Senate File 313
SENATE FILE
BY COMMITTEE ON BUSINESS
AND LABOR RELATIONS
(SUCCESSOR TO SSB 1118)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning public employee collective bargaining.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 2863SV 80
4 ec/cf/24
PAG LIN
1 1 Section 1. Section 20.1, subsection 7, Code 2003, is
1 2 amended to read as follows:
1 3 7. Assisting the attorney general in the preparation of
1 4 Preparing legal briefs and the presentation of presenting oral
1 5 arguments in the district court, the court of appeals, and the
1 6 supreme court in cases affecting the board.
1 7 Sec. 2. Section 20.1, Code 2003, is amended by adding the
1 8 following new subsection:
1 9 NEW SUBSECTION. 8. Providing mediators to assist in the
1 10 resolution of grievances arising under collective bargaining
1 11 and providing training and facilitation for cooperative
1 12 alternative bargaining and dispute resolution processes at the
1 13 discretion of the board and upon joint request of the parties
1 14 involved.
1 15 Sec. 3. Section 20.3, subsection 4, Code 2003, is amended
1 16 to read as follows:
1 17 4. "Employee organization" means an organization of any
1 18 kind in which public employees participate and which exists
1 19 for the primary purpose of representing public employees in
1 20 their employment relations.
1 21 Sec. 4. Section 20.5, subsection 5, Code 2003, is amended
1 22 to read as follows:
1 23 5. Members of the board and other employees of the board
1 24 shall be allowed their actual and necessary expenses incurred
1 25 in the performance of their duties. All expenses and salaries
1 26 shall be paid from appropriations for such purposes and the
1 27 board shall be subject to the budget requirements of chapter
1 28 8.
1 29 Sec. 5. Section 20.6, subsection 2, Code 2003, is amended
1 30 to read as follows:
1 31 2. Collect, for public employers other than the state and
1 32 its boards, commissions, departments, and agencies, data and
1 33 conduct studies relating to total compensation, including
1 34 wages, hours, benefits and other terms and conditions of
1 35 public employment and make the same available to any
2 1 interested person or organization.
2 2 Sec. 6. Section 20.6, subsection 3, Code 2003, is amended
2 3 to read as follows:
2 4 3. Establish minimum qualifications for arbitrators, fact=
2 5 finders, and mediators, establish procedures for appointing,
2 6 maintaining, and removing from a list persons representative
2 7 of the public to be available to serve as arbitrators, fact=
2 8 finders, and mediators, and establish compensation rates for
2 9 arbitrators, fact=finders, and mediators.
2 10 Sec. 7. Section 20.10, subsection 2, paragraph f, Code
2 11 2003, is amended to read as follows:
2 12 f. Deny the rights accompanying certification or exclusive
2 13 recognition granted in this chapter.
2 14 Sec. 8. Section 20.10, subsection 3, paragraph b, Code
2 15 2003, is amended to read as follows:
2 16 b. Interfere, restrain, or coerce a public employer with
2 17 respect to rights granted in this chapter or with respect to
2 18 selecting a representative for the purposes of negotiating
2 19 collectively on or the adjustment of grievances.
2 20 Sec. 9. Section 20.10, subsection 3, paragraph f, Code
2 21 2003, is amended to read as follows:
2 22 f. Violate the provisions of sections 732.1 to 732.3,
2 23 which are hereby made applicable to public employers, public
2 24 employees and public employee organizations.
2 25 Sec. 10. Section 20.10, subsection 4, Code 2003, is
2 26 amended to read as follows:
2 27 4. The expressing of any views, argument or opinion, or
2 28 the dissemination thereof, whether orally or in written,
2 29 printed, graphic, or visual form, shall not constitute or be
2 30 evidence of any unfair labor prohibited practice under any of
2 31 the provisions of this chapter, if such expression contains no
2 32 threat of reprisal or force or promise of benefit.
2 33 Sec. 11. Section 20.11, subsections 1, 2, and 3, Code
2 34 2003, are amended to read as follows:
2 35 1. Proceedings against a party alleging a violation of
3 1 section 20.10, shall be commenced by filing a complaint with
3 2 the board within ninety days of the alleged violation causing
3 3 a copy of the complaint to be served upon the accused party in
3 4 the manner of an original notice as provided in this chapter.
