House Study Bill 84 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LABOR BILL BY CHAIRPERSON DEYOE) A BILL FOR An Act relating to employment matters involving public 1 employees including collective bargaining, educator 2 employment matters, personnel records and settlement 3 agreements, city civil service requirements, and health 4 insurance matters, making penalties applicable, and 5 including effective date, applicability, and transition 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1725YC (20) 87 je/rj

H.F. _____ DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 2 Section 1. Section 20.3, Code 2017, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION . 10A. “Public safety employee” means a 5 public employee who is employed as one of the following: 6 a. A sheriff or a sheriff’s regular deputy. 7 b. A marshal or police officer of a city, township, or 8 special-purpose district or authority who is a member of a paid 9 police department. 10 c. A member, except a non-peace officer member, of the 11 division of state patrol, narcotics enforcement, state fire 12 marshal, or criminal investigation, including but not limited 13 to a gaming enforcement officer, who has been duly appointed 14 by the department of public safety in accordance with section 15 80.15. 16 d. A conservation officer or park ranger as authorized by 17 section 456A.13. 18 e. A permanent or full-time fire fighter of a city, 19 township, or special-purpose district or authority who is a 20 member of a paid fire department. 21 NEW SUBSECTION . 12. “Supplemental pay” means a payment 22 of moneys or other thing of value that is in addition to 23 compensation received pursuant to any other permitted subject 24 of negotiation specified in section 20.9 and is related to the 25 employment relationship. 26 Sec. 2. Section 20.6, subsection 1, Code 2017, is amended 27 to read as follows: 28 1. Interpret, apply, and administer Administer the 29 provisions of this chapter . 30 Sec. 3. Section 20.6, Code 2017, is amended by adding the 31 following new subsections: 32 NEW SUBSECTION . 6. Appoint a certified shorthand reporter 33 to report state employee grievance and discipline resolution 34 proceedings pursuant to section 8A.415 and fix a reasonable 35 -1- LSB 1725YC (20) 87 je/rj 1/ 68

H.F. _____ amount of compensation for such service and for any transcript 1 requested by the board, which amounts shall be taxed as other 2 costs. 3 NEW SUBSECTION . 7. Contract with a vendor as the board may 4 deem necessary to conduct elections required by section 20.15 5 on behalf of the board. The board shall establish fees by rule 6 pursuant to chapter 17A to cover the cost of elections required 7 by section 20.15. Such fees shall be paid in advance of an 8 election and shall be paid by each employee organization listed 9 on the ballot. 10 Sec. 4. Section 20.7, subsections 2 and 3, Code 2017, are 11 amended to read as follows: 12 2. Hire, evaluate, promote, demote, transfer, assign and 13 retain public employees in positions within the public agency. 14 3. Suspend or discharge public employees for proper cause . 15 Sec. 5. Section 20.8, Code 2017, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 5. Exercise any right or seek any remedy 18 provided by law, including but not limited to those rights and 19 remedies available under sections 70A.28 and 70A.29, chapter 20 8A, subchapter IV, and chapters 216 and 400. 21 Sec. 6. Section 20.9, Code 2017, is amended to read as 22 follows: 23 20.9 Scope of negotiations. 24 1. The For negotiations regarding a bargaining unit with 25 a majority of members who are public safety employees, the 26 public employer and the employee organization shall meet at 27 reasonable times, including meetings reasonably in advance of 28 the public employer’s budget-making process, to negotiate in 29 good faith with respect to wages, hours, vacations, insurance, 30 holidays, leaves of absence, shift differentials, overtime 31 compensation, supplemental pay, seniority, transfer procedures, 32 job classifications, health and safety matters, evaluation 33 procedures, procedures for staff reduction, in-service 34 training , grievance procedures for resolving any questions 35 -2- LSB 1725YC (20) 87 je/rj 2/ 68

