Senate File 2187 - Introduced SENATE FILE 2187 BY CHELGREN A BILL FOR An Act eliminating public employee collective bargaining and 1 including effective date, applicability, and transition 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5866XS (9) 84 je/rj
S.F. 2187 DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING REPEAL. 2 Section 1. Section 1C.2, subsections 2 and 3, Code 2011, are 3 amended to read as follows: 4 2. a. State employees are granted two days of paid leave 5 each year to be added to the vacation allowance and accrued 6 under the provisions of section 70A.1 . In addition, an 7 appointing authority shall grant not more than four additional 8 days of paid leave each year as required to implement contract 9 provisions negotiated pursuant to chapter 20 . 10 b. The executive council may designate days off from 11 employment with pay in addition to those enumerated in this 12 section for state employees at its discretion. 13 3. If a holiday enumerated in this section falls on 14 Saturday, the preceding Friday shall be granted and if a 15 holiday enumerated in this section falls on Sunday, the 16 following Monday shall be granted. In those cases, where by 17 nature of the employment a state employee must be required to 18 work on a holiday the provisions of subsection 1 shall not 19 apply, however, compensation shall be made on the basis of the 20 employee’s straight time hourly rate for a forty-hour workweek 21 and shall be made in either compensatory time off or cash 22 payment, at the discretion of the appointing authority unless 23 otherwise provided for in a collective bargaining agreement . 24 Notwithstanding any other provision of this section , an 25 employee of the state who does not accrue sick leave or 26 vacation, and who works on a holiday, shall receive regular pay 27 for the hours worked on that holiday and shall not otherwise 28 earn holiday compensatory pay. 29 Sec. 2. Section 2.10, subsection 8, Code 2011, is amended by 30 striking the subsection. 31 Sec. 3. Section 2.40, subsection 1, paragraphs a and d, Code 32 2011, are amended to read as follows: 33 a. A member of the general assembly may elect to become a 34 member of a state group insurance plan for employees of the 35 -1- LSB 5866XS (9) 84 je/rj 1/ 44
S.F. 2187 state established under chapter 509A subject to the following 1 conditions: 2 (1) The member shall be eligible for all state group 3 insurance plans on the basis of enrollment rules established 4 for full-time state employees excluded from collective 5 bargaining as provided in chapter 20 . 6 (2) The member shall pay the premium for the plan selected 7 on the same basis as a full-time state employee excluded from 8 collective bargaining as provided in chapter 20 . 9 (3) The member shall authorize a payroll deduction of 10 the premium due according to the member’s pay plan selected 11 pursuant to section 2.10, subsection 4 . 12 (4) The premium rate shall be the same as the premium rate 13 paid by a state employee for the plan selected. 14 d. A member of the general assembly who elects to become 15 a member of a state health or medical group insurance plan 16 shall be exempted from preexisting medical condition waiting 17 periods. A member of the general assembly may change programs 18 or coverage under the state health or medical service group 19 insurance plan during the month of January of odd-numbered 20 years, but program and coverage change selections shall be 21 subject to the enrollment rules established for full-time state 22 employees excluded from collective bargaining as provided in 23 chapter 20 . 24 Sec. 4. Section 2.40, subsection 2, paragraphs a and e, Code 25 2011, are amended to read as follows: 26 a. The part-time employee shall be eligible for all 27 state group insurance plans on the basis of enrollment rules 28 established for full-time state employees excluded from 29 collective bargaining as provided in chapter 20 and shall have 30 the same rights to change programs or coverage as are afforded 31 such state employees. 32 e. A member of a state group insurance plan pursuant to this 33 subsection shall have the same rights upon final termination of 34 employment as a part-time employee as are afforded full-time 35 -2- LSB 5866XS (9) 84 je/rj 2/ 44
S.F. 2187 state employees excluded from collective bargaining as provided 1 in chapter 20 . 2 Sec. 5. Section 2C.11A, Code 2011, is amended to read as 3 follows: 4 2C.11A Subjects for investigations —— disclosures of 5 information. 6 The office of citizens’ aide shall investigate a complaint 7 filed by an employee who is not a merit system employee or 8 an employee covered by a collective bargaining agreement and 9 who alleges that adverse employment action has been taken 10 against the employee in violation of section 70A.28, subsection 11 2 . A complaint filed pursuant to this section shall be made 12 within thirty calendar days following the effective date of 13 the adverse employment action. The citizens’ aide shall 14 investigate the matter and shall issue findings relative to the 15 complaint in an expeditious manner. 16 Sec. 6. Section 8.56, subsection 3, Code 2011, is amended 17 to read as follows: 18 3. The moneys in the cash reserve fund shall only be used 19 pursuant to an appropriation made by the general assembly. An 20 appropriation shall be made in accordance with subsection 4 21 only for the fiscal year in which the appropriation is made. 22 The moneys shall only be appropriated by the general assembly 23 for nonrecurring emergency expenditures and shall not be 24 appropriated for payment of any collective bargaining agreement 25 or arbitrator’s decision negotiated or awarded under chapter 26 20 . Except as provided in section 8.58 , the cash reserve fund 27 shall be considered a special account for the purposes of 28 section 8.53 in determining the cash position of the general 29 fund of the state for the payment of state obligations. 30 Sec. 7. Section 8.58, Code Supplement 2011, is amended to 31 read as follows: 32 8.58 Exemption from automatic application. 33 1. To the extent that moneys appropriated under section 34 8.57 do not result in moneys being credited to the general 35 -3- LSB 5866XS (9) 84 je/rj 3/ 44
S.F. 2187 fund under section 8.55, subsection 2 , moneys appropriated 1 under section 8.57 and moneys contained in the cash reserve 2 fund, rebuild Iowa infrastructure fund, environment first 3 fund, Iowa economic emergency fund, and taxpayers trust fund 4 shall not be considered in the application of any formula, 5 index, or other statutory triggering mechanism which would 6 affect appropriations, payments, or taxation rates, contrary 7 provisions of the Code notwithstanding. 8 2. To the extent that moneys appropriated under section 9 8.57 do not result in moneys being credited to the general fund 10 under section 8.55, subsection 2 , moneys appropriated under 11 section 8.57 and moneys contained in the cash reserve fund, 12 rebuild Iowa infrastructure fund, environment first fund, Iowa 13 economic emergency fund, and taxpayers trust fund shall not be 14 considered by an arbitrator or in negotiations under chapter 15 20 . 16 Sec. 8. Section 8A.402, subsection 1, paragraph g, Code 17 2011, is amended by striking the paragraph. 18 Sec. 9. Section 8A.402, subsection 2, paragraph g, 19 subparagraph (1), subparagraph division (b), Code 2011, is 20 amended to read as follows: 21 (b) For the purposes of this paragraph “g” , “supervisory 22 employee” means a public employee who is not a member of a 23 collective bargaining unit and who has authority, in the 24 interest of a public employer, to hire, transfer, suspend, lay 25 off, recall, promote, discharge, assign, reward, or discipline 26 other public employees, to direct such public employees, or 27 to adjust the grievances of such public employees, or to 28 effectively recommend any such action. 29 Sec. 10. Section 8A.411, Code 2011, is amended to read as 30 follows: 31 8A.411 Merit system established —— collective bargaining —— 32 applicability. 33 1. The general purpose of this subchapter is to establish 34 for the state of Iowa a system of human resource administration 35 -4- LSB 5866XS (9) 84 je/rj 4/ 44
S.F. 2187 based on merit principles and scientific methods to govern the 1 appointment, compensation, promotion, welfare, development, 2 transfer, layoff, removal, and discipline of its civil 3 employees, and other incidents of state employment. 4 2. It is also the purpose of this subchapter to promote the 5 coordination of personnel rules and policies with collective 6 bargaining agreements negotiated under chapter 20 . 7 3. 2. All appointments and promotions to positions covered 8 by the state merit system shall be made solely on the basis of 9 merit and fitness, to be ascertained by examinations or other 10 appropriate screening methods, except as otherwise specified 11 in this subchapter . 12 4. 3. Provisions of this subchapter pertaining to 13 qualifications, examination, certification, probation, and just 14 cause apply only to employees covered by the merit system. 15 Sec. 11. Section 8A.413, unnumbered paragraph 1, Code 2011, 16 is amended to read as follows: 17 The department shall adopt rules for the administration of 18 this subchapter pursuant to chapter 17A . Rulemaking shall 19 be carried out with due regard to the terms of collective 20 bargaining agreements. A rule shall not supersede a provision 21 of a collective bargaining agreement negotiated under chapter 22 20 . Notwithstanding any provisions to the contrary, a rule 23 or regulation shall not be adopted by the department which 24 would deprive the state of Iowa, or any of its agencies or 25 institutions, of federal grants or other forms of financial 26 assistance. The rules shall provide: 27 Sec. 12. Section 8A.413, subsections 3, 13, 16, 19, and 20, 28 Code 2011, are amended to read as follows: 29 3. For pay plans covering all employees in the executive 30 branch, excluding employees of the state board of regents, 31 after consultation with the governor and appointing 32 authorities , and consistent with the terms of collective 33 bargaining agreements negotiated under chapter 20 . 34 13. For transfer from a position in one state agency 35 -5- LSB 5866XS (9) 84 je/rj 5/ 44
