ec/rj 5/ 15

H.F. _____ no such petition and no election conducted pursuant to such 1 petition within one year from decertification shall include as 2 a party the decertified employee organization. 3 c. A collective bargaining agreement with the state, its 4 boards, commissions, departments, and agencies shall be for two 5 years and the provisions of a collective bargaining agreement 6 except agreements agreed to or tentatively agreed to prior to 7 July 1, 1977, or arbitrators’ or arbitrator’s award affecting 8 state employees shall not provide for renegotiations which 9 would require the refinancing of salary and fringe benefits 10 for the second year of the term of the agreement, except as 11 provided in section 20.17, subsection 6, and the effective date 12 of any such agreement shall be July 1 of odd-numbered years, 13 provided that if an exclusive bargaining representative is 14 certified on a date which will prevent the negotiation of a 15 collective bargaining agreement prior to July 1 of odd-numbered 16 years for a period of two years, the certified collective 17 bargaining representative may negotiate a one-year contract 18 with a the public employer which shall be effective from 19 July 1 of the even-numbered year to July 1 of the succeeding 20 odd-numbered year when new contracts shall become effective. 21 However, if a petition for decertification is filed during 22 the duration of a collective bargaining agreement, the board 23 shall award an election under this section not more than one 24 hundred eighty days nor less than one hundred fifty days prior 25 to the expiration of the collective bargaining agreement. If 26 an employee organization is decertified, the board may receive 27 petitions under section 20.14 , provided that no such petition 28 and no election conducted pursuant to such petition within 29 one year from decertification shall include as a party the 30 decertified employee organization. 31 Sec. 19. Section 20.17, subsection 3, Code 2009, is amended 32 to read as follows: 33 3. Negotiating sessions, strategy meetings of public 34 employers or employee organizations , mediation , and the 35 -6- LSB 6241YC (4) 83 ec/rj 6/ 15

H.F. _____ deliberative process of arbitrators shall be exempt from the 1 provisions of chapter 21. However, the employee organization 2 shall present its initial bargaining position to the public 3 employer at the first bargaining session. The public employer 4 shall present its initial bargaining position to the employee 5 organization at the second bargaining session, which shall be 6 held no later than two weeks following the first bargaining 7 session. Both sessions shall be open to the public and subject 8 to the provisions of chapter 21. Parties who by agreement 9 are utilizing a cooperative alternative bargaining process 10 may exchange their respective initial interest statements 11 in lieu of initial bargaining positions at these open 12 sessions. Hearings conducted by arbitrators shall be open to 13 the public. 14 Sec. 20. Section 20.17, subsection 6, Code 2009, is amended 15 to read as follows: 16 6. No A collective bargaining agreement or arbitrators’ 17 decision arbitrator’s award shall not be valid or enforceable 18 if its implementation would be inconsistent with any statutory 19 limitation on the public employer’s funds, spending or budget 20 or would substantially impair or limit the performance of any 21 statutory duty by the public employer. A collective bargaining 22 agreement or arbitrators’ arbitrator’s award may provide for 23 benefits conditional upon specified funds to be obtained by 24 the public employer, but the agreement shall provide either 25 for automatic reduction of such conditional benefits or for 26 additional bargaining if the funds are not obtained or if a 27 lesser amount is obtained. 28 Sec. 21. Section 20.17, subsection 10, Code 2009, is amended 29 to read as follows: 30 10. The negotiation of a proposed collective bargaining 31 agreement by representatives of a state public employer and 32 a state employee organization shall be complete not later 33 than March 15 of the year when the agreement is to become 34 effective. The board shall provide, by rule, a date on which 35 -7- LSB 6241YC (4) 83 ec/rj 7/ 15