H.F. _____ arising under the agreement, and other matters mutually agreed 1 upon. Negotiations shall also include terms authorizing 2 dues checkoff for members of the employee organization and 3 grievance procedures for resolving any questions arising under 4 the agreement, which shall be embodied in a written agreement 5 and signed by the parties. If an agreement provides for dues 6 checkoff, a member’s dues may be checked off only upon the 7 member’s written request and the member may terminate the dues 8 checkoff at any time by giving thirty days’ written notice. 9 For negotiations regarding a bargaining unit that does not 10 have a majority of members who are public safety employees, 11 the public employer and the employee organization shall meet 12 at reasonable times, including meetings reasonably in advance 13 of the public employer’s budget-making process, to negotiate 14 in good faith with respect to base wages and other matters 15 mutually agreed upon. Such obligation to negotiate in good 16 faith does not compel either party to agree to a proposal 17 or make a concession. Mandatory subjects of negotiation 18 specified in this subsection shall be interpreted narrowly and 19 restrictively. 20 2. Nothing in this section shall diminish the authority 21 and power of the department of administrative services, board 22 of regents’ merit system, Iowa public broadcasting board’s 23 merit system, or any civil service commission established by 24 constitutional provision, statute, charter , or special act to 25 recruit employees, prepare, conduct , and grade examinations, 26 rate candidates in order of their relative scores for 27 certification for appointment or promotion or for other matters 28 of classification, reclassification , or appeal rights in the 29 classified service of the public employer served. 30 3. All retirement systems , dues checkoffs, and other 31 payroll deductions for political action committees or other 32 political contributions or political activities shall be 33 excluded from the scope of negotiations. For negotiations 34 regarding a bargaining unit that does not have a majority of 35 -3- LSB 1725YC (20) 87 je/rj 3/ 68

H.F. _____ members who are public safety employees, insurance, leaves of 1 absence for political activities, supplemental pay, transfer 2 procedures, evaluation procedures, procedures for staff 3 reduction, release time, subcontracting public services, 4 grievance procedures for resolving any questions arising under 5 the agreement, and seniority and any wage increase, employment 6 benefit, or other employment advantage based on seniority shall 7 also be excluded from the scope of negotiations. 8 4. The term of a contract entered into pursuant to this 9 chapter shall not exceed five years. 10 Sec. 7. Section 20.10, subsection 3, Code 2017, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . j. Negotiate or attempt to negotiate 13 directly with a member of the governing board of a public 14 employer if the public employer has appointed or authorized 15 a bargaining representative for the purpose of bargaining 16 with the public employees or their representative, unless the 17 member of the governing board is the designated bargaining 18 representative of the public employer. 19 Sec. 8. Section 20.12, subsection 5, Code 2017, is amended 20 to read as follows: 21 5. If an employee organization or any of its officers 22 is held to be in contempt of court for failure to comply 23 with an injunction pursuant to this section , or is convicted 24 of violating this section , the employee organization shall 25 be immediately decertified, shall cease to represent the 26 bargaining unit, shall cease to receive any dues by checkoff, 27 and may again be certified only after twelve twenty-four months 28 have elapsed from the effective date of decertification and 29 only after if a new compliance with petition for certification 30 pursuant to section 20.14 is filed and a new certification 31 election pursuant to section 20.15 is held . The penalties 32 provided in this section may be suspended or modified by the 33 court, but only upon request of the public employer and only 34 if the court determines the suspension or modification is in 35 -4- LSB 1725YC (20) 87 je/rj 4/ 68

