House File 2075 - Introduced HOUSE FILE 2075 BY WILLS A BILL FOR An Act providing for publication of and public hearings 1 regarding proposed public employee collective bargaining 2 agreements and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5156YH (4) 86 je/ec
H.F. 2075 Section 1. Section 20.17, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3A. Before a proposed collective 3 bargaining agreement is submitted to the employee organization 4 for a ratification election, the public employer shall reduce 5 the terms of the proposed collective bargaining agreement 6 to writing and publish the proposed collective bargaining 7 agreement on the internet site of the public employer or, 8 if the public employer does not have an internet site, by 9 another method authorized by the board by rule pursuant to 10 chapter 17A. No earlier than fourteen days after the proposed 11 collective bargaining agreement is published as provided in 12 this subsection, the public employer shall hold a public 13 hearing at which the public employer shall hear comments 14 from the public regarding the proposed collective bargaining 15 agreement. The public employer shall publish the time, place, 16 and procedures for the public hearing along with the proposed 17 collective bargaining agreement. The board shall establish 18 permissible procedures for such public hearings by rule 19 pursuant to chapter 17A. Following the public hearing, the 20 public employer may accept or reject the proposed collective 21 bargaining agreement. If the public employer accepts the 22 proposed collective bargaining agreement, a ratification 23 election shall be held pursuant to subsection 4. If the public 24 employer rejects the proposed collective bargaining agreement, 25 the employee organization and the public employer shall 26 continue negotiations as provided in this section. 27 Sec. 2. Section 20.17, subsection 4, Code 2016, is amended 28 to read as follows: 29 4. The terms of a proposed collective bargaining agreement 30 accepted by the public employer after the procedures of 31 subsection 3A have been followed shall be made available to 32 the public by the public employer and reasonable notice shall 33 be given to the public employees by the employee organization 34 prior to a ratification election. The collective bargaining 35 -1- LSB 5156YH (4) 86 je/ec 1/ 4
H.F. 2075 agreement shall become effective only if ratified by a majority 1 of those voting by secret ballot. 2 Sec. 3. Section 20.22, subsections 9 and 10, Code 2016, are 3 amended to read as follows: 4 9. The arbitrator shall select make an initial selection 5 within fifteen days after the hearing of the most reasonable 6 offer, in the arbitrator’s judgment, of the final offers on 7 each impasse item submitted by the parties. 8 10. The final selections by the arbitrator , after 9 the procedures of subsection 9A have been followed, and 10 items agreed upon by the public employer and the employee 11 organization, shall be deemed to be the collective bargaining 12 agreement between the parties. 13 Sec. 4. Section 20.22, Code 2016, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 9A. The public employer shall reduce the 16 initial selections by the arbitrator and items agreed upon by 17 the public employer and the employee organization to writing 18 as a proposed collective bargaining agreement and publish the 19 proposed collective bargaining agreement on the internet site 20 of the public employer or, if the public employer does not have 21 an internet site, by another method authorized by the board 22 by rule pursuant to chapter 17A. No earlier than fourteen 23 days after the proposed collective bargaining agreement is 24 published as provided in this subsection, the arbitrator shall 25 hold a public hearing at which the arbitrator shall hear 26 comments from the public regarding the proposed collective 27 bargaining agreement. The public employer shall publish the 28 time, place, and procedures for the public hearing along with 29 the proposed collective bargaining agreement. The board shall 30 establish permissible procedures for such public hearings by 31 rule pursuant to chapter 17A. Following the public hearing, 32 the arbitrator may accept or revise the initial selections and 33 shall issue a final selection on each impasse item submitted 34 by the parties. 35 -2- LSB 5156YH (4) 86 je/ec 2/ 4
H.F. 2075 Sec. 5. APPLICABILITY. This Act applies to collective 1 bargaining negotiations entered into and binding arbitrations 2 to which parties submit pursuant to chapter 20 on or after 3 January 1, 2017. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill requires a public employer participating in 8 collective bargaining negotiations under Code chapter 20, the 9 Public Employment Relations Act, to reduce the terms of a 10 proposed collective bargaining agreement to writing and publish 11 the proposed collective bargaining agreement on the internet 12 site of the public employer. 13 The bill also requires that the public employer hold a 14 public hearing at which the public employer shall hear comments 15 from the public regarding the proposed collective bargaining 16 agreement. The hearing can be held no earlier than 14 days 17 after the proposed collective bargaining agreement is published 18 as provided in the bill. The bill requires the public 19 employer to publish the time, place, and procedures for the 20 public hearing along with the proposed collective bargaining 21 agreement. The bill requires the public employment relations 22 board to establish permissible procedures for such public 23 hearings by administrative rule. The bill permits the public 24 employer to accept or reject the proposed collective bargaining 25 agreement following the public hearing. If the public employer 26 accepts the proposed collective bargaining agreement, it is 27 subject to a ratification election. If the public employer 28 rejects the agreement, the employee organization and the public 29 employer continue negotiations. 30 A ratification election for a proposed collective bargaining 31 agreement cannot be held until after the requirements of the 32 bill have been followed. 33 The bill requires similar procedures for arbitrations of 34 public employee collective bargaining. 35 -3- LSB 5156YH (4) 86 je/ec 3/ 4
H.F. 2075 The bill applies to collective bargaining negotiations 1 entered into and binding arbitrations to which parties submit 2 pursuant to Code chapter 20 on or after January 1, 2017. 3 -4- LSB 5156YH (4) 86 je/ec 4/ 4