HOUSE FILE 206

BY  JORGENSEN

A BILL FOR

An Act concerning public employee collective bargaining and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 20.7, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  Require a public employee to pay up to thirty percent of the cost of a health insurance plan established pursuant to chapter 509A which the public employer provides for the public employee and other persons covered through the public employee.
   Sec. 2.  Section 20.9, Code 2011, is amended by adding the following new unnumbered paragraph:
   NEW UNNUMBERED PARAGRAPH.  All charges for health insurance plans established pursuant to chapter 509A shall be excluded from the scope of negotiations.
   Sec. 3.  Section 20.22, subsection 7, Code 2011, is amended to read as follows:
   7.
  a.  The arbitrator shall first determine the ability of the particular public employer to finance the cost of each final offer on each of the impasse items. The arbitrator shall not select a final offer if the arbitrator determines the particular public employer would not be able to finance the cost of the final offer. In making the determination, the arbitrator shall consider all of the following:
   (1)  The interests and welfare of the public, the ability of the public employer to finance economic adjustments without raising taxes and the effect of such adjustments on the normal standard of services.
   (2)  The power of the public employer to appropriate funds for the conduct of its operations.
   b.  After the arbitrator has determined the ability of the public employer to finance the cost of each final offer on each of the impasse items, the arbitrator shall consider, in addition to any other relevant factors, all of the following factors:

   a.  (1)  Past collective bargaining contracts between the parties including the bargaining that led up to such contracts.
   b.  (2)  Comparison of wages, hours, and conditions of employment of the involved public employees with those of other public and private employees within the midwest, giving preference to comparisons within the state, doing comparable work, giving consideration to factors peculiar to the area and the classifications involved.
   c.  The interests and welfare of the public, the ability of the public employer to finance economic adjustments and the effect of such adjustments on the normal standard of services.
   d.  The power of the public employer to levy taxes and appropriate funds for the conduct of its operations.
   Sec. 4.  APPLICABILITY.  The sections of this Act amending sections 20.7 and 20.9 apply to collective bargaining agreements entered into on or after the effective date of this Act.
EXPLANATION
   This bill grants a public employer the right to require a public employee to pay up to 30 percent of the cost of a health insurance plan established pursuant to Code chapter 509A which the public employer provides for the public employee and other persons covered through the public employee. 
   The bill removes charges for health insurance plans established pursuant to Code chapter 509A from the scope of negotiations for public employee collective bargaining agreements. 
   The bill provides that these provisions are applicable to collective bargaining agreements entered into on or after the effective date of the bill.
   Current law sets out certain factors which an arbitrator of a public employee collective bargaining agreement must consider. The bill requires an arbitrator to first determine the ability of the particular public employer to finance final offers on each of the impasse items. The bill sets out factors which an arbitrator must consider in making the determination. The factors are the interests and welfare of the public, the ability of the public employer to finance economic adjustments without raising taxes, the effect of such adjustments on the normal standard of services, and the power of the public employer to appropriate funds for the conduct of its operations. The bill prohibits an arbitrator from selecting a final offer for which the arbitrator determines the particular public employer would not be able to finance the cost. The bill sets out additional factors which an arbitrator must consider after the arbitrator has determined the ability of the public employer to pay for the final offers on each impasse item. The additional factors are past collective bargaining contracts between the parties including the bargaining that led up to such contracts and comparison of wages, hours, and conditions of employment of the involved public employees with those of other public and private employees within the midwest, giving preference to comparisons within the state, doing comparable work. The bill removes the power of the public employer to levy taxes for the conduct of its operations from the factors an arbitrator shall consider.