H.F. _____ the public interest. 1 Sec. 9. Section 20.15, Code 2017, is amended to read as 2 follows: 3 20.15 Elections —— agreements with the state . 4 1. Initial certification elections. 5 a. Upon the filing of a petition for certification of an 6 employee organization, the board shall submit a question to 7 the public employees at an election in the bargaining unit 8 found appropriate by the board. The question on the ballot 9 shall permit the public employees to vote for no bargaining 10 representation or for any employee organization which has 11 petitioned for certification or which has presented proof 12 satisfactory to the board of support of ten thirty percent or 13 more of the public employees in the appropriate unit. 14 2. b. (1) If a majority of the votes cast on the 15 question is public employees in the bargaining unit vote for 16 no bargaining representation, the public employees in the 17 bargaining unit found appropriate by the board shall not be 18 represented by an employee organization. 19 (2) If a majority of the votes cast on the question is 20 public employees in the bargaining unit vote for a listed 21 employee organization, then that employee organization shall 22 represent the public employees in the bargaining unit found 23 appropriate by the board. 24 3. (3) If none of the choices on the ballot receive the 25 vote of a majority of the public employees voting in the 26 bargaining unit , the board shall conduct a runoff election 27 among the two choices receiving the greatest number of votes 28 the public employees in the bargaining unit found appropriate 29 by the board shall not be represented by an employee 30 organization . 31 c. The board shall not consider a petition for certification 32 of an employee organization as the exclusive representative 33 of a bargaining unit unless a period of two years has 34 elapsed from the date of the last certification election 35 -5- LSB 1725YC (20) 87 je/rj 5/ 68

H.F. _____ in which an employee organization was not certified as the 1 exclusive representative of that bargaining unit, of the 2 last retention and recertification election in which an 3 employee organization was not retained and recertified as the 4 exclusive representative of that bargaining unit, or of the 5 last decertification election in which an employee organization 6 was decertified as the exclusive representative of that 7 bargaining unit. The board shall also not consider a petition 8 for certification as the exclusive bargaining representative 9 of a bargaining unit if the bargaining unit is at that time 10 represented by a certified exclusive bargaining representative. 11 2. Retention and recertification elections. 12 a. The board shall conduct an election to retain and 13 recertify the bargaining representative of a bargaining unit 14 prior to the expiration of the bargaining unit’s collective 15 bargaining agreement. The question on the ballot shall be 16 whether the bargaining representative of the public employees 17 in the bargaining unit shall be retained and recertified as 18 the bargaining representative of the public employees in the 19 bargaining unit. For collective bargaining agreements with a 20 June 30 expiration date, the election shall occur between June 21 1 and November 1, both dates included, in the year prior to 22 that expiration date. For collective bargaining agreements 23 with a different expiration date, the election shall occur 24 between three hundred sixty-five and two hundred seventy days 25 prior to the expiration date. 26 b. (1) If a majority of the public employees in 27 the bargaining unit vote to retain and recertify the 28 representative, the board shall retain and recertify the 29 bargaining representative and the bargaining representative 30 shall continue to represent the public employees in the 31 bargaining unit. 32 (2) If a majority of the public employees in the bargaining 33 unit do not vote to retain and recertify the representative, 34 the board, after the period for filing written objections 35 -6- LSB 1725YC (20) 87 je/rj 6/ 68

H.F. _____ pursuant to subsection 4 has elapsed, shall immediately 1 decertify the representative and the public employees shall 2 not be represented by an employee organization except pursuant 3 to the filing of a subsequent petition for certification of 4 an employee organization as provided in section 20.14 and an 5 election conducted pursuant to such petition. Such written 6 objections and decertifications shall be subject to applicable 7 administrative and judicial review. 8 3. Decertification elections. 9 a. Upon the filing of a petition for decertification of an 10 employee organization, the board shall submit a question to the 11 public employees at an election in the bargaining unit found 12 appropriate by the board. The question on the ballot shall be 13 whether the bargaining representative of the public employees 14 in the bargaining unit shall be decertified as the bargaining 15 representative of public employees in the bargaining unit. 16 b. (1) If a majority of the public employees in 17 the bargaining unit vote to decertify the bargaining 18 representative, the board, after the period for filing 19 written objections pursuant to subsection 4 has elapsed, 20 shall immediately decertify the representative and the public 21 employees shall not be represented by an employee organization 22 except pursuant to the filing of a subsequent petition for 23 certification of an employee organization as provided in 24 section 20.14 and an election conducted pursuant to such 25 petition. Such written objections and decertifications shall 26 be subject to applicable administrative and judicial review. 27 (2) If a majority of the public employees in the bargaining 28 unit do not vote to decertify the bargaining representative, 29 the bargaining representative shall continue to represent the 30 public employees in the bargaining unit. 31 c. The board shall not consider a petition for 32 decertification of an employee organization unless a 33 bargaining unit’s collective bargaining agreement exceeds 34 two years in length. The board shall not schedule a 35 -7- LSB 1725YC (20) 87 je/rj 7/ 68