S.F. 2187 to a similar position in the same state agency or another 1 state agency involving similar qualifications, duties, 2 responsibilities, and salary ranges. Whenever an employee 3 transfers or is transferred from one state agency to another 4 state agency, the employee’s seniority rights, any accumulated 5 sick leave, and accumulated vacation time, as provided in 6 the law, shall be transferred to the new place of employment 7 and credited to the employee. Employees who are subject to 8 contracts negotiated under chapter 20 which include transfer 9 provisions shall be governed by the contract provisions. 10 16. For layoffs by reason of lack of funds or work, or 11 reorganization, and for the recall of employees so laid off, 12 giving consideration in layoffs to the employee’s performance 13 record and length of service. An employee who has been 14 laid off may be on a recall list for one year, which list 15 shall be exhausted by the organizational unit enforcing 16 the layoff before selection of an employee may be made from 17 the promotional or nonpromotional list in the employee’s 18 classification. Employees who are subject to contracts 19 negotiated under chapter 20 which include layoff and recall 20 provisions shall be governed by the contract provisions. 21 19. For establishment of a uniform plan for resolving 22 employee grievances and complaints. Employees who are 23 subject to contracts negotiated under chapter 20 which include 24 grievance and complaint provisions shall be governed by the 25 contract provisions. 26 20. a. For attendance regulations, and special leaves of 27 absence, with or without pay, or reduced pay, in the various 28 classes of positions in the executive branch, excluding 29 positions under the state board of regents. 30 a. Employees who are subject to contracts negotiated under 31 chapter 20 which include leave of absence provisions shall be 32 governed by the contract provisions. 33 b. Annual sick leave and vacation time shall be granted in 34 accordance with section 70A.1 . 35 -6- LSB 5866XS (9) 84 je/rj 6/ 44
S.F. 2187 Sec. 13. Section 8A.414, Code 2011, is amended to read as 1 follows: 2 8A.414 Experimental research projects. 3 The director may conduct experimental or research 4 personnel-related projects of limited duration designed 5 to improve the quality of the employment system. The 6 provisions of section 8A.413 or administrative rules adopted 7 pursuant to that section are waived for the purposes of 8 such projects. Projects adopted under this authority shall 9 not violate existing collective bargaining agreements. Any 10 projects that relate to issues covered by such agreements or 11 issues that are mandatory subjects of collective bargaining 12 are subject to negotiations as applicable. The director 13 shall notify the chairpersons of the standing committees on 14 appropriations of the senate and the house of representatives 15 and the chairpersons of the appropriate subcommittees of 16 those committees of the proposed projects. The notice from 17 the director shall include the purpose of the project, a 18 description of the project, and how the project will be 19 evaluated. Chairpersons notified shall be given at least two 20 weeks to review and comment on the proposal before the project 21 is implemented. The director shall report the results of the 22 experimental research projects conducted in the preceding 23 fiscal year to the legislative council by September 30 of each 24 year. 25 Sec. 14. Section 8A.415, subsection 1, paragraph a, Code 26 2011, is amended to read as follows: 27 a. An employee , except an employee covered by a collective 28 bargaining agreement which provides otherwise, who has 29 exhausted the available agency steps in the uniform grievance 30 procedure provided for in the department rules may, within 31 seven calendar days following the date a decision was received 32 or should have been received at the second step of the 33 grievance procedure, file the grievance at the third step 34 with the director. The director shall respond within thirty 35 -7- LSB 5866XS (9) 84 je/rj 7/ 44
S.F. 2187 calendar days following receipt of the third step grievance. 1 Sec. 15. Section 8A.415, subsection 2, paragraph a, Code 2 2011, is amended to read as follows: 3 a. A merit system employee , except an employee covered by a 4 collective bargaining agreement, who is discharged, suspended, 5 demoted, or otherwise receives a reduction in pay, except 6 during the employee’s probationary period, may bypass steps one 7 and two of the grievance procedure and appeal the disciplinary 8 action to the director within seven calendar days following 9 the effective date of the action. The director shall respond 10 within thirty calendar days following receipt of the appeal. 11 Sec. 16. Section 8A.459, Code 2011, is amended to read as 12 follows: 13 8A.459 State employee pay and allowances —— electronic funds 14 transfer. 15 Effective July 1, 2011, notwithstanding Notwithstanding any 16 provision of law to the contrary, all pay and allowances to 17 state employees shall be paid via electronic funds transfer , 18 unless otherwise provided pursuant to a collective bargaining 19 agreement . A state employee may elect to receive pay and 20 allowances as paper warrants in lieu of electronic funds 21 transfers, but the department shall charge an administrative 22 fee for processing such paper warrants. However, the 23 department may, for good cause shown, waive the administrative 24 fee. The fee may be automatically deducted from the state 25 employee’s pay and allowances before the warrant is issued to 26 the state employee. 27 Sec. 17. Section 8D.3, subsection 2, paragraph a, 28 subparagraph (3), Code Supplement 2011, is amended to read as 29 follows: 30 (3) The salary of the members of the commission shall be 31 twelve thousand dollars per year, except that the salary of 32 the chairperson shall be seventeen thousand dollars per year. 33 Members of the commission shall also be reimbursed for all 34 actual and necessary expenses incurred in the performance of 35 -8- LSB 5866XS (9) 84 je/rj 8/ 44
S.F. 2187 duties as members. The benefits and salary paid to the members 1 of the commission shall may be adjusted annually equal to the 2 average of the annual pay adjustments, expense reimbursements, 3 and related benefits provided under collective bargaining 4 agreements negotiated pursuant to chapter 20 . 5 Sec. 18. Section 13.13, subsection 2, Code 2011, is amended 6 to read as follows: 7 2. The farm assistance program coordinator shall contract 8 with a nonprofit organization chartered in this state to 9 provide mediation services as provided in chapters 654A , 654B , 10 and 654C . The contract may be terminated by the coordinator 11 upon written notice and for good cause. The organization 12 awarded the contract is designated as the farm mediation 13 service for the duration of the contract. The organization 14 may, upon approval by the coordinator, provide mediation 15 services other than as provided by law. The farm mediation 16 service is not a state agency for the purposes of chapter 8A, 17 subchapter IV , and chapters 20 and chapter 669 . 18 Sec. 19. Section 13.22, subsection 6, Code 2011, is amended 19 to read as follows: 20 6. Cooperate to the fullest extent feasible with the 21 existing informational and referral networks among farmers, 22 farmer advocates, and others concerned with the economic crisis 23 in agricultural areas. The legal services provider is not a 24 state agency for the purposes of chapter 8A, subchapter IV , and 25 chapters 20 and chapter 669 . 26 Sec. 20. Section 13.34, subsection 4, Code 2011, is amended 27 to read as follows: 28 4. The contracting nonprofit organization is not a state 29 agency for the purposes of chapter 8A, subchapter IV , and 30 chapters 20 and chapter 669 . 31 Sec. 21. Section 15.106C, subsection 4, Code Supplement 32 2011, is amended to read as follows: 33 4. The director shall employ personnel as necessary to 34 carry out the duties and responsibilities of the authority. 35 -9- LSB 5866XS (9) 84 je/rj 9/ 44
S.F. 2187 For nonprofessional employees, employment shall be consistent 1 with chapter 8A, subchapter IV . The employment of professional 2 employees shall be exempt from the provisions of chapter 8A, 3 subchapter IV , and chapter 20 . 4 Sec. 22. Section 19B.12, subsection 7, Code 2011, is amended 5 by striking the subsection. 6 Sec. 23. Section 21.9, Code 2011, is amended to read as 7 follows: 8 21.9 Employment conditions discussed. 9 A meeting of a governmental body to discuss strategy in 10 matters relating to employment conditions of employees of 11 the governmental body who are not covered by a collective 12 bargaining agreement under chapter 20 is exempt from this 13 chapter . For the purpose of this section , “employment 14 conditions” mean areas included in the scope of negotiations 15 listed in section 20.9 means wages, hours, vacations, 16 insurance, holidays, leaves of absence, shift differentials, 17 overtime compensation, supplemental pay, seniority, transfer 18 procedures, job classifications, health and safety matters, 19 evaluation procedures, procedures for staff reduction, and 20 in-service training . 21 Sec. 24. Section 28J.7, subsection 2, Code 2011, is amended 22 by striking the subsection. 23 Sec. 25. Section 70A.1, subsection 4, Code 2011, is amended 24 to read as follows: 25 4. Effective July 1, 2006, permanent Permanent full-time 26 and permanent part-time employees of state departments, boards, 27 agencies, and commissions shall accrue sick leave as provided 28 in this subsection which shall be credited to the employee’s 29 sick leave account. The sick leave accrual rate for part-time 30 employees shall be prorated to the accrual rate for full-time 31 employees. The sick leave accrual rate for each complete month 32 of full-time employment , excluding employees covered under a 33 collective bargaining agreement which provides for a different 34 rate of accrual, shall be as follows: 35 -10- LSB 5866XS (9) 84 je/rj 10/ 44
S.F. 2187 a. For employees of the state board of regents, one and 1 one-half days. 2 b. For employees who are peace officers employed within 3 the department of public safety or department of natural 4 resources and who are not covered under a collective bargaining 5 agreement, the rate shall be the same as the rate provided 6 under the state police officers council collective bargaining 7 agreement. 8 c. b. For all other employees, the rate shall be as 9 follows: 10 (1) If the employee’s accrued sick leave balance is seven 11 hundred fifty hours or less, one and one-half days. 12 (2) If the employee’s accrued sick leave balance is one 13 thousand five hundred hours or less but more than seven hundred 14 fifty hours, one day. 15 (3) If the employee’s accrued sick leave balance is more 16 than one thousand five hundred hours, one-half day. 17 Sec. 26. Section 70A.1, subsection 7, Code 2011, is amended 18 to read as follows: 19 7. State employees, excluding state board of regents’ 20 faculty members with nine-month appointments, and employees 21 covered under a collective bargaining agreement negotiated 22 with the public safety bargaining unit who are eligible for 23 accrued vacation benefits and accrued sick leave benefits, who 24 have accumulated thirty days of sick leave, and who do not 25 use sick leave during a full month of employment may elect to 26 have up to one-half day of additional vacation added to the 27 employee’s accrued vacation account. The additional vacation 28 time added to an employee’s accrued vacation account for not 29 using sick leave during a month is in lieu of the accrual of 30 sick leave for that month. The amount of additional vacation 31 for part-time employees shall be prorated to the amount of 32 additional vacation authorized for full-time employees. The 33 director of the department of administrative services may adopt 34 the necessary rules and procedures for the implementation of 35 -11- LSB 5866XS (9) 84 je/rj 11/ 44
