Senate
File
419
-
Introduced
SENATE
FILE
419
BY
CHELGREN
A
BILL
FOR
An
Act
relating
to
strikes
and
disputes
arising
in
public
1
employment,
making
penalties
applicable,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
8A.415,
Code
2015,
is
amended
to
read
as
1
follows:
2
8A.415
Grievances
and
discipline
resolution.
3
1.
Grievances.
4
a.
An
employee,
except
an
employee
covered
by
a
collective
5
bargaining
agreement
which
provides
otherwise,
who
has
6
exhausted
the
available
agency
steps
in
the
uniform
grievance
7
procedure
provided
for
in
the
department
rules
may,
within
8
seven
five
calendar
days
following
the
date
a
decision
was
9
received
or
should
have
been
received
at
the
second
step
of
the
10
grievance
procedure,
file
the
grievance
at
the
third
step
with
11
the
director.
The
director
shall
respond
within
thirty
five
12
calendar
days
following
receipt
of
the
third
step
grievance.
13
b.
If
not
satisfied,
the
employee
may,
within
thirty
14
five
calendar
days
following
the
director’s
response,
file
15
an
appeal
with
the
public
employment
relations
board.
The
16
hearing
shall
be
conducted
in
accordance
with
the
rules
of
the
17
public
employment
relations
board
and
the
Iowa
administrative
18
procedure
Act,
chapter
17A
.
Decisions
rendered
shall
be
based
19
upon
a
standard
of
substantial
compliance
with
this
subchapter
20
and
the
rules
of
the
department.
Decisions
by
the
public
21
employment
relations
board
constitute
final
agency
action.
22
c.
For
purposes
of
this
subsection
,
“uniform
grievance
23
procedure”
does
not
include
procedures
for
discipline
and
24
discharge.
25
2.
Discipline
resolution.
26
a.
A
merit
system
employee,
except
an
employee
covered
27
by
a
collective
bargaining
agreement,
who
is
discharged,
28
suspended,
demoted,
or
otherwise
receives
a
reduction
in
pay,
29
except
during
the
employee’s
probationary
period,
may
bypass
30
steps
one
and
two
of
the
grievance
procedure
and
appeal
the
31
disciplinary
action
to
the
director
within
seven
five
calendar
32
days
following
the
effective
date
of
the
action.
The
director
33
shall
respond
within
thirty
five
calendar
days
following
34
receipt
of
the
appeal.
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b.
If
not
satisfied,
the
employee
may,
within
thirty
five
1
calendar
days
following
the
director’s
response,
file
an
appeal
2
with
the
public
employment
relations
board.
The
employee
has
3
the
right
to
a
hearing
closed
to
the
public,
unless
a
public
4
hearing
is
requested
by
the
employee.
The
hearing
shall
5
otherwise
be
conducted
in
accordance
with
the
rules
of
the
6
public
employment
relations
board
and
the
Iowa
administrative
7
procedure
Act,
chapter
17A
.
If
the
public
employment
relations
8
board
finds
that
the
action
taken
by
the
appointing
authority
9
was
for
political,
religious,
racial,
national
origin,
sex,
10
age,
or
other
reasons
not
constituting
just
cause,
the
employee
11
may
be
reinstated
without
loss
of
pay
or
benefits
for
the
12
elapsed
period,
or
the
public
employment
relations
board
may
13
provide
other
appropriate
remedies.
Decisions
by
the
public
14
employment
relations
board
constitute
final
agency
action.
15
Sec.
2.
Section
20.1,
subsection
1,
Code
2015,
is
amended
16
to
read
as
follows:
17
1.
The
general
assembly
declares
that
it
is
the
public
18
policy
of
the
state
to
promote
harmonious
and
cooperative
19
relationships
between
government
and
its
employees
by
20
permitting
public
employees
to
organize
and
bargain
21
collectively;
to
protect
the
citizens
of
this
state
by
assuring
22
effective
and
orderly
operations
of
government
in
providing
23
for
their
health,
safety,
and
welfare;
to
prohibit
and
prevent
24
all
strikes
by
public
employees;
and
to
protect
the
rights
of
25
public
employees
to
join
or
refuse
to
join,
and
to
participate
26
in
or
refuse
to
participate
in,
employee
organizations.
27
Sec.
3.
Section
20.10,
subsection
2,
Code
2015,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
i.
Violate
section
20.12.
30
Sec.
4.