H.F. _____ decertification election for a bargaining unit within one 1 year of a prior certification, retention and recertification, 2 or decertification election involving the bargaining unit. 3 Unless otherwise prohibited by this paragraph, the board shall 4 schedule a decertification election not less than one hundred 5 fifty days before the expiration date of the bargaining unit’s 6 collective bargaining agreement. 7 4. Invalidation of elections. Upon written objections 8 filed by any party to public employee, public employer, or 9 employee organization involved in the election within ten days 10 after notice of the results of the election, if the board 11 finds that misconduct or other circumstances prevented the 12 public employees eligible to vote from freely expressing their 13 preferences, the board may invalidate the election and hold a 14 second election for the public employees. 15 5. Results certified. Upon completion of a valid election 16 in which the majority choice of the public employees voting in 17 the bargaining unit is determined, the board shall certify the 18 results of the election and shall give reasonable notice of the 19 order to all employee organizations listed on the ballot, the 20 public employers, and the public employees in the appropriate 21 bargaining unit. 22 6. State agreements. a. A petition for certification as 23 exclusive bargaining representative of a bargaining unit shall 24 not be considered by the board for a period of one year from 25 the date of the noncertification of an employee organization 26 as the exclusive bargaining representative of that bargaining 27 unit following a certification election. A petition for 28 certification as the exclusive bargaining representative of a 29 bargaining unit shall also not be considered by the board if 30 the bargaining unit is at that time represented by a certified 31 exclusive bargaining representative. 32 b. A petition for the decertification of the exclusive 33 bargaining representative of a bargaining unit shall not be 34 considered by the board for a period of one year from the date 35 -8- LSB 1725YC (20) 87 je/rj 8/ 68

H.F. _____ of its certification, or within one year of its continued 1 certification following a decertification election, or during 2 the duration of a collective bargaining agreement which, for 3 purposes of this section , shall be deemed not to exceed two 4 years. However, if a petition for decertification is filed 5 during the duration of a collective bargaining agreement, the 6 board shall award an election under this section not more than 7 one hundred eighty days and not less than one hundred fifty 8 days prior to the expiration of the collective bargaining 9 agreement. If an employee organization is decertified, the 10 board may receive petitions under section 20.14 , provided that 11 no such petition and no election conducted pursuant to such 12 petition within one year from decertification shall include as 13 a party the decertified employee organization. 14 c. A collective bargaining agreement with the state, its 15 boards, commissions, departments, and agencies shall be for 16 two years . and the The provisions of a collective bargaining 17 agreement or arbitrator’s award affecting state employees 18 shall not provide for renegotiations which would require the 19 refinancing of salary and fringe benefits subjects within the 20 scope of negotiations under section 20.9 for the second year 21 of the term of the agreement, except as provided in section 22 20.17, subsection 6 , and the . The effective date of any such 23 agreement shall be July 1 of odd-numbered years, provided 24 that if an exclusive bargaining representative is certified 25 on a date which will prevent the negotiation of a collective 26 bargaining agreement prior to July 1 of odd-numbered years for 27 a period of two years, the certified collective bargaining 28 representative may negotiate a one-year contract with the 29 public employer which shall be effective from July 1 of the 30 even-numbered year to July 1 of the succeeding odd-numbered 31 year when new contracts agreements shall become effective. 32 Sec. 10. Section 20.17, subsection 8, Code 2017, is amended 33 to read as follows: 34 8. a. The salaries of all public employees of the state 35 -9- LSB 1725YC (20) 87 je/rj 9/ 68

