Senate Study Bill 3158 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON WORKFORCE BILL BY CHAIRPERSON DICKEY) A BILL FOR An Act relating to retention and recertification elections for 1 public employee collective bargaining units and including 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5521XC (5) 90 je/js

S.F. _____ Section 1. Section 20.15, subsection 2, paragraph a, Code 1 2024, is amended to read as follows: 2 a. (1) The board shall conduct an election to retain and 3 recertify the bargaining representative of a bargaining unit 4 prior to the expiration of the bargaining unit’s collective 5 bargaining agreement. The question on the ballot shall be 6 whether the bargaining representative of the public employees 7 in the bargaining unit shall be retained and recertified as 8 the bargaining representative of the public employees in the 9 bargaining unit. 10 (2) For collective bargaining agreements with a June 30 11 expiration date, the election shall occur between June 1 and 12 November 1, both dates included, in the year prior to that 13 expiration date. For collective bargaining agreements with a 14 different expiration date, the election shall occur between 15 three hundred sixty-five and two hundred seventy days prior to 16 the expiration date. 17 (3) Prior to conducting an election under this paragraph, 18 the board shall issue a written notice of intent to conduct 19 an election to the public employer and the bargaining 20 representative. The public employer, after receiving such 21 notice, shall submit to the board a list of employees in the 22 bargaining unit within ten days. The board shall utilize the 23 submitted list to determine the employees eligible to vote 24 in the election and the outcome of the election as provided 25 in paragraph “b” . The board shall establish procedures for 26 filing an objection to the board concerning a notice of intent 27 to conduct an election or a list of employees in a bargaining 28 unit. 29 (4) If the public employer fails to submit a list of 30 employees to the board as required by subparagraph (3), the 31 board shall issue written notice of the failure to the public 32 employer and the bargaining representative. Five days after 33 issuance of such notice, the board shall immediately decertify 34 the representative and the public employees shall not be 35 -1- LSB 5521XC (5) 90 je/js 1/ 4

S.F. _____ represented by an employee organization except pursuant to 1 the filing of a subsequent petition for certification of an 2 employee organization as provided in section 20.14 and an 3 election conducted pursuant to such petition. 4 (5) The board shall not decertify the bargaining 5 representative under subparagraph (4) if within the five-day 6 period provided in subparagraph (4), either of the following 7 occurs: 8 (a) The public employer submits to the board a list of 9 employees in the bargaining unit as required by subparagraph 10 (3). 11 (b) The bargaining unit or the bargaining representative 12 petitions the district court to require the public employer to 13 submit to the board a list of employees in the bargaining unit 14 as required by subparagraph (3). The bargaining representative 15 shall immediately notify the board in writing when the petition 16 is filed. The petition may be filed in the district court 17 at the seat of government or in the county where the alleged 18 violation of subparagraph (3) occurred. The district court 19 shall expedite resolution of the petition, and the board may 20 extend the timelines provided in subparagraph (2) for carrying 21 out an election as needed to allow for resolution of the 22 petition and any resulting appeals. If the bargaining unit or 23 the bargaining representative prevails, the court shall award 24 court costs and reasonable attorney fees to the bargaining unit 25 or the bargaining representative. 26 (6) The board shall adopt rules pursuant to chapter 17A 27 establishing procedures and timelines applicable to this 28 subsection, including but not limited to procedures for 29 extending the timelines provided in subparagraph (2) as 30 described in subparagraph (5). 31 Sec. 2. APPLICABILITY. This Act applies to a retention and 32 recertification election under section 20.15, subsection 2, for 33 which the date of issuance of a notice of intent to conduct an 34 election by the public employment relations board occurs on or 35 -2- LSB 5521XC (5) 90 je/js 2/ 4

S.F. _____ after the effective date of this Act. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to retention and recertification elections 5 for public employee collective bargaining units conducted by 6 the public employment relations board (PERB). 7 The bill requires the PERB to issue a written notice of 8 intent to conduct such an election to the public employer 9 and the bargaining representative prior to conducting the 10 election. The bill requires a public employer, after receiving 11 such notice, to submit to the PERB a list of employees in the 12 bargaining unit within 10 days. The PERB shall utilize the 13 submitted list to determine the employees eligible to vote in 14 the election and the outcome of the election. 15 If the public employer fails to submit a list of employees to 16 the PERB, the bill requires the PERB to issue written notice 17 of the failure to the public employer and the bargaining 18 representative. Five days after issuance of such notice, 19 the PERB shall immediately decertify the representative and 20 the public employees shall not be represented by an employee 21 organization except pursuant to the filing of a subsequent 22 petition for certification of an employee organization and an 23 election conducted pursuant to the petition. 24 The bill provides that the PERB shall not decertify the 25 bargaining representative if within the five-day period, either 26 of two specified actions occurs. The first is the public 27 employer submitting to the PERB a list of employees in the 28 bargaining unit. The second is the bargaining unit or the 29 bargaining representative petitioning the district court to 30 require the public employer to submit to the PERB a list of 31 employees in the bargaining unit. The district court shall 32 expedite resolution of the petition, and the PERB may extend 33 the timelines for carrying out an election as needed to allow 34 for resolution of the petition and any resulting appeals. If 35 -3- LSB 5521XC (5) 90 je/js 3/ 4

S.F. _____ the bargaining unit or the bargaining representative prevails, 1 the court shall award court costs and reasonable attorney fees 2 to the bargaining unit or the bargaining representative. 3 The bill requires the PERB to adopt rules establishing 4 applicable procedures and timelines, including but not limited 5 to procedures for extending the timelines in which the election 6 must be held. 7 The bill applies to a retention and recertification election 8 for which the date of issuance of a notice of intent to conduct 9 an election by the PERB occurs on or after the effective date 10 of the bill. 11 -4- LSB 5521XC (5) 90 je/js 4/ 4