3 5 The accused party shall have ten days within which to file a
3 6 written answer to the complaint. However, the board may
3 7 conduct a preliminary investigation of the alleged violation,
3 8 and if the board determines that the complaint has no basis in
3 9 fact, the board may dismiss the complaint. The board shall
3 10 promptly thereafter set a time and place for hearing in the
3 11 county where the alleged violation occurred, provided,
3 12 however, that the presiding officer may conduct the hearing
3 13 through the use of technology from a remote location. The
3 14 parties shall be permitted to be represented by counsel,
3 15 summon witnesses, and request the board to subpoena witnesses
3 16 on the requester's behalf. Compliance with the technical
3 17 rules of pleading and evidence shall not be required.
3 18 2. The board may designate one of its members, an
3 19 administrative law judge, or any other qualified person
3 20 employed by the board to conduct serve as the presiding
3 21 officer at the hearing. The administrative law judge
3 22 presiding officer has the powers as may be exercised by the
3 23 board for conducting the hearing and shall follow the
3 24 procedures adopted by the board for conducting the hearing.
3 25 The proposed decision of the administrative law judge
3 26 presiding officer may be appealed to the board and the board
3 27 may hear the case de novo or upon the record as submitted
3 28 before the administrative law judge, utilizing procedures
3 29 governing appeals to the district court in this section so far
3 30 as applicable, or reviewed on motion of the board, in
3 31 accordance with the provisions of chapter 17A.
3 32 3. The board shall appoint a certified shorthand reporter
3 33 to report the proceedings and the board shall fix the
3 34 reasonable amount of compensation for such service, and for
3 35 any transcript requested by the board, which amount amounts
4 1 shall be taxed as other costs.
4 2 Sec. 12. Section 20.13, subsections 2 and 3, Code 2003,
4 3 are amended to read as follows:
4 4 2. Within thirty days of receipt of a petition or notice
4 5 to all interested parties if on its own initiative, the board
4 6 shall conduct a public hearing, receive written or oral
4 7 testimony, and promptly thereafter file an order defining the
4 8 appropriate bargaining unit. In defining the unit, the board
4 9 shall take into consideration, along with other relevant
4 10 factors, the principles of efficient administration of
4 11 government, the existence of a community of interest among
4 12 public employees, the history and extent of public employee
4 13 organization, geographical location, and the recommendations
4 14 of the parties involved.
4 15 3. Appeals from such order shall be governed by appeal
4 16 provisions provided in section 20.11 the provisions of chapter
4 17 17A.
4 18 Sec. 13. Section 20.14, subsection 2, paragraph a, Code
4 19 2003, is amended to read as follows:
4 20 a. The employee organization has submitted a request to a
4 21 public employer to bargain collectively with on behalf of a
4 22 designated group of public employees.
4 23 Sec. 14. Section 20.14, subsection 6, Code 2003, is
4 24 amended by striking the subsection.
4 25 Sec. 15. Section 20.15, subsections 1, 2, and 6, Code
4 26 2003, are amended to read as follows:
4 27 1. Upon the filing of a petition for certification of an
4 28 employee organization, the board shall submit a question to
4 29 the public employees at an election in an the appropriate
4 30 bargaining unit. The question on the ballot shall permit the
4 31 public employees to vote for no bargaining representation or
4 32 for any employee organization which has petitioned for
4 33 certification or which has presented proof satisfactory to the
4 34 board of support of ten percent or more of the public
4 35 employees in the appropriate unit.
5 1 2. If a majority of the votes cast on the question is for
5 2 no bargaining representation, the public employees in the
5 3 bargaining unit shall not be represented by an employee
5 4 organization. If a majority of the votes cast on the question
5 5 is for a listed employee organization, then the that employee
5 6 organization shall represent the public employees in an
5 7 appropriate the bargaining unit.