H.F. _____ under a merit system and all other fringe benefits which are 1 granted to all subjects within the scope of negotiations 2 pursuant to the provisions of section 20.9 regarding public 3 employees of the state shall be negotiated with the governor 4 or the governor’s designee on a statewide basis, except those 5 benefits which are not subject to subjects excluded from the 6 scope of negotiations pursuant to the provisions of section 7 20.9 , subsection 3 . 8 b. For the negotiation of such a proposed, statewide 9 collective bargaining agreement to become effective in the year 10 following an election described in section 39.9, a ratification 11 election referred to in section 20.17, subsection 4, shall 12 not be held, and the parties shall not request arbitration as 13 provided in section 20.22, subsection 1, until at least two 14 weeks after the date of the beginning of the term of office of 15 the governor in that year as prescribed in the Constitution 16 of the State of Iowa. On or after the beginning of the term 17 of office of the governor in that year as prescribed in the 18 Constitution of the State of Iowa, the governor shall have 19 the authority to reject such a proposed statewide collective 20 bargaining agreement. If the governor does so, the parties 21 shall commence collective bargaining in accordance with section 22 20.17. Such negotiation shall be complete not later than 23 March 15 of that year, unless the parties mutually agree to 24 a different deadline. The board shall adopt rules pursuant 25 to chapter 17A providing for alternative deadlines for the 26 completion of the procedures provided in sections 20.17, 20.19, 27 20.20, and 20.22 for negotiation of such statewide collective 28 bargaining agreements in such years, which deadlines may be 29 waived by mutual agreement of the parties. 30 Sec. 11. Section 20.17, subsection 9, Code 2017, is amended 31 by striking the subsection. 32 Sec. 12. Section 20.18, subsection 1, Code 2017, is amended 33 to read as follows: 34 1. An agreement with an employee organization which 35 -10- LSB 1725YC (20) 87 je/rj 10/ 68

H.F. _____ is the exclusive representative of public employees in an 1 appropriate unit with a majority of members who are public 2 safety employees may provide procedures for the consideration 3 of public employee and employee organization grievances over 4 the interpretation and application of agreements. Negotiated 5 Such negotiated procedures may provide for binding arbitration 6 of public employee and employee organization grievances over 7 the interpretation and application of existing agreements. An 8 arbitrator’s decision on a grievance may shall not change or 9 amend the terms, conditions, or applications of the collective 10 bargaining agreement. Such procedures shall provide for the 11 invoking of arbitration only with the approval of the employee 12 organization in all instances, and in the case of an employee 13 grievance, only with the additional approval of the public 14 employee. The costs of arbitration shall be shared equally by 15 the parties. 16 Sec. 13. Section 20.22, subsections 2, 3, 7, 8, and 9, Code 17 2017, are amended to read as follows: 18 2. Each party shall serve its final offer on each of 19 the impasse items upon the other party within four days of 20 the board’s receipt of the request for arbitration , or by a 21 deadline otherwise agreed upon by the parties . The parties may 22 continue to negotiate all offers until an agreement is reached 23 or an award is rendered by the arbitrator. The full costs of 24 arbitration under this section shall be shared equally by the 25 parties to the dispute. 26 3. The submission of the impasse items to the arbitrator 27 shall be limited to those items upon which the parties have 28 not reached agreement. With respect to each such item, the 29 arbitrator’s award shall be restricted to the final offers on 30 each impasse item submitted by the parties to the arbitrator , 31 except as provided in subsection 9, paragraph “b” . 32 7. The For an arbitration to which a bargaining unit that 33 has a majority of members who are public safety employees is a 34 party, the arbitrator shall consider and specifically address 35 -11- LSB 1725YC (20) 87 je/rj 11/ 68