S.F. 2187 this program for all state employees except employees of the 1 state board of regents. The state board of regents may adopt 2 necessary rules for the implementation of this program for its 3 employees. 4 Sec. 27. Section 70A.20, subsection 4, Code 2011, is amended 5 to read as follows: 6 4. All probationary and permanent full-time state employees 7 shall be covered under the employees disability insurance 8 program, except board members and members of commissions who 9 are not full-time state employees, and state employees who on 10 July 1, 1974, are under another disability program financed in 11 whole or in part by the state , and state employees who have 12 agreed to participation in another disability program through a 13 collective bargaining agreement . For purposes of this section , 14 members of the general assembly serving on or after January 1, 15 1989, are eligible for the plan during their tenure in office, 16 on the basis of enrollment rules established for full-time 17 state employees excluded from collective bargaining as provided 18 in chapter 20 . 19 Sec. 28. Section 70A.23, subsections 2, 3, and 4, Code 2011, 20 are amended to read as follows: 21 2. An eligible state employee , excluding an employee 22 covered under a collective bargaining agreement which provides 23 otherwise, who retires and has applied for retirement benefits 24 under an eligible retirement system, or who dies while in 25 active employment, shall be credited with the number of accrued 26 days of sick leave of the employee. The employee, or the 27 employee’s estate, shall receive a cash payment of the monetary 28 value of the employee’s accrued sick leave balance, not to 29 exceed two thousand dollars. The value of the employee’s 30 accrued sick leave balance shall be calculated by multiplying 31 the number of hours of accrued sick leave by the employee’s 32 regular hourly rate of pay at the time of retirement. 33 3. a. An eligible state employee, excluding an employee 34 covered under a collective bargaining agreement which provides 35 -12- LSB 5866XS (9) 84 je/rj 12/ 44
S.F. 2187 otherwise or an employee of the state board of regents, who 1 retires and receives a payment as provided in subsection 2 2 shall be entitled to elect to have the employee’s available 3 remaining value of sick leave used to pay the state share for 4 the employee’s continuation of state group health insurance 5 coverage pursuant to the requirements of this subsection . 6 b. An eligible state employee’s available remaining value of 7 sick leave shall be calculated as follows: 8 (1) If the employee’s accrued sick leave balance prior to 9 payment as provided in subsection 2 is seven hundred fifty 10 hours or less, sixty percent of the value of the remaining 11 accrued sick leave balance. 12 (2) If the employee’s accrued sick leave balance prior 13 to payment as provided in subsection 2 is one thousand five 14 hundred hours or less but more than seven hundred fifty hours, 15 eighty percent of the value of the remaining accrued sick leave 16 balance. 17 (3) If the employee’s accrued sick leave balance prior to 18 payment as provided in subsection 2 is more than one thousand 19 five hundred hours, one hundred percent of the value of the 20 remaining accrued sick leave balance. 21 c. An eligible state employee’s available remaining value 22 of sick leave shall be available to pay for that portion of 23 the employee’s state group health insurance premium that would 24 otherwise be paid for by the state if the employee were still a 25 state employee. The benefits provided for in this subsection 26 have no cash value and are not transferable to any other 27 person, including the retiree’s spouse. Payment of state group 28 health insurance premiums pursuant to this subsection continues 29 until the earliest of when the eligible state employee’s 30 available remaining value of sick leave is exhausted, the 31 employee otherwise becomes eligible for federal Medicare 32 program benefits, or the employee dies. In addition, an 33 employee electing benefits pursuant to this subsection who is 34 reinstated or reemployed in a permanent full-time or permanent 35 -13- LSB 5866XS (9) 84 je/rj 13/ 44
S.F. 2187 part-time position within state government forfeits any 1 remaining benefits for payment of state group health insurance 2 benefits, and such employee is not eligible for restoration 3 of the unused sick leave accrued during the employee’s prior 4 employment with the state. 5 4. Notwithstanding any provision of this section to the 6 contrary, peace officers employed within the department of 7 public safety and the department of natural resources that 8 are not covered under a collective bargaining agreement shall 9 have a sick leave conversion program extended to them that is 10 equivalent to the sick leave conversion program negotiated 11 under chapter 20 between the state and the state police 12 officers council labor union for peace officers as determined 13 by the commissioner of public safety and the director of the 14 department of natural resources for their respective employees . 15 In addition, an employee of the department of public safety or 16 the department of natural resources who has earned benefits of 17 payment of premiums under a collective bargaining agreement and 18 who becomes a manager or supervisor and is no longer covered 19 by the agreement shall not lose the benefits of payment of 20 premiums earned while covered by the agreement. The payment 21 shall be calculated by multiplying the number of hours of 22 accumulated, unused sick leave by the employee’s hourly rate of 23 pay at the time of retirement. 24 Sec. 29. Section 70A.28, subsection 6, Code 2011, is amended 25 to read as follows: 26 6. Subsection 2 may also be enforced by an employee through 27 an administrative action pursuant to the requirements of this 28 subsection if the employee is not a merit system employee or 29 an employee covered by a collective bargaining agreement . An 30 employee eligible to pursue an administrative action pursuant 31 to this subsection who is discharged, suspended, demoted, 32 or otherwise receives a reduction in pay and who believes 33 the adverse employment action was taken as a result of the 34 employee’s disclosure of information that was authorized 35 -14- LSB 5866XS (9) 84 je/rj 14/ 44
S.F. 2187 pursuant to subsection 2 , may file an appeal of the adverse 1 employment action with the public employment relations 2 board within thirty calendar days following the later of the 3 effective date of the action or the date a finding is issued 4 to the employee by the office of the citizens’ aide pursuant 5 to section 2C.11A . The findings issued by the citizens’ aide 6 may be introduced as evidence before the public employment 7 relations board. The employee has the right to a hearing 8 closed to the public, but may request a public hearing. The 9 hearing shall otherwise be conducted in accordance with the 10 rules of the public employment relations board and the Iowa 11 administrative procedure Act, chapter 17A . If the public 12 employment relations board finds that the action taken in 13 regard to the employee was in violation of subsection 2 , the 14 employee may be reinstated without loss of pay or benefits 15 for the elapsed period, or the public employment relations 16 board may provide other appropriate remedies. Decisions by 17 the public employment relations board constitute final agency 18 action. 19 Sec. 30. Section 70A.30, unnumbered paragraph 2, Code 2011, 20 is amended to read as follows: 21 The phased retirement incentive program is a retirement 22 system for purposes of section 20.9 , but is not retirement 23 for purposes of chapter 97A , 97B , or 602 or for the 24 employees who are members of the teachers insurance annuity 25 association-college retirement equities fund (TIAA-CREF). 26 Sec. 31. Section 70A.39, subsection 2, unnumbered paragraph 27 1, Code 2011, is amended to read as follows: 28 Beginning July 1, 2003, state State employees , excluding 29 employees covered under a collective bargaining agreement which 30 provides otherwise, shall be granted leaves of absence in 31 accordance with the following: 32 Sec. 32. Section 76.16A, unnumbered paragraph 1, Code 2011, 33 is amended to read as follows: 34 A city, county, or other political subdivision may become a 35 -15- LSB 5866XS (9) 84 je/rj 15/ 44
S.F. 2187 debtor under chapter nine of the federal bankruptcy code, 11 1 U.S.C. § 901 et seq., if it is rendered insolvent, as defined 2 in 11 U.S.C. § 101(32)(c), as a result of a debt involuntarily 3 incurred. As used herein, “debt” means an obligation to pay 4 money, other than pursuant to a valid and binding collective 5 bargaining agreement or previously authorized bond issue, as 6 to which the governing body of the city, county, or other 7 political subdivision has made a specific finding set forth in 8 a duly adopted resolution of each of the following: 9 Sec. 33. Section 80.8, subsection 3, paragraphs a, c, d, and 10 e, Code 2011, are amended to read as follows: 11 a. The salaries of peace officers and employees of the 12 department and the expenses of the department shall be provided 13 for by a legislative appropriation. The compensation of peace 14 officers of the department shall be fixed according to grades 15 as to rank and length of service by the commissioner with the 16 approval of the department of administrative services , unless 17 covered by a collective bargaining agreement that provides 18 otherwise . 19 c. While on active duty, each peace officer shall also 20 receive a flat daily sum as fixed by the commissioner for 21 meals unless the amount of the flat daily sum is covered by a 22 collective bargaining agreement that provides otherwise . 23 d. A collective bargaining agreement entered into between 24 the state and a state employee organization under chapter 25 20 made final after July 1, 1977, shall not include any pay 26 adjustment to longevity pay authorized under this section . 27 e. d. Peace officers of the department excluded from the 28 provisions of chapter 20 who are injured in the line of duty 29 shall receive paid time off in the same manner as provided 30 to peace officers of the department covered by a collective 31 bargaining agreement entered into between the state and the 32 employee organization representing such covered peace officers 33 under chapter 20 as fixed by the commissioner . 34 Sec. 34. Section 80.15, Code 2011, is amended to read as 35 -16- LSB 5866XS (9) 84 je/rj 16/ 44
