House File 206 - Introduced HOUSE FILE 206 BY JORGENSEN A BILL FOR An Act concerning public employee collective bargaining and 1 including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1745YH (6) 84 je/rj

H.F. 206 Section 1. Section 20.7, Code 2011, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 10. Require a public employee to pay 3 up to thirty percent of the cost of a health insurance plan 4 established pursuant to chapter 509A which the public employer 5 provides for the public employee and other persons covered 6 through the public employee. 7 Sec. 2. Section 20.9, Code 2011, is amended by adding the 8 following new unnumbered paragraph: 9 NEW UNNUMBERED PARAGRAPH . All charges for health insurance 10 plans established pursuant to chapter 509A shall be excluded 11 from the scope of negotiations. 12 Sec. 3. Section 20.22, subsection 7, Code 2011, is amended 13 to read as follows: 14 7. a. The arbitrator shall first determine the ability 15 of the particular public employer to finance the cost of each 16 final offer on each of the impasse items. The arbitrator 17 shall not select a final offer if the arbitrator determines 18 the particular public employer would not be able to finance 19 the cost of the final offer. In making the determination, the 20 arbitrator shall consider all of the following: 21 (1) The interests and welfare of the public, the ability 22 of the public employer to finance economic adjustments without 23 raising taxes and the effect of such adjustments on the normal 24 standard of services. 25 (2) The power of the public employer to appropriate funds 26 for the conduct of its operations. 27 b. After the arbitrator has determined the ability of the 28 public employer to finance the cost of each final offer on 29 each of the impasse items, the arbitrator shall consider, in 30 addition to any other relevant factors, all of the following 31 factors: 32 a. (1) Past collective bargaining contracts between the 33 parties including the bargaining that led up to such contracts. 34 b. (2) Comparison of wages, hours , and conditions of 35 -1- LSB 1745YH (6) 84 je/rj 1/ 3

H.F. 206 employment of the involved public employees with those of 1 other public and private employees within the midwest, giving 2 preference to comparisons within the state, doing comparable 3 work, giving consideration to factors peculiar to the area and 4 the classifications involved. 5 c. The interests and welfare of the public, the ability of 6 the public employer to finance economic adjustments and the 7 effect of such adjustments on the normal standard of services. 8 d. The power of the public employer to levy taxes and 9 appropriate funds for the conduct of its operations. 10 Sec. 4. APPLICABILITY. The sections of this Act amending 11 sections 20.7 and 20.9 apply to collective bargaining 12 agreements entered into on or after the effective date of this 13 Act. 14 EXPLANATION 15 This bill grants a public employer the right to require a 16 public employee to pay up to 30 percent of the cost of a health 17 insurance plan established pursuant to Code chapter 509A which 18 the public employer provides for the public employee and other 19 persons covered through the public employee. 20 The bill removes charges for health insurance plans 21 established pursuant to Code chapter 509A from the scope 22 of negotiations for public employee collective bargaining 23 agreements. 24 The bill provides that these provisions are applicable to 25 collective bargaining agreements entered into on or after the 26 effective date of the bill. 27 Current law sets out certain factors which an arbitrator 28 of a public employee collective bargaining agreement must 29 consider. The bill requires an arbitrator to first determine 30 the ability of the particular public employer to finance final 31 offers on each of the impasse items. The bill sets out factors 32 which an arbitrator must consider in making the determination. 33 The factors are the interests and welfare of the public, the 34 ability of the public employer to finance economic adjustments 35 -2- LSB 1745YH (6) 84 je/rj 2/ 3

H.F. 206 without raising taxes, the effect of such adjustments 1 on the normal standard of services, and the power of the 2 public employer to appropriate funds for the conduct of its 3 operations. The bill prohibits an arbitrator from selecting a 4 final offer for which the arbitrator determines the particular 5 public employer would not be able to finance the cost. The 6 bill sets out additional factors which an arbitrator must 7 consider after the arbitrator has determined the ability of the 8 public employer to pay for the final offers on each impasse 9 item. The additional factors are past collective bargaining 10 contracts between the parties including the bargaining that 11 led up to such contracts and comparison of wages, hours, and 12 conditions of employment of the involved public employees with 13 those of other public and private employees within the midwest, 14 giving preference to comparisons within the state, doing 15 comparable work. The bill removes the power of the public 16 employer to levy taxes for the conduct of its operations from 17 the factors an arbitrator shall consider. 18 -3- LSB 1745YH (6) 84 je/rj 3/ 3