Senate File 2270 - Introduced SENATE FILE 2270 BY BERTRAND A BILL FOR An Act concerning public employee organization elections 1 conducted by the public employment relations board and 2 including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5819XS (3) 87 je/rj
S.F. 2270 Section 1. Section 20.15, subsection 1, paragraph b, Code 1 2018, is amended to read as follows: 2 b. (1) If a majority of the public employees in the 3 bargaining unit vote votes cast are for no bargaining 4 representation, the public employees in the bargaining unit 5 found appropriate by the board shall not be represented by an 6 employee organization. 7 (2) If a majority of the public employees in the bargaining 8 unit vote votes cast are for a listed employee organization, 9 then that employee organization shall represent the public 10 employees in the bargaining unit found appropriate by the 11 board. 12 (3) If none of the choices on the ballot receive the 13 vote of a majority of the public employees in the bargaining 14 unit votes cast , the public employees in the bargaining unit 15 found appropriate by the board shall not be represented by an 16 employee organization. 17 Sec. 2. Section 20.15, subsection 2, Code 2018, is amended 18 to read as follows: 19 2. Retention and recertification elections. 20 a. The Beginning January 1, 2020, the board shall conduct 21 an election every five years to retain and recertify the 22 bargaining representative of a each bargaining unit prior to 23 the expiration of the bargaining unit’s that is a party to 24 a collective bargaining agreement. The board shall schedule 25 such an election for each bargaining unit that is a party to a 26 collective bargaining unit as of January 1 of the calendar year 27 in which the election will be conducted. The board may stagger 28 the dates of such elections throughout the calendar year. 29 The question on the ballot shall be whether the bargaining 30 representative of the public employees in the bargaining 31 unit shall be retained and recertified as the bargaining 32 representative of the public employees in the bargaining unit. 33 For collective bargaining agreements with a June 30 expiration 34 date, the election shall occur between June 1 and November 35 -1- LSB 5819XS (3) 87 je/rj 1/ 4
S.F. 2270 1, both dates included, in the year prior to that expiration 1 date. For collective bargaining agreements with a different 2 expiration date, the election shall occur between three hundred 3 sixty-five and two hundred seventy days prior to the expiration 4 date. 5 b. (1) If a majority of the public employees in the 6 bargaining unit vote votes cast are to retain and recertify 7 the representative, the board shall retain and recertify the 8 bargaining representative and the bargaining representative 9 shall continue to represent the public employees in the 10 bargaining unit. 11 (2) If there is not a majority of the public employees 12 in the bargaining unit do not vote votes cast to retain and 13 recertify the representative, the board, after the period for 14 filing written objections pursuant to subsection 4 has elapsed, 15 shall immediately decertify the representative and the public 16 employees shall not be represented by an employee organization 17 except pursuant to the filing of a subsequent petition for 18 certification of an employee organization as provided in 19 section 20.14 and an election conducted pursuant to such 20 petition. Such written objections and decertifications shall 21 be subject to applicable administrative and judicial review. 22 Sec. 3. Section 20.15, subsection 3, paragraph b, Code 2018, 23 is amended to read as follows: 24 b. (1) If a majority of the public employees in the 25 bargaining unit vote votes cast are to decertify the bargaining 26 representative, the board, after the period for filing 27 written objections pursuant to subsection 4 has elapsed, 28 shall immediately decertify the representative and the public 29 employees shall not be represented by an employee organization 30 except pursuant to the filing of a subsequent petition for 31 certification of an employee organization as provided in 32 section 20.14 and an election conducted pursuant to such 33 petition. Such written objections and decertifications shall 34 be subject to applicable administrative and judicial review. 35 -2- LSB 5819XS (3) 87 je/rj 2/ 4
S.F. 2270 (2) If there is not a majority of the public employees in 1 the bargaining unit do not vote votes cast to decertify the 2 bargaining representative, the bargaining representative shall 3 continue to represent the public employees in the bargaining 4 unit. 5 Sec. 4. Section 20.15, subsection 5, Code 2018, is amended 6 to read as follows: 7 5. Results certified. Upon completion of a valid election 8 in which the majority choice of the public employees in the 9 bargaining unit voting in the election is determined, the 10 board shall certify the results of the election and shall give 11 reasonable notice of the order to all employee organizations 12 listed on the ballot, the public employers, and the public 13 employees in the appropriate bargaining unit. 14 Sec. 5. DIRECTIVE TO PUBLIC EMPLOYMENT RELATIONS BOARD. The 15 public employment relations board shall cancel any elections 16 scheduled or in process pursuant to section 20.15, subsection 17 2, paragraph “a”, Code 2018, as of the effective date of this 18 Act, that do not comply with the scheduling requirements of 19 section 20.15, subsection 2, paragraph “a”, as amended by this 20 Act. 21 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 22 importance, takes effect upon enactment. 23 Sec. 7. APPLICABILITY. This Act applies on and after 24 the effective date of this Act to all elections carried out 25 pursuant to section 20.15. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill makes changes relating to public employee 30 organization elections for collective bargaining units 31 conducted by the public employment relations board pursuant to 32 Code section 20.15. 33 The bill changes the required percentage of support from 34 public employees in a collective bargaining unit voting 35 -3- LSB 5819XS (3) 87 je/rj 3/ 4
S.F. 2270 in a certification, retention and recertification, or 1 decertification election for the question on the ballot to 2 pass. Under current law, a question on a ballot in such an 3 election will only pass if a majority of the members of the 4 bargaining unit vote in support of the question. The bill 5 provides that a question on a ballot will pass if a majority of 6 the votes cast are in support of the question. 7 The bill also changes the scheduling requirements for 8 retention and recertification elections. Current law requires 9 that such elections be scheduled a certain period of time prior 10 to the expiration of each collective bargaining agreement. The 11 bill requires that such elections be conducted every five years 12 beginning January 1, 2020, for each bargaining unit that is a 13 party to a collective bargaining unit as of January 1 of the 14 year in which the elections will be held. The bill requires 15 the public employment relations board to cancel any such 16 elections scheduled as of the effective date of the bill that 17 do not comply with the scheduling requirements of the bill. 18 The bill takes effect upon enactment and applies to all 19 elections carried out pursuant to Code section 20.15 on and 20 after the effective date of the bill. 21 -4- LSB 5819XS (3) 87 je/rj 4/ 4