5 8 6. A petition for certification as an exclusive bargaining
5 9 representative, or a petition for decertification of a
5 10 certified bargaining representative, shall not be considered
5 11 by the board for a period of one year from the date of the
5 12 certification or noncertification of an employee organization
5 13 as an exclusive bargaining representative or. The board shall
5 14 also not consider a petition for decertification of an
5 15 exclusive bargaining representative during the duration of a
5 16 collective bargaining agreement which, for purposes of this
5 17 section, shall be deemed not to exceed two years. A
5 18 collective bargaining agreement with the state, its boards,
5 19 commissions, departments, and agencies shall be for two years
5 20 and the provisions of a collective bargaining agreement except
5 21 agreements agreed to or tentatively agreed to prior to July 1,
5 22 1977, or arbitrators' arbitrator's award affecting state
5 23 employees shall not provide for renegotiations which would
5 24 require the refinancing of salary and fringe benefits for the
5 25 second year of the term of the agreement, except as provided
5 26 in section 20.17, subsection 6, and the effective date of any
5 27 such agreement shall be July 1 of odd=numbered years, provided
5 28 that if an exclusive bargaining representative is certified on
5 29 a date which will prevent the negotiation of a collective
5 30 bargaining agreement prior to July 1 of odd=numbered years for
5 31 a period of two years, the certified collective bargaining
5 32 representative may negotiate a one=year contract with a public
5 33 employer which shall be effective from July 1 of the even=
5 34 numbered year to July 1 of the succeeding odd=numbered year
5 35 when new contracts shall become effective. However, if a
6 1 petition for decertification is filed during the duration of a
6 2 collective bargaining agreement, the board shall award an
6 3 election under this section not more than one hundred eighty
6 4 days nor less than one hundred fifty days prior to the
6 5 expiration of the collective bargaining agreement. If an
6 6 employee organization is decertified, the board may receive
6 7 petitions under section 20.14, provided that no such petition
6 8 and no election conducted pursuant to such petition within one
6 9 year from decertification shall include as a party the
6 10 decertified employee organization.
6 11 Sec. 16. NEW SECTION. 20.16A BARGAINING FACTORS.
6 12 The public employer and the certified employee organization
6 13 shall consider, in addition to any other relevant factors, the
6 14 following bargaining factors in negotiating a collective
6 15 bargaining agreement under this chapter:
6 16 1. Past collective bargaining contracts between the
6 17 parties including the bargaining that led up to such
6 18 contracts.
6 19 2. Comparison of the total compensation, including wages,
6 20 hours, benefits, and conditions of employment of the involved
6 21 public employees with those of private sector employees, based
6 22 upon the employment and wages annual averages report issued by
6 23 the United States department of labor, bureau of labor
6 24 statistics, and other public employees doing comparable work,
6 25 giving consideration to factors peculiar to the area and the
6 26 classifications involved.
6 27 3. Consideration of the economic cost of each item of a
6 28 proposed collective bargaining agreement and the relationship
6 29 of the cost of each item to the total economic cost of a
6 30 proposed collective bargaining agreement.
6 31 4. The interests and welfare of the public and the effect
6 32 on the public employer of financing economic adjustments in a
6 33 collective bargaining agreement on the normal standard of
6 34 services.
6 35 5. The ability of the public employer to finance economic
7 1 adjustments; provided, however, that the employer's ability to
7 2 finance economic adjustments shall not be predicated on the
7 3 premise that the employer may increase or impose new taxes,
7 4 fees, or charges, use funds collected and otherwise dedicated
7 5 by law for a special or restricted purpose, or develop other
7 6 sources of revenue.
7 7 6. The present and anticipated future economic conditions
7 8 that may impact the financing of economic adjustments,
7 9 including consideration of the public employer's financial
7 10 condition and the general economic condition of the state.
7 11 Sec. 17. Section 20.17, subsection 3, Code 2003, is
7 12 amended to read as follows:
7 13 3. Negotiating sessions, strategy meetings of public
7 14 employers or employee organizations, mediation and the
7 15 deliberative process of arbitrators an arbitrator shall be
7 16 exempt from the provisions of chapter 21. However, the
7 17 employee organization shall present its initial bargaining
7 18 position to the public employer at the first bargaining
7 19 session. The public employer shall present its initial
7 20 bargaining position to the employee organization at the second
7 21 bargaining session, which shall be held no later than two
7 22 weeks following the first bargaining session. Both sessions
7 23 shall be open to the public and subject to the provisions of
7 24 chapter 21. Parties who by agreement are utilizing a
7 25 cooperative alternative bargaining process may exchange their
7 26 respective initial interest statements in lieu of initial
7 27 bargaining positions at these open sessions and shall make
7 28 minutes or summaries of subsequent sessions available to the
7 29 public. Hearings conducted by arbitrators an arbitrator shall
7 30 be open to the public.