Section
20.10,
subsection
3,
paragraphs
e
and
h,
31
Code
2015,
are
amended
by
striking
the
paragraphs.
32
Sec.
5.
Section
20.11,
subsections
1
and
4,
Code
2015,
are
33
amended
to
read
as
follows:
34
1.
Proceedings
against
a
party
alleging
a
violation
of
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section
20.10
shall
be
commenced
by
filing
a
complaint
with
the
1
board
within
ninety
five
days
of
the
alleged
violation,
causing
2
a
copy
of
the
complaint
to
be
served
upon
the
accused
party.
3
The
accused
party
shall
have
ten
five
days
within
which
to
file
4
a
written
answer
to
the
complaint.
However,
the
board
may
5
conduct
a
preliminary
investigation
of
the
alleged
violation,
6
and
if
the
board
determines
that
the
complaint
has
no
basis
in
7
fact,
the
board
may
dismiss
the
complaint.
The
board
shall
8
promptly
thereafter
set
a
time
and
place
for
hearing
in
the
9
county
where
the
alleged
violation
occurred,
provided,
however,
10
that
the
presiding
officer
may
conduct
the
hearing
through
the
11
use
of
technology
from
a
remote
location.
The
parties
shall
12
be
permitted
to
be
represented
by
counsel,
summon
witnesses,
13
and
request
the
board
to
subpoena
witnesses
on
the
requester’s
14
behalf.
Compliance
with
the
technical
rules
of
pleading
and
15
evidence
shall
not
be
required.
16
4.
The
board
shall
file
its
findings
of
fact
and
conclusions
17
of
law
within
sixty
five
days
of
the
close
of
any
hearing,
18
receipt
of
the
transcript,
or
submission
of
any
briefs.
19
If
the
board
finds
that
the
party
accused
has
committed
a
20
prohibited
practice,
the
board
may,
within
thirty
five
days
21
of
its
decision,
enter
into
a
consent
order
with
the
party
22
to
discontinue
the
practice,
or
after
the
thirty
five
days
23
following
the
decision
may
petition
the
district
court
for
24
injunctive
relief
pursuant
to
rules
of
civil
procedure
1.1501
25
to
1.1511.
26
Sec.
6.
Section
20.12,
Code
2015,
is
amended
by
striking
the
27
section
and
inserting
in
lieu
thereof
the
following:
28
20.12
Pay
and
benefits
during
strikes
prohibited.
29
A
public
employee
shall
not
be
entitled
to
pay
or
benefits
30
from
a
public
employer
for
any
period
of
time
in
which
the
31
public
employee
participates
in
a
strike.
A
public
employer
32
shall
not
provide
such
a
public
employee
with
such
pay
or
33
benefits.
34
Sec.
7.
Section
20.18,
Code
2015,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
1A.
The
time
period
permitted
for
each
2
action,
other
than
actions
involving
a
court,
by
a
party
or
3
decision
maker,
other
than
a
court,
relating
to
the
grievance
4
resolution
process
in
a
collective
bargaining
agreement,
5
including
but
not
limited
to
the
filing
of
complaints
and
6
answers,
the
conduct
of
hearings
and
appeals,
and
the
issuance
7
of
administrative
decisions
shall
not
exceed
five
calendar
8
days.
9
Sec.
8.
Section
279.15,
subsection
2,
paragraph
c,
Code
10
2015,
is
amended
to
read
as
follows:
11
c.
Within
five
days
of
the
receipt
of
the
written
notice
12
that
the
superintendent
is
recommending
termination
of
the
13
contract,
the
teacher
may
request,
in
writing
to
the
secretary
14
of
the
board,
a
private
hearing
with
the
board.
The
private
15
hearing
shall
not
be
subject
to
chapter
21
and
shall
be
16
held
no
sooner
than
ten
days
and
no
later
than
twenty
five
17
days
following
the
receipt
of
the
request
unless
the
parties
18
otherwise
agree.
The
secretary
of
the
board
shall
notify
19
the
teacher
in
writing
of
the
date,
time,
and
location
of
20
the
private
hearing,
and
at
least
five
three
days
before
the
21
hearing
shall
also
furnish
to
the
teacher
any
documentation
22
which
may
be
presented
to
the
board
at
the
private
hearing
23
and
a
list
of
persons
who
may
address
the
board
in
support
of
24
the
superintendent’s
recommendation
at
the
private
hearing.