S.F. 2187 follows: 1 80.15 Examination —— oath —— probation —— discipline —— 2 dismissal. 3 An applicant to be a peace officer in the department shall 4 not be appointed as a peace officer until the applicant has 5 passed a satisfactory physical and mental examination. In 6 addition, the applicant must be a citizen of the United States 7 and be not less than twenty-two years of age. However, an 8 applicant applying for assignment to provide protection and 9 security for persons and property on the grounds of the state 10 capitol complex or a peace officer candidate shall not be 11 less than eighteen years of age. The mental examination 12 shall be conducted under the direction or supervision of 13 the commissioner and may be oral or written or both. An 14 applicant shall take an oath on becoming a peace officer 15 of the department, to uphold the laws and Constitution of 16 the United States and Constitution of the State of Iowa. 17 During the period of twelve months after appointment, a peace 18 officer of the department is subject to dismissal at the 19 will of the commissioner. After the twelve months’ service, 20 a peace officer of the department, who was appointed after 21 having passed the examinations, is not subject to dismissal, 22 suspension, disciplinary demotion, or other disciplinary action 23 resulting in the loss of pay unless charges have been filed 24 with the department of inspections and appeals and a hearing 25 held by the employment appeal board created by section 10A.601 , 26 if requested by the peace officer, at which the peace officer 27 has an opportunity to present a defense to the charges. The 28 decision of the appeal board is final, subject to the right 29 of judicial review in accordance with the terms of the Iowa 30 administrative procedure Act, chapter 17A . However, these 31 procedures as to dismissal, suspension, demotion, or other 32 discipline do not apply to a peace officer who is covered by 33 a collective bargaining agreement which provides otherwise, 34 and do not apply to the demotion of a division head to the 35 -17- LSB 5866XS (9) 84 je/rj 17/ 44
S.F. 2187 rank which the division head held at the time of appointment 1 as division head, if any. A division head who is demoted has 2 the right to return to the rank which the division head held at 3 the time of appointment as division head, if any. All rules , 4 except employment provisions negotiated pursuant to chapter 5 20 , regarding the enlistment, appointment, and employment 6 affecting the personnel of the department shall be established 7 by the commissioner in consultation with the director of the 8 department of administrative services, subject to approval by 9 the governor. 10 Sec. 35. Section 80.18, unnumbered paragraph 2, Code 2011, 11 is amended to read as follows: 12 The department may expend moneys from the support allocation 13 of the department as reimbursement for replacement or repair of 14 personal items of the department’s peace officers or employees 15 damaged or destroyed during a peace officer’s or employee’s 16 course of employment. However, the reimbursement shall not 17 exceed the greater of one hundred fifty dollars or the amount 18 agreed to under the collective bargaining agreement for each 19 item . The department shall adopt rules in accordance with 20 chapter 17A to administer this paragraph. 21 Sec. 36. Section 80.42, subsection 1, Code 2011, is amended 22 to read as follows: 23 1. A sick leave benefits fund is established in the office 24 of the treasurer of state under the control of the department 25 of public safety. The moneys annually credited to the fund are 26 appropriated to the department to pay health and life insurance 27 monthly premium costs for retired departmental employees and 28 beneficiaries who are eligible to receive benefits for accrued 29 sick leave under the collective bargaining agreement with the 30 state police officers council or pursuant to section 70A.23 . 31 Sec. 37. Section 80F.1, subsections 5, 11, 17, and 19, Code 32 2011, are amended to read as follows: 33 5. An officer who is the subject of a complaint, shall at a 34 minimum, be provided a written summary of the complaint prior 35 -18- LSB 5866XS (9) 84 je/rj 18/ 44
S.F. 2187 to an interview. If a collective bargaining agreement applies, 1 the complaint or written summary shall be provided pursuant 2 to the procedures established under the collective bargaining 3 agreement. If the complaint alleges domestic abuse, sexual 4 abuse, or sexual harassment, an officer shall not receive more 5 than a written summary of the complaint. 6 11. If an interview is conducted while an officer is off 7 duty, the officer shall be compensated as provided by law , or 8 as provided in the applicable collective bargaining agreement . 9 17. The rights enumerated in this section are in addition to 10 any other rights granted pursuant to a collective bargaining 11 agreement or other applicable law. 12 19. If a formal administrative investigation results 13 in removal, discharge, suspension, or disciplinary action 14 against an officer, and the officer alleges in writing a 15 violation of the provisions of this section , the municipality, 16 county, or state agency employing the officer shall hold in 17 abeyance for a period of ten days any punitive action taken 18 as a result of the investigation, including a reprimand. An 19 allegation of a violation of this section may be raised and 20 given due consideration in any properly authorized grievance 21 or appeal exercised by an officer, including but not limited 22 to a grievance or appeal exercised pursuant to the terms of an 23 applicable collective bargaining agreement and an appeal right 24 exercised under section 341A.12 or 400.20 . 25 Sec. 38. Section 84C.2, subsection 8, Code 2011, is amended 26 to read as follows: 27 8. “Part-time employee” means an employee who is employed 28 for an average of fewer than twenty hours per week or an 29 employee, including a full-time employee, who has been employed 30 for fewer than six of the twelve months preceding the date on 31 which notice is required. However, if an applicable collective 32 bargaining agreement defines a part-time employee, such 33 definition shall supersede the definition in this subsection. 34 Sec. 39. Section 84C.3, subsection 1, paragraph a, Code 35 -19- LSB 5866XS (9) 84 je/rj 19/ 44
S.F. 2187 2011, is amended to read as follows: 1 a. An employer who plans a business closing or a mass layoff 2 shall not order such action until the end of a thirty-day 3 period which begins after the employer serves written notice of 4 such action to the affected employees or their representatives 5 and to the department. However, if an applicable collective 6 bargaining agreement designates a different notice period, the 7 notice period in the collective bargaining agreement shall 8 govern. The employer shall provide notice to the department if 9 the worker is covered by a collective bargaining agreement. 10 Sec. 40. Section 99D.6, Code 2011, is amended to read as 11 follows: 12 99D.6 Chairperson —— administrator —— employees —— duties —— 13 bond. 14 The commission shall elect in July of each year one of its 15 members as chairperson for the succeeding year. The commission 16 shall appoint an administrator of the commission subject to 17 confirmation by the senate. The administrator shall serve 18 a four-year term. The term shall begin and end in the same 19 manner as set forth in section 69.19 . A vacancy shall be 20 filled for the unexpired portion of the term in the same manner 21 as a full-term appointment is made. The administrator may 22 hire other assistants and employees as necessary to carry 23 out the commission’s duties. Employees in the positions of 24 equine veterinarian, canine veterinarian, and equine steward 25 shall be exempt from the merit system provisions of chapter 26 8A, subchapter IV , and shall not be covered by a collective 27 bargaining agreement . Some or all of the information required 28 of applicants in section 99D.8A , subsections 1 and 2 , may also 29 be required of employees of the commission if the commission 30 deems it necessary. The administrator shall keep a record 31 of the proceedings of the commission and preserve the books, 32 records, and documents entrusted to the administrator’s care. 33 The administrator shall be covered by the blanket surety bond 34 of the state purchased pursuant to section 8A.321, subsection 35 -20- LSB 5866XS (9) 84 je/rj 20/ 44
S.F. 2187 12 . The compensation and employment terms of the administrator 1 shall be set by the governor, taking into consideration the 2 level of knowledge and experience of the administrator. The 3 commission shall have its headquarters in the city of Des 4 Moines and shall meet in July of each year and at other times 5 and places as it finds necessary for the discharge of its 6 duties. 7 Sec. 41. Section 99G.10, subsection 2, Code 2011, is amended 8 to read as follows: 9 2. Subject to the approval of the board, the chief executive 10 officer shall have the sole power to designate particular 11 employees as key personnel, but may take advice from the 12 department of administrative services in making any such 13 designations. All key personnel shall be exempt from the 14 merit system described in chapter 8A, subchapter IV . The 15 chief executive officer and the board shall have the sole 16 power to employ, classify, and fix the compensation of key 17 personnel. All other employees shall be employed, classified, 18 and compensated in accordance with chapter 8A, subchapter IV , 19 and chapter 20 . 20 Sec. 42. Section 135C.35, subsection 3, Code 2011, is 21 amended by striking the subsection. 22 Sec. 43. Section 185.34, subsection 2, paragraph a, Code 23 2011, is amended to read as follows: 24 a. Except as provided in paragraph “b” , the board is not 25 a state agency or a governmental entity as defined in section 26 8A.101 , public employer as defined in section 20.3 , or an 27 authority or instrumentality of the state. 28 Sec. 44. Section 235A.15, subsection 5, Code Supplement 29 2011, is amended to read as follows: 30 5. Access to disposition data subject to placement in the 31 central registry pursuant to section 232.71D is authorized to 32 the department of administrative services or to the personnel 33 office of a public employer, as defined in section 20.3 , 34 as necessary for presentation in grievance or arbitration 35 -21- LSB 5866XS (9) 84 je/rj 21/ 44