7 31 Sec. 18. Section 20.17, subsection 6, Code 2003, is
7 32 amended to read as follows:
7 33 6. No collective bargaining agreement or arbitrators'
7 34 arbitrator's decision shall be valid or enforceable if its
7 35 implementation would be inconsistent with any statutory
8 1 limitation on the public employer's funds, spending or budget,
8 2 which includes consideration of the bargaining factors
8 3 enumerated in section 20.16A, or would substantially impair or
8 4 limit the performance of any statutory duty by the public
8 5 employer. A collective bargaining agreement or arbitrators'
8 6 arbitrator's award may provide for benefits conditional upon
8 7 specified funds to be obtained by the public employer, but the
8 8 agreement shall provide either for automatic reduction of such
8 9 conditional benefits or for additional bargaining if the funds
8 10 are not obtained or if a lesser amount is obtained.
8 11 Sec. 19. Section 20.17, subsection 10, Code 2003, is
8 12 amended to read as follows:
8 13 10. The negotiation of a proposed collective bargaining
8 14 agreement by representatives of a state public employer and a
8 15 state employee organization shall be complete not later than
8 16 March 15 of the year when the agreement is to become
8 17 effective. The board shall provide, by rule, a date on which
8 18 any impasse item must be submitted to binding arbitration and
8 19 for such other procedures as deemed necessary to provide for
8 20 the completion of negotiations of proposed state collective
8 21 bargaining agreements not later than March 15. The date
8 22 selected for the mandatory submission of impasse items to
8 23 binding arbitration shall be sufficiently in advance of March
8 24 15 to insure that the arbitrators' arbitrator's decision can
8 25 be reasonably made before March 15.
8 26 Sec. 20. Section 20.17, subsection 11, Code 2003, is
8 27 amended to read as follows:
8 28 11. a. In the absence of an impasse agreement negotiated
8 29 pursuant to section 20.19 which provides for a different
8 30 completion date, public employees represented by a certified
8 31 employee organization who are teachers licensed under chapter
8 32 272 and who are employed by a public employer which is a
8 33 school district or area education agency shall complete the
8 34 negotiation of a proposed collective bargaining agreement not
8 35 later than May 31 of the year when the agreement is to become
9 1 effective. The board shall provide, by rule, a date on which
9 2 impasse items in such cases must be submitted to binding
9 3 arbitration and for such other procedures as deemed necessary
9 4 to provide for the completion of negotiations of proposed
9 5 collective bargaining agreements not later than May 31. The
9 6 date selected for the mandatory submission of impasse items to
9 7 binding arbitration in such cases shall be sufficiently in
9 8 advance of May 31 to ensure that the arbitrators' arbitrator's
9 9 decision can be reasonably made before by May 31.
9 10 b. If the public employer is a community college, the
9 11 following apply:
9 12 (1) The negotiation of a proposed collective bargaining
9 13 agreement shall be complete not later than May 31 of the year
9 14 when the agreement is to become effective, absent the
9 15 existence then, in the absence of an impasse agreement
9 16 negotiated pursuant to section 20.19 which provides for a
9 17 different completion date, public employees represented by a
9 18 certified employee organization who are employed by a public
9 19 employer which is a community college shall complete the
9 20 negotiation of a proposed collective bargaining agreement not
9 21 later than May 31 of the year when the agreement is to become
9 22 effective. The board shall adopt rules providing provide, by
9 23 rule, for a date on which impasse items in such cases must be
9 24 submitted to binding arbitration and for such other procedures
9 25 as deemed necessary to provide for the completion of
9 26 negotiations of proposed collective bargaining agreements not
9 27 later than May 31. The date selected for the mandatory
9 28 submission of impasse items to binding arbitration in such
9 29 cases shall be sufficiently in advance of May 31 to ensure
9 30 that the arbitrators' arbitrator's decision can be reasonably
9 31 made by May 31.