25
At
least
three
days
before
the
hearing,
the
teacher
shall
26
provide
any
documentation
the
teacher
expects
to
present
at
27
the
private
hearing,
along
with
the
names
of
any
persons
who
28
may
address
the
board
on
behalf
of
the
teacher.
This
exchange
29
of
information
shall
be
at
the
time
specified
unless
otherwise
30
agreed.
31
Sec.
9.
Section
279.17,
subsections
1,
4,
5,
and
7,
Code
32
2015,
are
amended
to
read
as
follows:
33
1.
If
the
teacher
is
no
longer
a
probationary
teacher,
the
34
teacher
may,
within
ten
five
days,
appeal
the
determination
of
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the
board
to
an
adjudicator
by
filing
a
notice
of
appeal
with
1
the
secretary
of
the
board.
The
notice
of
appeal
shall
contain
2
a
concise
statement
of
the
action
which
is
the
subject
of
the
3
appeal,
the
particular
board
action
appealed
from,
the
grounds
4
on
which
relief
is
sought
and
the
relief
sought.
5
4.
a.
Within
thirty
five
days
after
filing
the
notice
of
6
appeal,
or
within
further
time
allowed
by
the
adjudicator,
7
the
board
shall
transmit
to
the
adjudicator
the
original
or
8
a
certified
copy
of
the
entire
record
of
the
private
hearing
9
which
may
be
the
subject
of
the
petition.
By
stipulation
10
of
the
parties
to
review
the
proceedings,
the
record
of
the
11
case
may
be
shortened.
The
adjudicator
may
require
or
permit
12
subsequent
corrections
or
additions
to
the
shortened
record.
13
b.
The
record
certified
and
filed
by
the
board
shall
be
the
14
record
upon
which
the
appeal
shall
be
heard
and
no
additional
15
evidence
shall
be
heard
by
the
adjudicator.
In
such
appeal
to
16
the
adjudicator,
especially
when
considering
the
credibility
17
of
witnesses,
the
adjudicator
shall
give
weight
to
the
fact
18
findings
of
the
board;
but
shall
not
be
bound
by
them.
19
5.
Before
the
date
set
for
hearing
a
petition
for
review
20
of
board
action,
which
shall
be
within
ten
five
days
after
21
receipt
of
the
record
unless
otherwise
agreed
or
unless
the
22
adjudicator
orders
additional
evidence
be
taken
before
the
23
board,
application
may
be
made
to
the
adjudicator
for
leave
to
24
present
evidence
in
addition
to
that
found
in
the
record
of
the
25
case.
If
it
is
shown
to
the
adjudicator
that
the
additional
26
evidence
is
material
and
that
there
were
good
reasons
for
27
failure
to
present
it
in
the
private
hearing
before
the
board,
28
the
adjudicator
may
order
that
the
additional
evidence
be
taken
29
before
the
board
upon
conditions
determined
by
the
adjudicator.
30
The
board
may
modify
its
findings
and
decision
in
the
case
by
31
reason
of
the
additional
evidence
and
shall
file
that
evidence
32
and
any
modifications,
new
findings,
or
decisions,
with
the
33
adjudicator
and
mail
copies
of
the
new
findings
or
decisions
34
to
the
teacher.
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7.
The
adjudicator
shall,
within
fifteen
five
days
after
the
1
hearing,
make
a
decision
and
shall
give
a
copy
of
the
decision
2
to
the
teacher
and
the
secretary
of
the
board.
The
decision
3
of
the
adjudicator
shall
become
the
final
and
binding
decision
4
of
the
board
unless
either
party
within
ten
five
days
notifies
5
the
secretary
of
the
board
that
the
decision
is
rejected.
The
6
board
may
reject
the
decision
by
majority
vote,
by
roll
call,
7
in
open
meeting
and
entered
into
the
minutes
of
the
meeting.
8
The
board
shall
immediately
notify
the
teacher
of
its
decision
9
by
certified
mail.
The
teacher
may
reject
the
adjudicator’s
10
decision
by
notifying
the
board’s
secretary
in
writing
within
11
ten
five
days
of
the
filing
of
such
decision.
12
Sec.
10.
Section
279.18,
subsection
1,
Code
2015,
is
amended
13
to
read
as
follows:
14
1.
