SSB 3158 (LSB 5521XC (5) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON WORKFORCE BILL BY CHAIRPERSON DICKEY)

A BILL FOR

An Act relating to retention and recertification elections for public employee collective bargaining units and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 20.15, subsection 2, paragraph a, Code 2024, is amended to read as follows:
   a.  (1)  The board shall conduct an election to retain and recertify the bargaining representative of a bargaining unit prior to the expiration of the bargaining unit’s collective bargaining agreement. The question on the ballot shall be whether the bargaining representative of the public employees in the bargaining unit shall be retained and recertified as the bargaining representative of the public employees in the bargaining unit.
   (2)  For collective bargaining agreements with a June 30 expiration date, the election shall occur between June 1 and November 1, both dates included, in the year prior to that expiration date. For collective bargaining agreements with a different expiration date, the election shall occur between three hundred sixty-five and two hundred seventy days prior to the expiration date.
   (3)  Prior to conducting an election under this paragraph, the board shall issue a written notice of intent to conduct an election to the public employer and the bargaining representative. The public employer, after receiving such notice, shall submit to the board a list of employees in the bargaining unit within ten days. The board shall utilize the submitted list to determine the employees eligible to vote in the election and the outcome of the election as provided in paragraph “b”. The board shall establish procedures for filing an objection to the board concerning a notice of intent to conduct an election or a list of employees in a bargaining unit.
   (4)  If the public employer fails to submit a list of employees to the board as required by subparagraph (3), the board shall issue written notice of the failure to the public employer and the bargaining representative. Five days after issuance of such notice, the board shall immediately decertify the representative and the public employees shall not be represented by an employee organization except pursuant to the filing of a subsequent petition for certification of an employee organization as provided in section 20.14 and an election conducted pursuant to such petition.
   (5)  The board shall not decertify the bargaining representative under subparagraph (4) if within the five-day period provided in subparagraph (4), either of the following occurs:
   (a)  The public employer submits to the board a list of employees in the bargaining unit as required by subparagraph (3).
   (b)  The bargaining unit or the bargaining representative petitions the district court to require the public employer to submit to the board a list of employees in the bargaining unit as required by subparagraph (3). The bargaining representative shall immediately notify the board in writing when the petition is filed. The petition may be filed in the district court at the seat of government or in the county where the alleged violation of subparagraph (3) occurred. The district court shall expedite resolution of the petition, and the board may extend the timelines provided in subparagraph (2) for carrying out an election as needed to allow for resolution of the petition and any resulting appeals. If the bargaining unit or the bargaining representative prevails, the court shall award court costs and reasonable attorney fees to the bargaining unit or the bargaining representative.
   (6)  The board shall adopt rules pursuant to chapter 17A establishing procedures and timelines applicable to this subsection, including but not limited to procedures for extending the timelines provided in subparagraph (2) as described in subparagraph (5).
    Sec. 2.  APPLICABILITY.  This Act applies to a retention and recertification election under section 20.15, subsection 2, for which the date of issuance of a notice of intent to conduct an election by the public employment relations board occurs on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to retention and recertification elections for public employee collective bargaining units conducted by the public employment relations board (PERB).
   The bill requires the PERB to issue a written notice of intent to conduct such an election to the public employer and the bargaining representative prior to conducting the election. The bill requires a public employer, after receiving such notice, to submit to the PERB a list of employees in the bargaining unit within 10 days. The PERB shall utilize the submitted list to determine the employees eligible to vote in the election and the outcome of the election.
   If the public employer fails to submit a list of employees to the PERB, the bill requires the PERB to issue written notice of the failure to the public employer and the bargaining representative. Five days after issuance of such notice, the PERB shall immediately decertify the representative and the public employees shall not be represented by an employee organization except pursuant to the filing of a subsequent petition for certification of an employee organization and an election conducted pursuant to the petition.
   The bill provides that the PERB shall not decertify the bargaining representative if within the five-day period, either of two specified actions occurs. The first is the public employer submitting to the PERB a list of employees in the bargaining unit. The second is the bargaining unit or the bargaining representative petitioning the district court to require the public employer to submit to the PERB a list of employees in the bargaining unit. The district court shall expedite resolution of the petition, and the PERB may extend the timelines for carrying out an election as needed to allow for resolution of the petition and any resulting appeals. If the bargaining unit or the bargaining representative prevails, the court shall award court costs and reasonable attorney fees to the bargaining unit or the bargaining representative.
   The bill requires the PERB to adopt rules establishing applicable procedures and timelines, including but not limited to procedures for extending the timelines in which the election must be held.
   The bill applies to a retention and recertification election for which the date of issuance of a notice of intent to conduct an election by the PERB occurs on or after the effective date of the bill.