H.F. _____ in the arbitrator’s decision , in addition to any other relevant 1 factors, the following factors: 2 a. Past collective bargaining contracts between the parties 3 including the bargaining that led up to such contracts. 4 b. Comparison of wages, hours and conditions of employment 5 of the involved public employees with those of other public 6 employees doing comparable work, giving consideration to 7 factors peculiar to the area and the classifications involved. 8 c. The interests and welfare of the public, the ability of 9 the public employer to finance economic adjustments and the 10 effect of such adjustments on the normal standard of services. 11 d. The power of the public employer to levy taxes and 12 appropriate funds for the conduct of its operations. 13 8. a. The arbitrator may administer oaths, examine 14 witnesses and documents, take testimony and receive evidence, 15 and issue subpoenas to compel the attendance of witnesses and 16 the production of records. The arbitrator may petition the 17 district court at the seat of government or of the county 18 in which the hearing is held to enforce the order of the 19 arbitrator compelling the attendance of witnesses and the 20 production of records. 21 b. The parties shall not introduce, and the arbitrator 22 shall not accept or consider, any direct or indirect evidence 23 regarding any subject excluded from negotiations pursuant to 24 section 20.9. 25 9. a. The arbitrator shall select within fifteen days after 26 the hearing the most reasonable offer, in the arbitrator’s 27 judgment, of the final offers on each impasse item submitted 28 by the parties. 29 b. (1) However, for an arbitration to which a bargaining 30 unit that does not have a majority of members who are public 31 safety employees is a party, with respect to any increase in 32 base wages, the arbitrator’s award shall not exceed the lesser 33 of the following percentages in any one-year period in the 34 duration of the bargaining agreement: 35 -12- LSB 1725YC (20) 87 je/rj 12/ 68

H.F. _____ (a) Three percent. 1 (b) A percentage equal to the increase in the consumer 2 price index for all urban consumers for the midwest region, 3 if any, as determined by the United States department of 4 labor, bureau of labor statistics, or a successor index. Such 5 percentage shall be the change in the consumer price index 6 for the twelve-month period beginning eighteen months prior 7 to the month in which the impasse item regarding base wages 8 was submitted to the arbitrator and ending six months prior to 9 the month in which the impasse item regarding base wages was 10 submitted to the arbitrator. 11 (2) To assist the parties in the preparation of their final 12 offers on an impasse item regarding base wages, the board 13 shall provide information to the parties regarding the change 14 in the consumer price index for all urban consumers for the 15 midwest region for any twelve-month period. The department of 16 workforce development shall assist the board in preparing such 17 information upon request. 18 Sec. 14. Section 20.22, Code 2017, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 7A. For an arbitration to which a 21 bargaining unit that does not have a majority of members who 22 are public safety employees is a party, the following shall 23 apply: 24 a. The arbitrator shall consider and specifically address 25 in the arbitrator’s determination, in addition to any other 26 relevant factors, the following factors: 27 (1) Comparison of base wages, hours, and conditions of 28 employment of the involved public employees with those of other 29 public employees doing comparable work, giving consideration to 30 factors peculiar to the area and the classifications involved. 31 To the extent adequate, applicable data is available, 32 the arbitrator shall also compare base wages, hours, and 33 conditions of employment of the involved public employees 34 with those of private sector employees doing comparable work, 35 -13- LSB 1725YC (20) 87 je/rj 13/ 68

H.F. _____ giving consideration to factors peculiar to the area and the 1 classifications involved. 2 (2) The interests and welfare of the public. 3 (3) The financial ability of the employer to meet the cost 4 of an offer in light of the current economic conditions of the 5 public employer. The arbitrator shall give substantial weight 6 to evidence that the public employer’s authority to utilize 7 funds is restricted to special purposes or circumstances 8 by state or federal law, rules, regulations, or grant 9 requirements. 10 b. The arbitrator shall not consider the following factors: 11 (1) Past collective bargaining agreements between the 12 parties or bargaining that led to such agreements. 13 (2) The public employer’s ability to fund an award through 14 the increase or imposition of new taxes, fees, or charges, or 15 to develop other sources of revenues. 16 Sec. 15. Section 20.26, unnumbered paragraph 4, Code 2017, 17 is amended to read as follows: 18 Nothing in this section shall be construed to prohibit 19 voluntary contributions by individuals to political parties 20 or candidates , provided that such contributions are not made 21 through payroll deductions . 22 Sec. 16. Section 20.29, Code 2017, is amended to read as 23 follows: 24 20.29 Filing agreement —— public access —— internet site . 25 1. Copies of collective bargaining agreements entered 26 into between the state and the state employees’ bargaining 27 representatives and made final under this chapter shall be 28 filed with the secretary of state and be made available to the 29 public at cost. 30 2. The board shall maintain an internet site that allows 31 searchable access to a database of collective bargaining 32 agreements and other collective bargaining information. 33 Sec. 17. Section 20.30, Code 2017, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -14- LSB 1725YC (20) 87 je/rj 14/ 68