9 32 (2) Notwithstanding the provisions of subparagraph (1),
9 33 the May 31 deadline may be waived by mutual agreement of the
9 34 parties to the collective bargaining agreement negotiations.
9 35 Sec. 21. Section 20.18, unnumbered paragraph 1, Code 2003,
10 1 is amended to read as follows:
10 2 An agreement with an employee organization which is the
10 3 exclusive representative of public employees in an appropriate
10 4 unit may provide procedures for the consideration of public
10 5 employee and employee organization grievances and of disputes
10 6 over the interpretation and application of agreements.
10 7 Negotiated procedures may provide for binding arbitration of
10 8 public employee and employee organization grievances and of
10 9 disputes over the interpretation and application of existing
10 10 agreements. An arbitrator's decision on a grievance may not
10 11 change or amend the terms, conditions or applications of the
10 12 collective bargaining agreement. Such procedures shall
10 13 provide for the invoking of arbitration only with the approval
10 14 of the employee organization, and in the case of an employee
10 15 grievance, only with the approval of the public employee. The
10 16 costs of arbitration shall be shared equally by the parties.
10 17 Sec. 22. Section 20.19, Code 2003, is amended by adding
10 18 the following new unnumbered paragraph:
10 19 NEW UNNUMBERED PARAGRAPH. Parties who by agreement are
10 20 utilizing a cooperative alternative bargaining process shall,
10 21 at the outset of such process, agree upon a method and
10 22 schedule for the completion of impasse procedures should they
10 23 fail to reach a collective bargaining agreement through the
10 24 use of such alternative process.
10 25 Sec. 23. Section 20.21, unnumbered paragraph 1, Code 2003,
10 26 is amended to read as follows:
10 27 If the impasse persists ten days after the mediator has
10 28 been appointed, the board shall appoint a fact=finder
10 29 representative of the public, from a list of qualified persons
10 30 maintained by the board. The fact=finder shall conduct a
10 31 hearing, may administer oaths, and may request the board to
10 32 issue subpoenas. The fact=finder shall make written findings
10 33 of facts and recommendations for resolution of the dispute,
10 34 taking into consideration the bargaining factors enumerated in
10 35 section 20.16A, and, not later than fifteen days from the day
11 1 of appointment, shall serve such findings on the public
11 2 employer and the certified employee organization.
11 3 Sec. 24. Section 20.22, subsections 1, 2, and 3, Code
11 4 2003, are amended to read as follows:
11 5 1. If an impasse persists after the fact=finder's findings
11 6 of fact and recommendations are made public by the fact=finder
11 7 board, the parties may continue to negotiate or, the board
11 8 shall have the power, upon request of either party, to arrange
11 9 for arbitration, which shall be binding. The request for
11 10 arbitration shall be in writing and a copy of the request
11 11 shall be served upon the other party.
11 12 2. Each party shall submit to the board within four days
11 13 of request a final offer on the impasse items with proof of
11 14 service of a copy upon the other party. Each party shall also
11 15 submit a copy of a draft of the proposed collective bargaining
11 16 agreement to the extent to which agreement has been reached
11 17 and the name of its selected arbitrator. The parties may
11 18 continue to negotiate all offers until an agreement is reached
11 19 or a decision an award is rendered by the panel of arbitrators
11 20 arbitrator.
11 21 As an alternative procedure, the two parties may agree to
11 22 submit the dispute to a single arbitrator. If the parties
11 23 cannot agree on the arbitrator within four days, the selection
11 24 shall be made pursuant to subsection 5. The full costs of
11 25 arbitration under this provision section shall be shared
11 26 equally by the parties to the dispute.
11 27 3. The submission of the impasse items to the arbitrators
11 28 arbitrator shall be limited to those issues that had been
11 29 considered by the fact=finder and upon which the parties have
11 30 not reached agreement. With respect to each such item, the
11 31 arbitration board arbitrator's award shall be restricted to
11 32 the final offers on each impasse item submitted by the parties
11 33 to the arbitration board arbitrator or to the recommendation
11 34 of the fact=finder on each impasse item.