S.F. 2187 procedures provided for in sections section 8A.415 and 20.18 . 1 Disposition data introduced into a grievance or arbitration 2 proceeding shall not be considered a part of the public record 3 of a case. 4 Sec. 45. Section 235E.2, subsection 13, paragraph a, 5 subparagraph (1), Code 2011, is amended to read as follows: 6 (1) The alleged dependent adult abuser is part of a 7 bargaining unit that is party to a collective bargaining 8 agreement under chapter 20 or any other applicable state or 9 federal law. 10 Sec. 46. Section 252B.27, subsection 2, paragraph b, Code 11 2011, is amended to read as follows: 12 b. Employees in full-time positions that transition 13 from county government to state government employment under 14 this subsection are exempt from testing, selection, and 15 appointment provisions of chapter 8A, subchapter IV , and from 16 the provisions of collective bargaining agreements relating to 17 the filling of vacant positions . 18 Sec. 47. Section 256.9, subsection 61, paragraph b, Code 19 Supplement 2011, is amended by striking the paragraph. 20 Sec. 48. Section 256.20, unnumbered paragraph 3, Code 2011, 21 is amended by striking the unnumbered paragraph. 22 Sec. 49. Section 256.21, subsection 2, paragraph a, Code 23 2011, is amended to read as follows: 24 a. A sabbatical grant to a teacher shall be equal to the 25 annual salary specified in a teacher’s contract pursuant to the 26 salary schedule adopted by the board of directors or negotiated 27 under chapter 20 plus the cost to the district of the fringe 28 benefits of the teacher. The grant shall be paid to the school 29 district, and the district shall continue to pay the teacher’s 30 regular compensation as well as the cost to the district 31 of the substitute teacher. Teachers and boards of school 32 districts are encouraged to seek funding from other sources to 33 pay the costs of sabbaticals for teachers. Grant moneys are 34 miscellaneous income for purposes of chapter 257 . 35 -22- LSB 5866XS (9) 84 je/rj 22/ 44
S.F. 2187 Sec. 50. Section 256F.4, subsection 2, paragraph h, Code 1 2011, is amended to read as follows: 2 h. Be subject to and comply with chapters 20 and chapter 3 279 relating to contracts with and discharge of teachers and 4 administrators. 5 Sec. 51. Section 260C.18D, subsection 4, Code 2011, is 6 amended to read as follows: 7 4. Eligible instructors. Moneys distributed to a community 8 college under this section shall be allocated to all full-time, 9 nonadministrative instructors and part-time instructors covered 10 by a collective bargaining agreement . The moneys shall be 11 allocated by negotiated agreements according to chapter 20 . If 12 no language exists, the The moneys shall be allocated equally 13 to all full-time, nonadministrative instructors with part-time 14 instructors covered by a collective bargaining agreement 15 receiving a prorated share of the fund. 16 Sec. 52. Section 260C.39, subsection 3, Code 2011, is 17 amended to read as follows: 18 3. The terms of employment of personnel, for the academic 19 year following the effective date of the agreement to combine 20 the merged areas shall not be affected by the combination of 21 the merged areas, except in accordance with the procedures 22 under sections 279.15 to 279.18 and section 279.24 , to 23 the extent those procedures are applicable, or under the 24 terms of the base bargaining agreement. The authority and 25 responsibility to offer new contracts or to continue, modify, 26 or terminate existing contracts pursuant to any applicable 27 procedures under chapter 279 , shall be transferred to the 28 acting, and then to the new, board of the combined merged area 29 upon certification of a favorable vote to each of the merged 30 areas affected by the agreement. The collective bargaining 31 agreement of the merged area receiving the greatest amount of 32 general state aid shall serve as the base agreement for the 33 combined merged area and the employees of the merged areas 34 which combined to form the new combined merged area shall 35 -23- LSB 5866XS (9) 84 je/rj 23/ 44
S.F. 2187 automatically be accreted to the bargaining unit from that 1 former merged area for purposes of negotiating the contracts 2 for the following years without further action by the public 3 employment relations board. If only one collective bargaining 4 agreement is in effect among the merged areas which are 5 combining under this section , then that agreement shall serve 6 as the base agreement, and the employees of the merged areas 7 which are combining to form the new combined merged area shall 8 automatically be accreted to the bargaining unit of that former 9 merged area for purposes of negotiating the contracts for the 10 following years without further action by the public employment 11 relations board. The board of the combined merged area, using 12 the base agreement as its existing contract, shall bargain with 13 the combined employees of the merged areas that have agreed 14 to combine for the academic year beginning with the effective 15 date of the agreement to combine merged areas. The bargaining 16 shall be completed by March 15 prior to the academic year in 17 which the agreement to combine merged areas becomes effective 18 or within one hundred eighty days after the organization of 19 the acting board of the new combined merged area, whichever 20 is later. If a bargaining agreement was already concluded in 21 the former merged area which has the collective bargaining 22 agreement that is serving as the base agreement for the new 23 combined merged area, between the former merged area board 24 and the employees of the former merged area, that agreement 25 is void, unless the agreement contained multiyear provisions 26 affecting academic years subsequent to the effective date of 27 the agreement to form a combined merged area. If the base 28 collective bargaining agreement contains multiyear provisions, 29 the duration and effect of the agreement shall be controlled 30 by the terms of the agreement. The provisions of the base 31 agreement shall apply to the offering of new contracts, or 32 the continuation, modification, or termination of existing 33 contracts between the acting or new board of the combined 34 merged area and the combined employees of the new combined 35 -24- LSB 5866XS (9) 84 je/rj 24/ 44
S.F. 2187 merged area. 1 Sec. 53. Section 262.9, subsection 16, Code Supplement 2 2011, is amended by striking the subsection. 3 Sec. 54. Section 262.9C, subsection 3, Code 2011, is amended 4 to read as follows: 5 3. For the purposes of this section , “supervisory employee” 6 means a public employee who is not a member of a collective 7 bargaining unit and who has authority, in the interest of a 8 public employer, to hire, transfer, suspend, lay off, recall, 9 promote, discharge, assign, reward, or discipline other public 10 employees, to direct such public employees, or to adjust 11 the grievances of such public employees, or to effectively 12 recommend any such action. 13 Sec. 55. Section 273.22, subsection 2, Code 2011, is amended 14 by striking the subsection. 15 Sec. 56. Section 275.33, subsection 2, Code 2011, is amended 16 by striking the subsection. 17 Sec. 57. Section 279.10, subsection 3, paragraph c, Code 18 2011, is amended by striking the paragraph. 19 Sec. 58. Section 279.13, subsection 3, Code 2011, is amended 20 by striking the subsection. 21 Sec. 59. Section 279.14, Code 2011, is amended to read as 22 follows: 23 279.14 Evaluation criteria and procedures. 24 1. The board shall establish evaluation criteria and shall 25 implement evaluation procedures. If an exclusive bargaining 26 representative has been certified, the board shall negotiate 27 in good faith with respect to evaluation procedures pursuant 28 to chapter 20 . 29 2. The determination of standards of performance expected 30 of school district personnel shall be reserved as an exclusive 31 management right of the school board and shall not be subject 32 to mandatory negotiations under chapter 20 . Notwithstanding 33 chapter 20 , objections to the procedures, use, or content of 34 an evaluation in a teacher termination proceeding brought 35 -25- LSB 5866XS (9) 84 je/rj 25/ 44
S.F. 2187 before the school board in a hearing held in accordance with 1 section 279.16 or 279.27 shall not be subject to the grievance 2 procedures negotiated in accordance with chapter 20 . A school 3 district shall not be obligated to process any evaluation 4 grievance after service of a notice and recommendation to 5 terminate an individual’s continuing teaching contract in 6 accordance with this chapter . 7 Sec. 60. Section 279.19, Code 2011, is amended to read as 8 follows: 9 279.19 Probationary period. 10 The first three consecutive years of employment of a 11 teacher in the same school district are a probationary 12 period. However, if the teacher has successfully completed a 13 probationary period of employment for another school district 14 located in Iowa, the probationary period in the current 15 district of employment shall not exceed one year. A board of 16 directors may waive the probationary period for any teacher who 17 previously has served a probationary period in another school 18 district and the board may extend the probationary period for 19 an additional year with the consent of the teacher. 20 In the case of the termination of a probationary teacher’s 21 contract, the provisions of sections 279.15 and 279.16 22 shall apply. However, if the probationary teacher is a 23 beginning teacher who fails to demonstrate competence in the 24 Iowa teaching standards in accordance with chapter 284 , the 25 provisions of sections 279.17 and 279.18 shall also apply. 26 The board’s decision shall be final and binding unless 27 the termination was based upon an alleged violation of a 28 constitutionally guaranteed right of the teacher or an alleged 29 violation of public employee rights of the teacher under 30 section 20.10 . 31 Notwithstanding any provision to the contrary, the grievance 32 procedures of section 20.18 relating to job performance or job 33 retention shall not apply to a teacher during the first two 34 years of the teacher’s probationary period. However, this 35 -26- LSB 5866XS (9) 84 je/rj 26/ 44
S.F. 2187 paragraph shall not apply to a teacher who has successfully 1 completed a probationary period in a school district in Iowa. 2 Sec. 61. Section 279.19A, subsection 6, Code 2011, is 3 amended by striking the subsection. 4 Sec. 62. Section 279.23, subsection 4, Code 2011, is amended 5 to read as follows: 6 4. For purposes of this section and sections 279.23A , 7 279.24 , and 279.25 , the term “administrator” includes school 8 superintendents, assistant superintendents, educational 9 directors employed by school districts for grades kindergarten 10 through twelve, educational directors employed by area 11 education agencies under chapter 273 , principals, assistant 12 principals, other certified school supervisors employed 13 by school districts for grades kindergarten through twelve 14 as defined under section 20.4 , and other certified school 15 supervisors employed by area education agencies under chapter 16 273 . For purposes of this section and sections 279.23A , 17 279.24 , and 279.25 , with regard to community college employees, 18 “administrator” includes the administrator of an instructional 19 division or an area of instructional responsibility, and the 20 administrator of an instructional unit, department, or section. 21 Sec. 63. Section 280.15, subsection 2, paragraph a, Code 22 2011, is amended to read as follows: 23 a. When a special education personnel pooling agreement, 24 which has been entered into between an area education agency 25 and a public school district pursuant to section 273.5 , 26 is terminated, the public school district shall assume 27 the contractual obligations for any teachers assigned to 28 the district under the agreement. Teachers, for whom the 29 contractual obligations are assumed by a district, shall be 30 given credit for completion of any probationary status under 31 section 279.19 , be placed on the salary schedule and retain all 32 leaves, benefits, and seniority rights accumulated as if the 33 teacher had been originally contractually employed under the 34 agreement which exists between by the public school district 35 -27- LSB 5866XS (9) 84 je/rj 27/ 44
