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
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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
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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.
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(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
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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.
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