H.F. _____ any impasse item must be submitted to binding arbitration and 1 for such other procedures as deemed necessary to provide for 2 the completion of negotiations of proposed state collective 3 bargaining agreements not later than March 15. The date 4 selected for the mandatory submission of impasse items to 5 binding arbitration shall be sufficiently in advance of March 6 15 to insure ensure that the arbitrators’ decision arbitrator’s 7 award can be reasonably made before March 15. 8 Sec. 22. Section 20.17, subsection 11, Code 2009, is amended 9 to read as follows: 10 11. a. In the absence of an impasse agreement negotiated 11 pursuant to section 20.19 which provides for a different 12 completion date, public employees represented by a certified 13 employee organization who are teachers licensed under chapter 14 272 and who are employed by a public employer which is a 15 school district or area education agency shall complete the 16 negotiation of a proposed collective bargaining agreement 17 not later than May 31 of the year when the agreement is to 18 become effective. The board shall provide, by rule, a date 19 on which impasse items in such cases must be submitted to 20 binding arbitration and for such other procedures as deemed 21 necessary to provide for the completion of negotiations of 22 proposed collective bargaining agreements not later than 23 May 31. The date selected for the mandatory submission of 24 impasse items to binding arbitration in such cases shall 25 be sufficiently in advance of May 31 to ensure that the 26 arbitrators’ decision arbitrator’s award can be reasonably made 27 before by May 31. 28 b. If the public employer is a community college, the 29 following apply: 30 (1) b. The negotiation of a proposed collective bargaining 31 agreement shall be complete not later than May 31 of the 32 year when the agreement is to become effective, absent the 33 existence In the absence of an impasse agreement negotiated 34 pursuant to section 20.19 which provides for a different 35 -8- LSB 6241YC (4) 83 ec/rj 8/ 15

H.F. _____ completion date , public employees represented by a certified 1 employee organization who are employed by a public employer 2 which is a community college shall complete the negotiation 3 of a proposed collective bargaining agreement not later than 4 May 31 of the year when the agreement is to become effective . 5 The board shall adopt rules providing for provide, by rule, a 6 date 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 by May 31. 15 (2) c. Notwithstanding the provisions of subparagraph 16 (1) paragraphs “a” and “b” , the May 31 deadline may be waived by 17 mutual agreement of the parties to the collective bargaining 18 agreement negotiations. 19 Sec. 23. Section 20.18, unnumbered paragraph 1, Code 2009, 20 is amended to read as follows: 21 An agreement with an employee organization which is 22 the exclusive representative of public employees in an 23 appropriate unit may provide procedures for the consideration 24 of public employee and employee organization grievances and of 25 disputes over the interpretation and application of agreements. 26 Negotiated procedures may provide for binding arbitration of 27 public employee and employee organization grievances and of 28 disputes over the interpretation and application of existing 29 agreements. An arbitrator’s decision on a grievance may not 30 change or amend the terms, conditions , or applications of the 31 collective bargaining agreement. Such procedures shall provide 32 for the invoking of arbitration only with the approval of the 33 employee organization in all instances , and in the case of an 34 employee grievance, only with the additional approval of the 35 -9- LSB 6241YC (4) 83 ec/rj 9/ 15

H.F. _____ public employee. The costs of arbitration shall be shared 1 equally by the parties. 2 Sec. 24. Section 20.22, subsections 1, 2, and 3, Code 2009, 3 are amended to read as follows: 4 1. If an impasse persists after the findings of fact and 5 recommendations are made public by the fact-finder, the parties 6 may continue to negotiate or ten days after the mediator has 7 been appointed , the board shall have the power, upon request 8 of either party, to arrange for arbitration, which shall be 9 binding. The request for arbitration shall be in writing and a 10 copy of the request shall be served upon the other party. 11 2. a. Each party shall submit to the board serve its final 12 offer on each of the impasse items upon the other party within 13 four days of the board’s receipt of the request a final offer 14 on the impasse items with proof of service of a copy upon the 15 other party for arbitration . Each party shall also submit a 16 copy of a draft of the proposed collective bargaining agreement 17 to the extent to which agreement has been reached and the 18 name of its selected arbitrator. The parties may continue 19 to negotiate all offers until an agreement is reached or a 20 decision an award is rendered by the panel of arbitrators. 21 b. As an alternative procedure, the two parties may agree 22 to submit the dispute to a single arbitrator. If the parties 23 cannot agree on the arbitrator within four days, the selection 24 shall be made pursuant to subsection 5 arbitrator . The full 25 costs of arbitration under this provision section shall be 26 shared equally by the parties to the dispute. 27 3. The submission of the impasse items to the 28 arbitrators arbitrator shall be limited to those issues that 29 had been considered by the fact-finder and items upon which 30 the parties have not reached agreement. With respect to 31 each such item, the arbitration board arbitrator’s award 32 shall be restricted to the final offers on each impasse 33 item submitted by the parties to the arbitration board or 34 to the recommendation of the fact-finder on each impasse 35 -10- LSB 6241YC (4) 83 ec/rj 10/ 15