S.F. 2187 and the district’s collective bargaining unit , consistent with 1 the teacher’s education and experience. 2 Sec. 64. Section 284.3, subsection 2, paragraphs a and b, 3 Code 2011, are amended to read as follows: 4 a. For purposes of comprehensive evaluations for beginning 5 teachers required to allow beginning teachers to progress to 6 career teachers, standards and criteria that are the Iowa 7 teaching standards specified in subsection 1 and the criteria 8 for the Iowa teaching standards developed by the department in 9 accordance with section 256.9, subsection 46 . These standards 10 and criteria shall be set forth in an instrument provided by 11 the department. The comprehensive evaluation and instrument 12 are not subject to negotiations or grievance procedures 13 pursuant to chapter 20 or determinations made by the board of 14 directors under section 279.14 . A local school board and its 15 certified bargaining representative may negotiate, pursuant to 16 chapter 20 , evaluation and grievance procedures for beginning 17 teachers that are not in conflict with this chapter . If, in 18 accordance with section 279.19 , a beginning teacher appeals the 19 determination of a school board to an adjudicator under section 20 279.17 , the adjudicator selected shall have successfully 21 completed training related to the Iowa teacher standards, the 22 criteria adopted by the state board of education in accordance 23 with subsection 3 , and any additional training required under 24 rules adopted by the public employment relations board in 25 cooperation with the state board of education. 26 b. For purposes of performance reviews for teachers other 27 than beginning teachers, evaluations that contain, at a 28 minimum, the Iowa teaching standards specified in subsection 29 1 , as well as the criteria for the Iowa teaching standards 30 developed by the department in accordance with section 31 256.9, subsection 46 . A local school board and its certified 32 bargaining representative may negotiate, pursuant to chapter 33 20 , additional teaching standards and criteria. A local 34 school board and its certified bargaining representative shall 35 -28- LSB 5866XS (9) 84 je/rj 28/ 44
S.F. 2187 negotiate, pursuant to chapter 20 , evaluation and grievance 1 procedures for teachers other than beginning teachers that are 2 not in conflict with this chapter . 3 Sec. 65. Section 284.3A, subsections 1 and 2, Code 2011, are 4 amended to read as follows: 5 1. a. For the school year beginning July 1, 2009, if the 6 licensed employees of a school district or area education 7 agency receiving funds pursuant to sections 257.10 and 257.37A 8 are organized under chapter 20 for collective bargaining 9 purposes, the school board and the certified bargaining 10 representative for the licensed employees shall negotiate the 11 distribution of the funds among the teachers employed by the 12 school district or area education agency according to chapter 13 20 . 14 b. If the licensed employees of a school district or area 15 education agency are not organized for collective bargaining 16 purposes, the board of directors shall determine the method of 17 distribution of such funds. 18 c. For the school years beginning July 1, 2008, and 19 July 1, 2009, a school district or area education agency 20 receiving funds pursuant to sections 257.10 and 257.37A , shall 21 determine the amount to be paid to teachers in accordance with 22 this subsection and the amount determined to be paid to an 23 individual teacher shall be divided evenly by the appropriate 24 number of pay periods and paid in each pay period of the fiscal 25 year beginning with the October payroll. 26 2. a. For the school budget year beginning July 1, 2010, 27 and each succeeding school year, school districts and area 28 education agencies shall combine payments made to teachers 29 under sections 257.10 and 257.37A with regular wages to 30 create a combined salary. The teacher contract issued under 31 section 279.13 must include the combined salary. If a school 32 district or area education agency uses a salary schedule, a 33 combined salary schedule shall be used for regular wages and 34 for distribution of payments under sections 257.10 and 257.37A , 35 -29- LSB 5866XS (9) 84 je/rj 29/ 44
S.F. 2187 incorporating the salary minimums required in section 284.7 . 1 The combined salary schedule must use only the combined salary 2 and cannot differentiate regular salaries and distribution of 3 payments under sections 257.10 and 257.37A . 4 b. If the licensed employees of a school district or area 5 education agency are organized under chapter 20 for collective 6 bargaining purposes, the creation of the new combined salary 7 shall be subject to the scope of negotiations specified in 8 section 20.9 . A reduction in the teacher salary supplement per 9 pupil amount shall also be subject to the scope of negotiations 10 specified in section 20.9 . 11 c. b. If the licensed employees of a school district 12 or area education agency are not organized for collective 13 bargaining purposes, the The board of directors shall create 14 the new combined salary. The board of directors shall 15 determine adjustments in salaries resulting from a reduction in 16 the teacher salary supplement per pupil amount. 17 Sec. 66. Section 284.4, subsection 1, paragraph c, 18 subparagraphs (1) and (5), Code 2011, are amended to read as 19 follows: 20 (1) Monitor the implementation of the requirements of 21 statutes and administrative code provisions relating to this 22 chapter , including requirements that affect any agreement 23 negotiated pursuant to chapter 20 . 24 (5) Ensure the agreement negotiated pursuant to chapter 20 25 determines the compensation for teachers on the committee for 26 work responsibilities required beyond the normal work day. 27 Sec. 67. Section 284.8, subsection 2, Code 2011, is amended 28 to read as follows: 29 2. If a supervisor or an evaluator determines, at any time, 30 as a result of a teacher’s performance that the teacher is not 31 meeting district expectations under the Iowa teaching standards 32 specified in section 284.3, subsection 1 , paragraphs “a” 33 through “h” , and the criteria for the Iowa teaching standards 34 developed by the department in accordance with section 256.9, 35 -30- LSB 5866XS (9) 84 je/rj 30/ 44
S.F. 2187 subsection 46 , and any other standards or criteria established 1 in the collective bargaining agreement, the evaluator shall, 2 at the direction of the teacher’s supervisor, recommend to 3 the district that the teacher participate in an intensive 4 assistance program. The intensive assistance program and 5 its implementation are subject to negotiation and grievance 6 procedures established pursuant to chapter 20 . All school 7 districts shall be prepared to offer an intensive assistance 8 program. 9 Sec. 68. Section 314.1A, subsection 3, Code 2011, is amended 10 to read as follows: 11 3. The rules shall include definitions concerning types 12 of projects and uniform requirements and definitions that 13 cities and counties under subsection 1 and governmental 14 entities under subsection 2 shall use in determining costs 15 for such projects. The department shall establish horizontal 16 and vertical infrastructure advisory committees composed of 17 representatives of public sector agencies , and private sector 18 vertical and horizontal contractor organizations , and certified 19 public employee collective bargaining organizations to make 20 recommendations for such rules. 21 Sec. 69. Section 331.324, subsection 1, paragraph a, Code 22 2011, is amended by striking the paragraph. 23 Sec. 70. Section 400.8A, Code 2011, is amended to read as 24 follows: 25 400.8A Guidelines for ongoing fitness for police officers and 26 fire fighters. 27 The board of trustees of the fire and police retirement 28 system established by section 411.5 , in consultation with the 29 medical board established in section 411.5 , shall establish 30 and maintain protocols and guidelines for ongoing wellness 31 and fitness for police officers and fire fighters while in 32 service. The board of trustees may change the protocols and 33 guidelines at any time the board so determines. The protocols 34 and guidelines shall be established by the board of trustees 35 -31- LSB 5866XS (9) 84 je/rj 31/ 44
S.F. 2187 for the consideration of cities covered by this chapter and may 1 be applied by a city for the purpose of determining continued 2 wellness and fitness for members of the city’s police and fire 3 departments. However, the protocols and guidelines shall not 4 be applied to members of a police or fire department of a city 5 who are covered by chapter 20 except through the collective 6 bargaining process as provided under chapter 20 . The medical 7 board established in section 411.5 shall provide to cities and 8 fire and police departments assistance regarding the possible 9 implementation and operation of the protocols and guidelines 10 for ongoing wellness and fitness provided by this section . 11 For purposes of this section , “wellness and fitness” means the 12 process by which police officers and fire fighters maintain 13 fitness for duty. 14 Sec. 71. Section 400.18, subsection 3, Code 2011, is amended 15 to read as follows: 16 3. A person subject to a hearing has the right to be 17 represented by counsel at the person’s expense or by the 18 person’s authorized collective bargaining representative . 19 Sec. 72. Section 400.26, Code 2011, is amended to read as 20 follows: 21 400.26 Public trial. 22 The trial of all appeals shall be public, and the parties 23 may be represented by counsel or by the parties’ authorized 24 collective bargaining representative . 25 Sec. 73. Section 411.39, subsection 4, Code 2011, is amended 26 to read as follows: 27 4. Participating employees shall be exempted from 28 preexisting medical condition waiting periods. Participating 29 employees may change programs or coverage under the state 30 health or medical service group insurance plan subject to the 31 enrollment rules established for full-time state employees 32 excluded from collective bargaining as provided in chapter 33 20 . A participating employee or the participating employee’s 34 surviving spouse shall have the same rights upon final 35 -32- LSB 5866XS (9) 84 je/rj 32/ 44