H.F. _____ 20.30 Supervisory member —— no reduction before retirement. 1 A supervisory member of any department or agency employed by 2 the state of Iowa shall not be granted a voluntary reduction 3 to a nonsupervisory rank or grade during the thirty-six 4 months preceding retirement of the member. A member of any 5 department or agency employed by the state of Iowa who retires 6 in less than thirty-six months after voluntarily requesting and 7 receiving a reduction in rank or grade from a supervisory to a 8 nonsupervisory position shall be ineligible for a benefit to 9 which the member is entitled as a nonsupervisory member but is 10 not entitled as a supervisory member. 11 Sec. 18. Section 20.31, subsection 2, unnumbered paragraph 12 1, Code 2017, is amended to read as follows: 13 A mediator shall not be required to testify in any judicial, 14 administrative, arbitration, or grievance proceeding regarding 15 any matters occurring in the course of a mediation, including 16 any verbal or written communication or behavior, other than 17 facts relating exclusively to the timing or scheduling of 18 mediation. A mediator shall not be required to produce or 19 disclose any documents, including notes, memoranda, or other 20 work product, relating to mediation, other than documents 21 relating exclusively to the timing or scheduling of mediation. 22 This subsection shall not apply in any of the following 23 circumstances: 24 Sec. 19. Section 22.7, subsection 69, Code 2017, is amended 25 to read as follows: 26 69. The evidence of public employee support for 27 the certification , retention and recertification, or 28 decertification of an employee organization as defined in 29 section 20.3 that is submitted to the public employment 30 relations board as provided in sections section 20.14 and or 31 20.15 . 32 Sec. 20. Section 22.7, Code 2017, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 70. Information indicating whether 35 -15- LSB 1725YC (20) 87 je/rj 15/ 68

H.F. _____ a public employee voted in a certification, retention and 1 recertification, or decertification election held pursuant to 2 section 20.15 or how the employee voted on any question on a 3 ballot in such an election. 4 Sec. 21. Section 70A.17A, subsection 3, Code 2017, is 5 amended by striking the subsection. 6 Sec. 22. Section 70A.19, Code 2017, is amended by striking 7 the section and inserting in lieu thereof the following: 8 70A.19 Payroll deduction for employee organization dues 9 prohibited. 10 The state, a state agency, a regents institution, a board of 11 directors of a school district, a community college, or an area 12 education agency, a county board of supervisors, a governing 13 body of a city, or any other public employer as defined in 14 section 20.3 shall not authorize or administer a deduction from 15 the salaries or wages of its employees for membership dues to 16 an employee organization as defined in section 20.3. 17 Sec. 23. Section 412.2, subsection 1, Code 2017, is amended 18 to read as follows: 19 1. From the proceeds of the assessments on the wages 20 and salaries of employees, of any such waterworks system, 21 or other municipally owned and operated public utility, 22 eligible to receive the benefits thereof. Notwithstanding 23 any provisions of section 20.9 to the contrary, a council, 24 board of waterworks, or other board or commission which 25 establishes a pension and annuity retirement system pursuant to 26 this chapter , shall negotiate in good faith with a certified 27 employee organization as defined in section 20.3 , which is the 28 collective bargaining representative of the employees, with 29 respect to the amount or rate of the assessment on the wages 30 and salaries of employees and the method or methods for payment 31 of the assessment by the employees. 32 Sec. 24. Section 602.1401, subsection 3, paragraph b, Code 33 2017, is amended to read as follows: 34 b. For purposes of chapter 20 , the certified representative, 35 -16- LSB 1725YC (20) 87 je/rj 16/ 68

