House File 525 - Reprinted HOUSE FILE 525 BY COMMITTEE ON LABOR (SUCCESSOR TO HSB 117) (As Amended and Passed by the House March 11, 2011 ) A BILL FOR An Act relating to public employee collective bargaining 1 agreements and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 525 (8) 84 je/rj/mb

H.F. 525 Section 1. Section 20.3, Code 2011, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 1A. “Bargaining unit” means only those 3 employees in a particular class of employees who have not 4 declared themselves a free agent employee. 5 NEW SUBSECTION . 4A. “Free agent employee” means a public 6 employee who has signed a release declaring that the employee 7 rejects representation by an employee organization and that the 8 employee understands that signing the release waives any claim 9 or right to representation by that employee organization. 10 Sec. 2. Section 20.8, Code 2011, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 5. Declare themselves a free agent 13 employee. 14 Sec. 3. Section 20.9, Code 2011, is amended to read as 15 follows: 16 20.9 Scope of negotiations. 17 1. The public employer and the employee organization 18 shall meet at reasonable times, including meetings reasonably 19 in advance of the public employer’s budget-making process, 20 to negotiate in good faith with respect to wages, hours, 21 vacations, insurance, holidays, leaves of absence, shift 22 differentials, overtime compensation, supplemental pay, 23 seniority, transfer procedures, job classifications, health and 24 safety matters, evaluation procedures, procedures for staff 25 reduction, in-service training , and other matters mutually 26 agreed upon. Negotiations shall also include terms authorizing 27 dues checkoff for members of the employee organization and 28 grievance procedures for resolving any questions arising under 29 the agreement, which shall be embodied in a written agreement 30 and signed by the parties. If an agreement provides for dues 31 checkoff, a member’s dues may be checked off only upon the 32 member’s written request and the member may terminate the dues 33 checkoff at any time by giving thirty days’ written notice. 34 Such obligation to negotiate in good faith does not compel 35 -1- HF 525 (8) 84 je/rj/mb 1/ 4

H.F. 525 either party to agree to a proposal or make a concession. A 1 collective bargaining agreement entered into pursuant to this 2 chapter shall include a requirement that a public employee who 3 is covered by the collective bargaining agreement and is a 4 member of a group health insurance plan for public employees 5 established under chapter 509A pay at least one hundred dollars 6 per month of the total premium for such health plan. 7 2. Nothing in this section shall diminish the authority 8 and power of the department of administrative services, board 9 of regents’ merit system, Iowa public broadcasting board’s 10 merit system, or any civil service commission established by 11 constitutional provision, statute, charter , or special act to 12 recruit employees , ; prepare, conduct , and grade examinations , ; 13 or rate candidates in order of their relative scores for 14 certification for appointment or promotion or for other matters 15 of classification, reclassification , or appeal rights in the 16 classified service of the public employer served. 17 3. All retirement systems The following subjects shall be 18 excluded from the scope of negotiations . : 19 a. All retirement systems. 20 b. Restrictions or limitations on outsourcing, except for 21 the purpose of precluding the hiring of illegal immigrants by 22 the public employer. 23 c. Any restriction on the right of a public employer to 24 consider any factor which the employer may lawfully consider 25 in a layoff. 26 Sec. 4. Section 20.10, subsection 2, Code 2011, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . i. Coerce, threaten, or otherwise induce 29 an employee or potential employee into signing a release to 30 declare themselves a free agent employee. 31 Sec. 5. Section 20.10, subsection 3, Code 2011, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . j. Coerce, threaten, or otherwise prevent 34 an employee or potential employee from signing a release to 35 -2- HF 525 (8) 84 je/rj/mb 2/ 4

H.F. 525 declare themselves a free agent employee. 1 Sec. 6. Section 20.22, subsections 3, 6, 7, 9, 10, and 11, 2 Code 2011, are amended to read as follows: 3 3. The submission of the impasse items to the arbitrator 4 shall be limited to those items upon which the parties have not 5 reached agreement. With However, with respect to each such 6 item, the arbitrator’s award shall not be restricted to the 7 final offers on each impasse item submitted by the parties to 8 the arbitrator. 9 6. From the time the board notifies the arbitrator of the 10 selection of the arbitrator until such time as the arbitrator’s 11 selection decision on each impasse item is made, there shall be 12 no discussion concerning recommendations for settlement of the 13 dispute by the arbitrator with parties other than those who are 14 direct parties to the dispute. 15 7. The arbitrator shall consider, and may consider 16 additional information presented by either party, in addition 17 to any other relevant factors, the following factors: 18 a. Past collective bargaining contracts between the parties 19 including the bargaining that led up to such contracts. 20 b. a. Comparison of wages, benefits, hours , and conditions 21 of employment of the involved public employees with those 22 of other public employees , including public employees not 23 represented by an employee organization, and with private 24 sector employees doing comparable work, giving consideration to 25 factors peculiar to the area and the classifications involved. 26 In considering this comparison, the arbitrator shall strive to 27 maintain parity in wages, benefits, hours, and conditions of 28 employment between the public sector and the private sector 29 for comparable types of work, and shall give consideration to 30 similar and equitable economic conditions where applicable. 31 c. b. The interests and welfare of the public, the ability 32 of the public employer to finance economic adjustments without 33 raising any tax, and the effect of such adjustments on the 34 normal standard of services. 35 -3- HF 525 (8) 84 je/rj/mb 3/ 4

H.F. 525 d. The power of the public employer to levy taxes and 1 appropriate funds for the conduct of its operations. 2 c. Efficiency of the public employer in its ability to carry 3 out any of its functions. 4 9. The arbitrator shall select render a decision within 5 fifteen days after the hearing the most reasonable offer, in 6 the arbitrator’s judgment, of the final offers on consisting 7 of final terms for each impasse item submitted by the parties. 8 The arbitrator may select one of the final offers on each 9 impasse item submitted by the parties or the arbitrator may 10 make an award which does not go beyond the terms of a final 11 offer for any impasse item submitted by the parties. 12 10. The selections decisions by the arbitrator and 13 items agreed upon by the public employer and the employee 14 organization, shall be deemed to be the collective bargaining 15 agreement between the parties. 16 11. The determination decisions of the arbitrator shall be 17 final and binding subject to the provisions of section 20.17, 18 subsection 6 . The arbitrator shall give written explanation 19 for the arbitrator’s selections decision regarding the final 20 terms for each impasse item and inform the parties of the 21 decision. 22 Sec. 7. APPLICABILITY. This Act applies to collective 23 bargaining agreements entered into on or after the effective 24 date of this Act. 25 -4- HF 525 (8) 84 je/rj/mb 4/ 4