HF 2075 (LSB 5156YH (4) 86)

HOUSE FILE 2075

BY  WILLS

A BILL FOR

An Act providing for publication of and public hearings regarding proposed public employee collective bargaining agreements and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 20.17, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  Before a proposed collective bargaining agreement is submitted to the employee organization for a ratification election, the public employer shall reduce the terms of the proposed collective bargaining agreement to writing and publish the proposed collective bargaining agreement on the internet site of the public employer or, if the public employer does not have an internet site, by another method authorized by the board by rule pursuant to chapter 17A. No earlier than fourteen days after the proposed collective bargaining agreement is published as provided in this subsection, the public employer shall hold a public hearing at which the public employer shall hear comments from the public regarding the proposed collective bargaining agreement. The public employer shall publish the time, place, and procedures for the public hearing along with the proposed collective bargaining agreement. The board shall establish permissible procedures for such public hearings by rule pursuant to chapter 17A. Following the public hearing, the public employer may accept or reject the proposed collective bargaining agreement. If the public employer accepts the proposed collective bargaining agreement, a ratification election shall be held pursuant to subsection 4. If the public employer rejects the proposed collective bargaining agreement, the employee organization and the public employer shall continue negotiations as provided in this section.
    Sec. 2.  Section 20.17, subsection 4, Code 2016, is amended to read as follows:
   4.  The terms of a proposed collective bargaining agreement accepted by the public employer after the procedures of subsection 3A have been followed shall be made available to the public by the public employer and reasonable notice shall be given to the public employees by the employee organization prior to a ratification election. The collective bargaining agreement shall become effective only if ratified by a majority of those voting by secret ballot.
    Sec. 3.  Section 20.22, subsections 9 and 10, Code 2016, are amended to read as follows:
   9.  The arbitrator shall select make an initial selection within fifteen days after the hearing of the most reasonable offer, in the arbitrator’s judgment, of the final offers on each impasse item submitted by the parties.
   10.  The final selections by the arbitrator, after the procedures of subsection 9A have been followed, and items agreed upon by the public employer and the employee organization, shall be deemed to be the collective bargaining agreement between the parties.
    Sec. 4.  Section 20.22, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  9A.  The public employer shall reduce the initial selections by the arbitrator and items agreed upon by the public employer and the employee organization to writing as a proposed collective bargaining agreement and publish the proposed collective bargaining agreement on the internet site of the public employer or, if the public employer does not have an internet site, by another method authorized by the board by rule pursuant to chapter 17A. No earlier than fourteen days after the proposed collective bargaining agreement is published as provided in this subsection, the arbitrator shall hold a public hearing at which the arbitrator shall hear comments from the public regarding the proposed collective bargaining agreement. The public employer shall publish the time, place, and procedures for the public hearing along with the proposed collective bargaining agreement. The board shall establish permissible procedures for such public hearings by rule pursuant to chapter 17A. Following the public hearing, the arbitrator may accept or revise the initial selections and shall issue a final selection on each impasse item submitted by the parties.
    Sec. 5.  APPLICABILITY.  This Act applies to collective bargaining negotiations entered into and binding arbitrations to which parties submit pursuant to chapter 20 on or after January 1, 2017.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires a public employer participating in collective bargaining negotiations under Code chapter 20, the Public Employment Relations Act, to reduce the terms of a proposed collective bargaining agreement to writing and publish the proposed collective bargaining agreement on the internet site of the public employer. 
   The bill also requires that the public employer hold a public hearing at which the public employer shall hear comments from the public regarding the proposed collective bargaining agreement. The hearing can be held no earlier than 14 days after the proposed collective bargaining agreement is published as provided in the bill. The bill requires the public employer to publish the time, place, and procedures for the public hearing along with the proposed collective bargaining agreement. The bill requires the public employment relations board to establish permissible procedures for such public hearings by administrative rule. The bill permits the public employer to accept or reject the proposed collective bargaining agreement following the public hearing. If the public employer accepts the proposed collective bargaining agreement, it is subject to a ratification election. If the public employer rejects the agreement, the employee organization and the public employer continue negotiations.
   A ratification election for a proposed collective bargaining agreement cannot be held until after the requirements of the bill have been followed.
   The bill requires similar procedures for arbitrations of public employee collective bargaining.
   The bill applies to collective bargaining negotiations entered into and binding arbitrations to which parties submit pursuant to Code chapter 20 on or after January 1, 2017.