S.F. 2187 termination of employment or death as are afforded full-time 1 state employees and the employees’ surviving spouses excluded 2 from collective bargaining as provided in chapter 20 . 3 Sec. 74. Section 412.2, subsection 1, Code 2011, is amended 4 to read as follows: 5 1. From the proceeds of the assessments on the wages 6 and salaries of employees, of any such waterworks system, 7 or other municipally owned and operated public utility, 8 eligible to receive the benefits thereof. Notwithstanding 9 any provisions of section 20.9 to the contrary, a council, 10 board of waterworks, or other board or commission which 11 establishes a pension and annuity retirement system pursuant to 12 this chapter , shall negotiate in good faith with a certified 13 employee organization as defined in section 20.3 , which is the 14 collective bargaining representative of the employees, with 15 respect to the amount or rate of the assessment on the wages 16 and salaries of employees and the method or methods for payment 17 of the assessment by the employees. 18 Sec. 75. Section 602.1401, subsections 3 and 6, Code 2011, 19 are amended by striking the subsections. 20 Sec. 76. Section 905.4, subsection 2, Code 2011, is amended 21 to read as follows: 22 2. Employ a director having the qualifications required by 23 section 905.6 to head the district department’s community-based 24 correctional program and, within a range established by the 25 Iowa department of corrections, fix the compensation of and 26 have control over the director and the district department’s 27 staff. For purposes of collective bargaining under chapter 28 20 , employees of the district board who are not exempt from 29 chapter 20 are employees of the state, and the employees of all 30 of the district boards shall be included within one collective 31 bargaining unit. 32 Sec. 77. 2011 Iowa Acts, chapter 118, section 19, subsection 33 1, is amended to read as follows: 34 1. All employees of the department of economic development 35 -33- LSB 5866XS (9) 84 je/rj 33/ 44
S.F. 2187 shall be considered employees of the economic development 1 authority upon the elimination of the former and creation of 2 the latter. If an employee of the department is an employee 3 covered under the collective bargaining provisions of chapter 4 20 , then that employee shall also be covered under chapter 20 5 upon employment with the authority. 6 Sec. 78. 2011 Iowa Acts, chapter 118, section 51, subsection 7 5, is amended by striking the subsection. 8 Sec. 79. 2011 Iowa Acts, chapter 129, section 115, 9 subsection 2, paragraph b, is amended by striking the 10 paragraph. 11 Sec. 80. 2011 Iowa Acts, chapter 130, section 69, subsection 12 2, is amended by striking the subsection. 13 Sec. 81. 2011 Iowa Acts, chapter 131, section 48, is amended 14 to read as follows: 15 SEC. 48. SALARY MODEL ADMINISTRATOR. The salary model 16 administrator shall work in conjunction with the legislative 17 services agency to maintain the state’s salary model used for 18 analyzing, comparing, and projecting state employee salary 19 and benefit information, including information relating to 20 employees of the state board of regents. The department of 21 revenue, the department of administrative services, the five 22 institutions under the jurisdiction of the state board of 23 regents, the judicial district departments of correctional 24 services, and the state department of transportation shall 25 provide salary data to the department of management and the 26 legislative services agency to operate the state’s salary 27 model. The format and frequency of provision of the salary 28 data shall be determined by the department of management and 29 the legislative services agency. The information shall be 30 used in collective bargaining processes under chapter 20 and 31 in calculating the funding needs contained within the annual 32 salary adjustment legislation. A state employee organization 33 as defined in section 20.3, subsection 4 , may request 34 information produced by the model, but the information provided 35 -34- LSB 5866XS (9) 84 je/rj 34/ 44
S.F. 2187 shall not contain information attributable to individual 1 employees. 2 Sec. 82. 2011 Iowa Acts, chapter 132, section 15, is amended 3 by striking the section and inserting in lieu thereof the 4 following: 5 SEC. 15. Section 261E.9, subsections 1 through 3, Code 2011, 6 are amended to read as follows: 7 1. a. A regional academy is a program established by 8 a school district to which multiple school districts send 9 students in grades nine seven through twelve , and which may 10 include internet-based coursework and courses delivered via the 11 Iowa communications network. A regional academy shall include 12 in its curriculum advanced level courses and may include in its 13 curriculum career and technical courses . A school district 14 establishing a regional academy may collaborate and partner 15 with, enter into an agreement pursuant to chapter 28E with, 16 or enter into a contract with, one or more school districts, 17 area education agencies, community colleges, accredited public 18 and private postsecondary institutions, accredited nonpublic 19 schools, businesses, and private agencies located within or 20 outside of the state. 21 b. The purpose of a regional academy established pursuant 22 to this section shall be to build a culture of innovation for 23 students and community, to diversify educational and economic 24 opportunities by engaging in learning experiences that involve 25 students in complex, real-world projects, and to develop 26 regional or global innovation networks. 27 c. If a school district establishing a regional academy in 28 accordance with this section submits a plan to the department 29 for approval that demonstrates how the regional academy will 30 increase and assess student achievement or increase and assess 31 competency-based learning opportunities for students, the 32 department may waive or modify any statutory or regulatory 33 provision applicable to school districts except the department 34 shall not waive or modify any statutory or regulatory provision 35 -35- LSB 5866XS (9) 84 je/rj 35/ 44
S.F. 2187 relating to requirements applicable to school districts 1 under chapters 11 , 21 , 22 , 216 , 216A , 256B , 279 , 284 , and 2 285 ; or relating to contracts with and discharge of teachers 3 and administrators under chapter 279 ; or relating to audit 4 requirements under section 256.9, subsection 20 , and section 5 279.29 . 6 2. a. A regional academy course shall not qualify as a 7 concurrent enrollment course include in its curriculum advanced 8 level courses . 9 b. A regional academy may include in its curriculum virtual 10 or internet-based coursework and courses delivered via the Iowa 11 communications network, career and technical courses, core 12 curriculum coursework, courses required pursuant to section 13 256.7, subsection 26 , or section 256.11, subsections 4 and 5 , 14 and asynchronous learning networks. 15 3. School districts participating in regional academies are 16 eligible for supplementary weighting as provided in section 17 257.11, subsection 2 . The school districts participating in 18 the regional academy shall enter into an agreement on how the 19 funding generated by the supplementary weighting received shall 20 be used and shall submit the agreement to the department for 21 approval . 22 Sec. 83. 2011 Iowa Acts, chapter 134, section 14, subsection 23 7, is amended to read as follows: 24 7. For deposit in the sick leave benefits fund established 25 under section 80.42 for all departmental employees eligible to 26 receive benefits for accrued sick leave under the collective 27 bargaining agreement : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 29 Sec. 84. REPEAL. Sections 12.9, 70A.17A, 70A.19, 70A.37, 30 100B.8, 273.12, and 602.11108, Code 2011, are repealed. 31 Sec. 85. REPEAL. Chapter 20, Code 2011, is repealed. 32 Sec. 86. REPEAL. 2011 Iowa Acts, chapter 131, section 47, 33 is repealed. 34 Sec. 87. RENEWAL OR MODIFICATION OF AGREEMENTS 35 -36- LSB 5866XS (9) 84 je/rj 36/ 44
S.F. 2187 PROHIBITED. On and after the effective date of this division 1 of this Act, the state of Iowa, its agencies, departments, 2 boards, commissions, and its political subdivisions are 3 prohibited from renewing or modifying any collective bargaining 4 agreement entered into pursuant to chapter 20 as codified prior 5 to the effective date of this division of this Act. 6 Sec. 88. REPORT ON CHANGES IN LAW. By December 3, 2012, 7 any agency, department, board, or commission of this state 8 or a political subdivision affected by this division of this 9 Act may submit a report to the general assembly recommending 10 any transition provisions and any changes to the Code, 11 administrative rules, or other law that may be necessary to 12 fully implement this division of this Act. 13 Sec. 89. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 Sec. 90. APPLICABILITY. This division of this Act does not 17 apply to those collective bargaining agreements entered into 18 before the effective date of this division of this Act. 19 DIVISION II 20 PUBLIC EMPLOYMENT RELATIONS BOARD TRANSITION 21 Sec. 91. NEW SECTION . 8B.1 Purposes. 22 The purposes of the public employment relations board 23 established by this chapter are to implement provisions of the 24 Code relating to the board. For these purposes the powers 25 and duties of the board include but are not limited to the 26 following: 27 1. Adjudicating and serving as arbitrators regarding state 28 merit system grievances. 29 2. Collecting and disseminating information concerning the 30 wages, hours, and other conditions of employment of public 31 employees. 32 3. Preparing legal briefs and presenting oral arguments in 33 the district court, the court of appeals, and the supreme court 34 in cases affecting the board. 35 -37- LSB 5866XS (9) 84 je/rj 37/ 44