H.F. _____ item arbitrator . 1 Sec. 25. Section 20.22, subsections 10 through 13, Code 2 2009, are amended to read as follows: 3 10. The chairperson of the panel of arbitrators arbitrator 4 may hold hearings and administer oaths, examine witnesses and 5 documents, take testimony and receive evidence, and issue 6 subpoenas to compel the attendance of witnesses and the 7 production of records , and delegate such powers to other 8 members of the panel of arbitrators . The chairperson 9 of the panel of arbitrators arbitrator may petition the 10 district court at the seat of government or of the county in 11 which any the hearing is held to enforce the order of the 12 chairperson arbitrator compelling the attendance of witnesses 13 and the production of records. 14 11. A majority of the panel of arbitrators The 15 arbitrator shall select within fifteen days after its first 16 meeting the hearing the most reasonable offer, in it’s the 17 arbitrator’s judgment, of the final offers on each impasse 18 item submitted by the parties , or the recommendations of the 19 fact-finder on each impasse item . 20 12. The selections by the panel of arbitrators arbitrator 21 and items agreed upon by the public employer and the employee 22 organization, shall be deemed to be the collective bargaining 23 agreement between the parties. 24 13. The determination of the panel of arbitrators shall 25 be by majority vote and arbitrator shall be final and binding 26 subject to the provisions of section 20.17, subsection 6. The 27 panel of arbitrators arbitrator shall give written explanation 28 for its selection the arbitrator’s selections and inform the 29 parties of its the decision. 30 Sec. 26. Section 20.22, subsection 4, Code 2009, is amended 31 by striking the subsection and inserting in lieu thereof the 32 following: 33 4. Upon the filing of the request for arbitration, a list 34 of five arbitrators shall be served upon the parties by the 35 -11- LSB 6241YC (4) 83 ec/rj 11/ 15

H.F. _____ board. Within five days of service of the list, the parties 1 shall determine by lot which party shall remove the first name 2 from the list and the parties shall then alternately remove 3 names from the list until the name of one person remains, who 4 shall become the arbitrator. The parties shall immediately 5 notify the board of their selection and the board shall 6 notify the arbitrator. After consultation with the parties, 7 the arbitrator shall set a time and place for an arbitration 8 hearing. 9 Sec. 27. Section 20.22, subsections 5 and 6, Code 2009, are 10 amended by striking the subsections. 11 Sec. 28. Section 20.22, subsections 7 and 8, Code 2009, are 12 amended to read as follows: 13 7. The panel of arbitrators arbitrator shall at no time 14 engage in an effort to mediate or otherwise settle the dispute 15 in any manner other than that prescribed in this section. 16 8. From the time of appointment the board notifies 17 the arbitrator of the selection of the arbitrator until 18 such time as the panel of arbitrators makes its final 19 determination arbitrator’s selection on each impasse item is 20 made , there shall be no discussion concerning recommendations 21 for settlement of the dispute by the members of the panel of 22 arbitrators arbitrator with parties other than those who are 23 direct parties to the dispute. The panel of arbitrators may 24 conduct formal or informal hearings to discuss offers submitted 25 by both parties. 26 Sec. 29. Section 20.22, subsection 9, unnumbered paragraph 27 1, Code 2009, is amended to read as follows: 28 The panel of arbitrators arbitrator shall consider, in 29 addition to any other relevant factors, the following factors: 30 Sec. 30. Section 20.24, Code 2009, is amended to read as 31 follows: 32 20.24 Notice and service. 33 Any notice required under the provisions of this chapter 34 shall be in writing, but service thereof shall be sufficient 35 -12- LSB 6241YC (4) 83 ec/rj 12/ 15