11 35 Sec. 25. Section 20.22, subsections 4, 5, and 6, Code
12 1 2003, are amended by striking the subsections and inserting in
12 2 lieu thereof the following:
12 3 4. Upon the filing of the request for arbitration, a list
12 4 of five arbitrators shall be served upon the parties by the
12 5 board. Within five days of service of the list, the parties
12 6 shall determine by lot which party shall remove the first name
12 7 from the list and the parties shall then alternately remove
12 8 names from the list until the name of one person remains, who
12 9 shall become the arbitrator. The parties shall immediately
12 10 notify the board of their selection and the board shall notify
12 11 the arbitrator. After consultation with the parties, the
12 12 arbitrator shall set a time and place for an arbitration
12 13 hearing.
12 14 Sec. 26. Section 20.22, subsections 7 and 8, Code 2003,
12 15 are amended to read as follows:
12 16 7. The panel of arbitrators arbitrator shall at no time
12 17 engage in an effort to mediate or otherwise settle the dispute
12 18 in any manner other than that prescribed in this section.
12 19 8. From the time of appointment the board notifies the
12 20 arbitrator of the selection of the arbitrator until such time
12 21 as the panel of arbitrators makes its final determination
12 22 arbitrator's selection on each impasse item is made, there
12 23 shall be no discussion concerning recommendations for
12 24 settlement of the dispute by the members of the panel of
12 25 arbitrators arbitrator with parties other than those who are
12 26 direct parties to the dispute. The panel of arbitrators may
12 27 conduct formal or informal hearings to discuss offers
12 28 submitted by both parties.
12 29 Sec. 27. Section 20.22, subsection 9, Code 2003, is
12 30 amended by striking the subsection and inserting in lieu
12 31 thereof the following:
12 32 9. The arbitrator shall consider, in addition to any other
12 33 relevant factors, the bargaining factors enumerated in section
12 34 20.16A.
12 35 Sec. 28. Section 20.22, subsections 10, 11, 12, and 13,
13 1 Code 2003, are amended to read as follows:
13 2 10. The chairperson of the panel of arbitrators arbitrator
13 3 may hold hearings and administer oaths, examine witnesses and
13 4 documents, take testimony and receive evidence, and issue
13 5 subpoenas to compel the attendance of witnesses and the
13 6 production of records, and delegate such powers to other
13 7 members of the panel of arbitrators. The chairperson of the
13 8 panel of arbitrators arbitrator may petition the district
13 9 court at the seat of government or of the county in which any
13 10 the hearing is held to enforce the order of the chairperson
13 11 arbitrator compelling the attendance of witnesses and the
13 12 production of records.
13 13 11. A majority of the panel of arbitrators The arbitrator
13 14 shall select within fifteen days after its first meeting the
13 15 hearing the most reasonable offer, in its the arbitrator's
13 16 judgment, of the final offers on each impasse item submitted
13 17 by the parties, or the recommendations of the fact=finder on
13 18 each impasse item.
13 19 12. The selections by the panel of arbitrators arbitrator
13 20 and items agreed upon by the public employer and the employee
13 21 organization, shall be deemed to be the collective bargaining
13 22 agreement between the parties.
13 23 13. The determination of the panel of arbitrators shall be
13 24 by majority vote and arbitrator shall be final and binding
13 25 subject to the provisions of section 20.17, subsection 6. The
13 26 panel of arbitrators arbitrator shall give written explanation
13 27 for its selection the arbitrator's selections and inform the
13 28 parties of its the decision.
13 29 Sec. 29. Section 20.24, Code 2003, is amended to read as
13 30 follows:
13 31 20.24 NOTICE AND SERVICE.
13 32 Any notice required under the provisions of this chapter
13 33 shall be in writing, but service thereof shall be sufficient
13 34 if mailed by restricted certified mail, return receipt
13 35 requested, addressed to the last known address of the parties
14 1 intended recipient, unless otherwise provided in this chapter.
14 2 Refusal of restricted certified mail by any party shall be
14 3 considered service. Prescribed Unless otherwise provided in
14 4 this chapter, time periods shall commence from the date of the
14 5 receipt of the notice. Any party may at any time execute and
14 6 deliver an acceptance of service in lieu of mailed notice.
14 7 Sec. 30. Section 20.30, Code 2003, is repealed.
14 8 SF 313
14 9 ec/cc/26