House File 2115 - Introduced HOUSE FILE 2115 BY WILLS A BILL FOR An Act prohibiting compensation for employment organization 1 activities under 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 5152YH (3) 86 je/ec
H.F. 2115 Section 1. Section 20.3, Code 2016, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 4A. “Employment organization activities” 3 means activities that are performed by an employment 4 organization or members or representatives of an employment 5 organization that relate to advocating the interests of 6 employees represented by the employment organization regarding 7 wages, hours, benefits, or other terms and conditions of 8 employment, or the enforcement, fulfillment, or advancement of 9 the organizational purposes, obligations, external relations, 10 or internal policies and procedures of the employment 11 organization. 12 Sec. 2. NEW SECTION . 20.9A Compensation for employment 13 organization activities prohibited. 14 1. A public employer shall not enter into a collective 15 bargaining agreement pursuant to this chapter that requires 16 or authorizes the public employer to compensate any public 17 employee or person for employment organization activities. 18 A provision of any collective bargaining agreement entered 19 into pursuant to this chapter that requires or authorizes a 20 public employer to compensate any public employee or person 21 for employment organization activities is void as contrary to 22 public policy. 23 2. Any taxpayer to or citizen of this state may file a 24 complaint with the board pursuant to section 20.10, subsection 25 2, paragraph “i” , and section 20.11 alleging a violation of this 26 section. 27 3. This section shall not be construed to prohibit a public 28 employee from using compensated leave time for any personal 29 purpose, if the public employee is not provided compensated 30 leave time to compensate the public employee for performing 31 employment organization activities. 32 Sec. 3. Section 20.10, subsection 2, Code 2016, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . i. Violate section 20.9A. 35 -1- LSB 5152YH (3) 86 je/ec 1/ 2
H.F. 2115 Sec. 4. APPLICABILITY. This Act applies to collective 1 bargaining agreements entered into on or after the effective 2 date of this Act. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill prohibits a public employer from entering into 7 a collective bargaining agreement pursuant to Code chapter 8 20, the “Public Employment Relations Act”, that requires 9 or authorizes the public employer to compensate any public 10 employee or person for employment organization activities. The 11 bill provides that a provision of any collective bargaining 12 agreement that requires or authorizes a public employer 13 to compensate any public employee or person for employment 14 organization activities is void as contrary to public policy. 15 The bill defines “employment organization activities” as 16 activities that are performed by an employment organization or 17 members or representatives of an employment organization that 18 relate to advocating the interests of employees represented by 19 the employee organization regarding wages, hours, benefits, or 20 other terms and conditions of employment, or the enforcement, 21 fulfillment, or advancement of the organizational purposes, 22 obligations, external relations, or internal policies and 23 procedures of the employment organization. 24 A violation of the bill is a prohibited practice and subject 25 to enforcement by the public employment relations board. The 26 bill permits any taxpayer to or citizen of Iowa to file a 27 complaint with the board alleging such a violation. 28 The bill shall not be construed to prohibit a public employee 29 from receiving compensated leave time for any personal purpose, 30 if the public employee is not provided compensated leave time 31 for performing employment organization activities. 32 The bill applies to collective bargaining agreements entered 33 into on or after the effective date of the bill. 34 -2- LSB 5152YH (3) 86 je/ec 2/ 2