S.F. 2187 Sec. 92. NEW SECTION . 8B.2 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Board” means the public employment relations board 4 established under section 8B.4. 5 2. a. “Confidential employee” means any public employee who 6 works in the personnel offices of a public employer or who has 7 access to information subject to use by the public employer 8 in negotiating or who works in a close continuing working 9 relationship with public officers or representatives associated 10 with negotiating on behalf of the public employer. 11 b. “Confidential employee” also includes the personal 12 secretary of any of the following: Any elected official or 13 person appointed to fill a vacancy in an elective office, 14 member of any board or commission, the administrative officer, 15 director, or chief executive officer of a public employer or 16 major division thereof, or the deputy or first assistant of any 17 of the foregoing. 18 3. “Professional employee” means any one of the following: 19 a. An employee engaged in work meeting all of the following 20 criteria: 21 (1) Predominantly intellectual and varied in character as 22 opposed to routine mental, manual, mechanical, or physical 23 work. 24 (2) Involving the consistent exercise of discretion and 25 judgment in its performance. 26 (3) Of such a character that the output produced or the 27 result accomplished cannot be standardized in relation to a 28 given period of time. 29 (4) Requiring knowledge of an advanced type in a field 30 of science or learning customarily acquired by a prolonged 31 course of specialized intellectual instruction and study in an 32 institution of higher learning or a hospital, as distinguished 33 from a general academic education or from an apprenticeship or 34 from training in the performance of routine mental, manual, or 35 -38- LSB 5866XS (9) 84 je/rj 38/ 44
S.F. 2187 physical processes. 1 b. An employee who meets all of the following criteria: 2 (1) Has completed the courses of specialized intellectual 3 instruction and study described in paragraph “a” , subparagraph 4 (4). 5 (2) Is performing related work under the supervision of 6 a professional person to qualify the employee to become a 7 professional employee as defined in paragraph “a” . 8 4. “Public employee” means an individual employed by 9 a public employer, except individuals exempted under the 10 provisions of section 8B.3. 11 5. “Public employer” means the state of Iowa, its boards, 12 commissions, agencies, departments, and its political 13 subdivisions, including school districts and other special 14 purpose districts. 15 Sec. 93. NEW SECTION . 8B.3 Exclusions. 16 The following public employees shall be excluded from the 17 provisions of this chapter: 18 1. Elected officials and persons appointed to fill 19 vacancies in elective offices, and members of any board or 20 commission. 21 2. Representatives of a public employer, including the 22 administrative officer, director or chief executive officer 23 of a public employer or major division thereof as well as 24 the officer’s or director’s deputy, first assistant, and 25 any supervisory employees. “Supervisory employee” means 26 any individual having authority in the interest of the 27 public employer to hire, transfer, suspend, lay off, recall, 28 promote, discharge, assign, reward, or discipline other public 29 employees, or the responsibility to direct them, or to adjust 30 their grievances, or effectively to recommend such action, if, 31 in connection with the foregoing, exercise of such authority 32 is not of a merely routine or clerical nature, but requires 33 the use of independent judgment. All school superintendents, 34 assistant superintendents, principals, and assistant principals 35 -39- LSB 5866XS (9) 84 je/rj 39/ 44
S.F. 2187 shall be deemed to be supervisory employees. 1 3. Confidential employees. 2 4. Students working as part-time public employees twenty 3 hours per week or less, except graduate or other postgraduate 4 students in preparation for a profession who are engaged in 5 academically related employment as a teaching, research, or 6 service assistant. 7 5. Temporary public employees employed for a period of four 8 months or less. 9 6. Commissioned and enlisted personnel of the Iowa national 10 guard. 11 7. Judicial officers, and confidential, professional, or 12 supervisory employees of the judicial branch. 13 8. Patients and inmates employed, sentenced, or committed 14 to any state or local institution. 15 9. Persons employed by the department of justice, except 16 nonsupervisory employees of the consumer advocate division who 17 are employed primarily for the purpose of performing technical 18 analysis of nonlegal issues. 19 10. Persons employed by the credit union division of the 20 department of commerce. 21 11. Persons employed by the banking division of the 22 department of commerce. 23 12. The appointee serving as the coordinator of the office 24 of renewable fuels and coproducts, as provided in section 25 159A.3. 26 Sec. 94. NEW SECTION . 8B.4 Public employment relations 27 board. 28 1. A board to be known as the public employment relations 29 board is established. 30 a. The board shall consist of three members appointed by the 31 governor, subject to confirmation by the senate. In selecting 32 the members of the board, consideration shall be given to their 33 knowledge, ability, and experience. No more than two members 34 shall be of the same political affiliation, no member shall 35 -40- LSB 5866XS (9) 84 je/rj 40/ 44
S.F. 2187 engage in any political activity while holding office, and the 1 members shall devote full time to their duties. 2 b. The members shall be appointed for staggered terms of 3 four years beginning and ending as provided in section 69.19. 4 c. The member first appointed for a term of four years shall 5 serve as chairperson and each of the member’s successors shall 6 also serve as chairperson. 7 d. Any vacancy occurring shall be filled in the same manner 8 as regular appointments are made. 9 2. The board may employ such persons as are necessary for 10 the performance of its functions. Personnel of the board 11 shall be employed pursuant to the provisions of chapter 8A, 12 subchapter IV. 13 3. The chairperson and the remaining two members shall be 14 compensated as provided in section 7E.6, subsection 5. Members 15 of the board and employees of the board shall be allowed their 16 actual and necessary expenses incurred in the performance of 17 their duties. All expenses and salaries shall be paid from 18 appropriations for such purposes and the board shall be subject 19 to the budget requirements of chapter 8. 20 Sec. 95. NEW SECTION . 8B.5 General powers and duties of 21 the board. 22 The board shall do all of the following: 23 1. Interpret, apply, and administer the provisions of this 24 chapter. 25 2. Collect, for public employers other than the state and 26 its boards, commissions, departments, and agencies, data and 27 conduct studies relating to wages, hours, benefits, and other 28 terms and conditions of public employment and make the same 29 available to any interested person or organization. 30 3. Hold hearings and administer oaths, examine witnesses 31 and documents, take testimony and receive evidence, issue 32 subpoenas to compel the attendance of witnesses and the 33 production of records, and delegate such power to a member 34 of the board, persons appointed or employed by the board, 35 -41- LSB 5866XS (9) 84 je/rj 41/ 44
S.F. 2187 including administrative law judges, or administrative law 1 judges employed by the division of administrative hearings 2 created by section 10A.801, for the performance of its 3 functions. The board may petition the district court at the 4 seat of government or of the county where a hearing is held to 5 enforce a board order compelling the attendance of witnesses 6 and production of records. 7 4. Adopt rules in accordance with the provisions of chapter 8 17A as it may deem necessary to carry out the purposes of this 9 chapter. 10 Sec. 96. NEW SECTION . 8B.6 REPEAL. 11 This chapter is repealed on June 30, 2017. 12 Sec. 97. CONTINUITY OF DUTIES. The public employment 13 relations board shall continue to carry out all duties of 14 the board relating to public employee collective bargaining 15 under chapter 20 as codified prior to the effective date of 16 division I of this Act, until the expiration or termination of 17 all collective bargaining agreements entered into pursuant to 18 chapter 20 as codified prior to the effective date of division 19 I of this Act. 20 Sec. 98. REPORT ON CHANGES IN LAW. By December 3, 2012, the 21 public employment relations board shall submit a report to the 22 general assembly recommending any transition provisions and any 23 changes to the Code, administrative rules, or other law that 24 may be necessary to fully implement this Act. 25 Sec. 99. EFFECTIVE UPON ENACTMENT. This division of this 26 Act, being deemed of immediate importance, takes effect upon 27 enactment. 28 EXPLANATION 29 Division I of this bill repeals Code chapter 20, the “Public 30 Employment Relations Act”. Code chapter 20 regulates public 31 employees who are eligible to collectively bargain, establishes 32 a process for public employee collective bargaining, 33 establishes the public employment relations board, and 34 provides for related matters. Division I strikes references 35 -42- LSB 5866XS (9) 84 je/rj 42/ 44
S.F. 2187 to collective bargaining relating to Code chapter 20 from the 1 Iowa Code. 2 Division I prohibits the state, its agencies, departments, 3 boards, commissions, and its political subdivisions from 4 renewing or modifying after the effective date of division I 5 any collective bargaining agreement entered into pursuant to 6 Code chapter 20 as codified prior to the effective date of 7 division I. Division I provides that any agency, department, 8 board, or commission of the state or a political subdivision 9 affected by division I may submit a report to the general 10 assembly recommending any transition provisions and any changes 11 to the Code, administrative rules, or other law that may be 12 necessary to fully implement division I. Division I does not 13 apply to collective bargaining agreements entered into before 14 the effective date of division I. Division I takes effect upon 15 enactment. 16 Division II of the bill transfers provisions of Code chapter 17 20 establishing the public employment relations board which do 18 not concern public employee collective bargaining to new Code 19 chapter 8B. Division II sets out certain duties of the board, 20 including adjudicating grievances under the state merit system 21 and collecting and disseminating information concerning the 22 wages, hours, and other conditions of employment of certain 23 public employees. Code chapter 8B is repealed June 30, 2017. 24 Division II directs the public employment relations board to 25 continue to carry out all duties relating to public employee 26 collective bargaining under Code chapter 20 as codified prior 27 to the effective date of division I, until the expiration or 28 termination of all collective bargaining agreements entered 29 into pursuant to Code chapter 20 as codified prior to the 30 effective date of division I. Division II directs the public 31 employment relations board to submit a report to the general 32 assembly recommending any transition provisions and any changes 33 to the Code, administrative rules, or other law that may be 34 necessary to fully implement the bill. Division II takes 35 -43- LSB 5866XS (9) 84 je/rj 43/ 44
S.F. 2187 effect upon enactment. 1 -44- LSB 5866XS (9) 84 je/rj 44/ 44