H.F. _____ if mailed by restricted certified mail, return receipt 1 requested , addressed to the last known address of the 2 parties intended recipient , unless otherwise provided in this 3 chapter. Refusal of restricted certified mail by any party 4 shall be considered service. Prescribed Unless otherwise 5 provided in this chapter, prescribed time periods shall 6 commence from the date of the receipt of the notice. Any party 7 may at any time execute and deliver an acceptance of service in 8 lieu of mailed notice. 9 Sec. 31. REPEAL. Section 20.21, Code 2009, is repealed. 10 EXPLANATION 11 This bill concerns public employee collective bargaining 12 generally. 13 Code section 20.1, subsection 2, is amended to provide that 14 one of the powers and duties of the public employment relations 15 board (PERB) is to represent the board in court. 16 Code section 20.6 is amended to provide that PERB shall 17 interpret, apply, and administer the provisions of Code chapter 18 20. 19 Code section 20.10, subsections 1, 2, and 3, are amended 20 to eliminate the requirement that an act giving rise to a 21 prohibited practice under this Code section must be willful to 22 constitute a violation. 23 Code section 20.10, subsection 4, is amended to specifically 24 provide that oral expression of views without threat of 25 reprisal or force shall not constitute or be evidence of a 26 prohibited practice. 27 Code section 20.11 is amended to allow a presiding officer 28 in a prohibited practice hearing to hear the case through the 29 use of technology from a location other than the county where 30 the alleged violation occurred. The bill also allows PERB to 31 designate one of its members or any other qualified person to 32 preside at a prohibited practice hearing. 33 The bill amends Code sections 20.11, 20.13, and 20.14 34 to provide that Code chapter 17A, the Iowa administrative 35 -13- LSB 6241YC (4) 83 ec/rj 13/ 15

H.F. _____ procedure Act, governs hearing and appeal proceedings described 1 in those Code sections. 2 Code section 20.15, concerning certification elections for 3 exclusive bargaining representation, is amended. The bill 4 provides that a petition for certification of an exclusive 5 bargaining representative for a bargaining unit cannot 6 occur if that bargaining unit is currently represented by an 7 exclusive bargaining representative. The bill also provides 8 that a petition for decertification of a certified exclusive 9 bargaining representative cannot occur for a period of one year 10 from the date of certification or the date of its continuing 11 certification or during the duration of a collective bargaining 12 agreement. 13 Code section 20.17, subsection 3, concerning bargaining 14 procedures, is amended to provide that parties utilizing a 15 cooperative alternative bargaining process may exchange their 16 initial interest statements in lieu of an initial bargaining 17 position during bargaining. 18 Code section 20.17, subsection 11, concerning the deadlines 19 for community college employee bargaining, is amended to 20 match the provisions of the subsection applicable to other 21 educational bargaining units. 22 Code section 20.18, concerning grievance procedures, 23 is amended to provide that an agreement with an employee 24 organization may include procedures for the consideration 25 of employee organization grievances in addition to public 26 employee grievances. The section is also amended to provide 27 that arbitration shall be invoked only with the approval of 28 the employee organization in all instances and, for employee 29 grievances, the additional approval of the employee. 30 Code section 20.21, concerning fact-finding procedures, 31 is repealed to eliminate fact-finding from public employee 32 collective bargaining. Corresponding amendments are made 33 throughout Code chapter 20. 34 Code section 20.22, concerning binding arbitration, is 35 -14- LSB 6241YC (4) 83 ec/rj 14/ 15

H.F. _____ amended to provide that arbitration will be conducted by a 1 single arbitrator and not a panel of arbitrators. The bill 2 also provides for the method of selecting the arbitrator. The 3 bill provides that PERB will submit a list of five arbitrators 4 to the parties upon the filing of a request for arbitration 5 and then each party, in an order determined by lot, shall 6 alternatively remove names from the list until one name 7 remains. 8 -15- LSB 6241YC (4) 83 ec/rj 15/ 15