If
either
party
rejects
the
adjudicator’s
decision,
15
the
rejecting
party
shall,
within
thirty
five
days
of
the
16
initial
filing
of
such
decision,
appeal
to
the
district
court
17
of
the
county
in
which
the
administrative
office
of
the
school
18
district
is
located.
The
notice
of
appeal
shall
be
immediately
19
mailed
by
certified
mail
to
the
other
party.
The
adjudicator
20
shall
transmit
to
the
reviewing
court
the
original
or
a
21
certified
copy
of
the
entire
record
which
may
be
the
subject
22
of
the
petition.
By
stipulation
of
all
parties
to
the
review
23
proceedings,
the
record
of
such
a
case
may
be
shortened.
A
24
party
unreasonably
refusing
to
stipulate
to
limit
the
record
25
may
be
taxed
by
the
court
for
the
additional
cost.
The
court
26
may
require
or
permit
subsequent
corrections
or
additions
to
27
the
shortened
record.
28
Sec.
11.
Section
400.20,
Code
2015,
is
amended
to
read
as
29
follows:
30
400.20
Appeal.
31
The
suspension,
demotion,
or
discharge
of
a
person
holding
32
civil
service
rights
may
be
appealed
to
the
civil
service
33
commission
within
fourteen
five
calendar
days
after
the
34
suspension,
demotion,
or
discharge.
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Sec.
12.
Section
400.22,
Code
2015,
is
amended
to
read
as
1
follows:
2
400.22
Charges.
3
Within
fourteen
five
calendar
days
from
the
service
of
the
4
notice
of
appeal,
the
person
or
body
making
the
ruling
appealed
5
from
shall
file
with
the
body
to
which
the
appeal
is
taken
a
6
written
specification
of
the
charges
and
grounds
upon
which
the
7
ruling
was
based.
If
the
charges
are
not
filed,
the
person
8
suspended
or
discharged
may
present
the
matter
to
the
body
to
9
whom
the
appeal
is
to
be
taken
by
affidavit,
setting
forth
the
10
facts,
and
the
body
to
whom
the
appeal
is
to
be
taken
shall
11
immediately
enter
an
order
reinstating
the
person
suspended
or
12
discharged
for
want
of
prosecution.
13
Sec.
13.
Section
400.23,
Code
2015,
is
amended
to
read
as
14
follows:
15
400.23
Time
and
place
of
hearing.
16
Within
ten
five
days
after
such
specifications
are
filed,
17
the
commission
shall
fix
the
time,
which
shall
be
not
less
than
18
five
nor
more
than
twenty
five
days
thereafter,
and
place
for
19
hearing
the
appeal
and
shall
notify
the
parties
in
writing
of
20
the
time
and
place
so
fixed,
and
the
notice
shall
contain
a
21
copy
of
the
specifications
so
filed.
22
Sec.
14.
APPLICABILITY.
This
Act
applies
to
collective
23
bargaining
agreements
entered
into
on
or
after
the
effective
24
date
of
this
Act.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
strikes
language
in
Code
chapter
20,
the
public
29
employment
relations
Act,
prohibiting
strikes
by
public
30
employees.
The
bill
provides
that
a
public
employee
shall
31
not
be
entitled
to
pay
or
benefits
from
a
public
employer
for
32
any
period
of
time
in
which
the
public
employee
participates
33
in
a
strike.
The
bill
prohibits
a
public
employer
from
34
providing
such
a
public
employee
with
such
pay
or
benefits.
35
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The
bill
provides
that
a
violation
of
the
prohibition
by
a
1
public
employer
is
a
prohibited
practice
under
Code
chapter
20
2
and
subject
to
the
remedies
provided
in
Code
chapter
20
for
3
prohibited
practices.
4
The
bill
provides
that
the
time
period
permitted
for
each
5
action,
other
than
actions
involving
a
court,
by
a
party
or
6
decision
maker,
other
than
a
court,
relating
to
the
grievance
7
resolution
process
in
a
collective
bargaining
agreement,
8
including
but
not
limited
to
the
filing
of
complaints
and
9
answers,
the
conduct
of
hearings
and
appeals,
and
the
issuance
10
of
administrative
decisions
shall
not
exceed
five
calendar
11
days.
12
The
bill
reduces
the
statutory
time
periods
for
various
13
steps
in
dispute
resolution
processes
for
public
employees
to
14
five
calendar
days.
15
The
bill
applies
to
collective
bargaining
agreements
entered
16
into
on
or
after
the
effective
date
of
the
bill.
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