H.F. _____ which on July 1, 1983, represents employees who become judicial 1 branch employees as a result of 1983 Iowa Acts, ch. 186, shall 2 remain the certified representative when the employees become 3 judicial branch employees and thereafter, unless the public 4 employee organization is not retained and recertified or is 5 decertified in an election held under section 20.15 or amended 6 or absorbed into another certified organization pursuant to 7 chapter 20 . Collective bargaining negotiations shall be 8 conducted on a statewide basis and the certified employee 9 organizations which engage in bargaining shall negotiate on a 10 statewide basis, although bargaining units shall be organized 11 by judicial district. The public employment relations board 12 shall adopt rules pursuant to chapter 17A to implement this 13 subsection . 14 Sec. 25. TRANSITION PROCEDURES —— EMERGENCY RULES. 15 1. As of the effective date of this division of this Act, 16 parties, mediators, and arbitrators engaging in any collective 17 bargaining procedures provided for in chapter 20, Code 2017, 18 who have not, before the effective date of this division 19 of this Act, completed such procedures, shall immediately 20 terminate any such procedures in process. A collective 21 bargaining agreement negotiated pursuant to such procedures in 22 process shall not become effective. Parties, mediators, and 23 arbitrators shall not engage in further collective bargaining 24 procedures except as provided in this section. Such parties, 25 on or after the effective date of this division of this Act, 26 may commence collective bargaining in accordance with section 27 20.17, as amended in this division of this Act. If such 28 parties include a state public employer and a state employee 29 organization, negotiation of a proposed collective bargaining 30 agreement to become effective during the remainder of calendar 31 year 2017 shall be complete not later than March 15, 2017, 32 unless the parties mutually agree to a different deadline. 33 If such parties include public employees represented by a 34 certified employee organization who are employed by a public 35 -17- LSB 1725YC (20) 87 je/rj 17/ 68

H.F. _____ employer which is a school district, area education agency, 1 or community college, negotiation of a proposed collective 2 bargaining agreement to become effective during the remainder 3 of calendar year 2017 shall be complete not later than June 4 30, 2017, unless the parties mutually agree to a different 5 deadline. 6 2. The public employment relations board shall adopt 7 emergency rules under section 17A.4, subsection 3, and section 8 17A.5, subsection 2, paragraph “b”, to provide for procedures 9 as deemed necessary to implement the provisions of this section 10 and the rules shall be effective immediately upon filing 11 unless a later date is specified in the rules. Such rules 12 shall include but are not limited to alternative deadlines for 13 completion of the procedures provided in sections 20.17 and 14 20.22, as amended by this division of this Act, and sections 15 20.19 and 20.20, which deadlines may be waived by mutual 16 agreement of the parties. 17 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this 18 Act, being deemed of immediate importance, takes effect upon 19 enactment. 20 Sec. 27. APPLICABILITY. 21 1. With the exception of the section of this division of 22 this Act amending section 20.6, subsection 1, this division of 23 this Act does not apply to collective bargaining agreements 24 which have been ratified in a ratification election referred 25 to in section 20.17, subsection 4, for which an arbitrator 26 has made a final determination as described in section 20.22, 27 subsection 11, or which have become effective, where such 28 events occurred before the effective date of this division of 29 this Act. This division of this Act applies to all collective 30 bargaining procedures provided for in chapter 20 occurring 31 on and after the effective date of this division of this Act 32 and collective bargaining agreements for which a ratification 33 election referred to in section 20.17, subsection 4, is 34 held, for which an arbitrator makes a final determination as 35 -18- LSB 1725YC (20) 87 je/rj 18/ 68