House File 549 - Reprinted HOUSE FILE 549 BY COMMITTEE ON LABOR (SUCCESSOR TO HSB 204) (As Amended and Passed by the House March 17, 2015 ) A BILL FOR An Act relating to collective bargaining arbitration 1 proceedings involving individuals employed by school 2 districts and area education agencies and including 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 549 (2) 86 je/rj/md

H.F. 549 Section 1. Section 20.22, subsections 3, 6, 7, 9, 10, and 1 11, Code 2015, are amended to read as follows: 2 3. The submission of the impasse items to the arbitrator 3 shall be limited to those items upon which the parties have 4 not reached agreement. With respect to each such item, the 5 arbitrator’s award shall be restricted to the final offers on 6 each impasse item submitted by the parties to the arbitrator. 7 However, in an arbitration in which the public employees are 8 employed by a public employer which is a school district or 9 area education agency, the arbitrator’s award with respect to 10 each such item shall not be restricted to the final offers on 11 each impasse item submitted by the parties to the arbitrator. 12 6. From the time the board notifies the arbitrator of the 13 selection of the arbitrator until such time as the arbitrator’s 14 selection or decision on each impasse item is made, there shall 15 be no discussion concerning recommendations for settlement of 16 the dispute by the arbitrator with parties other than those who 17 are direct parties to the dispute. 18 7. The arbitrator shall consider, in addition to any other 19 relevant factors, the following factors: 20 a. Past collective bargaining contracts between the parties 21 including the bargaining that led up to such contracts. 22 b. Comparison of wages, hours and conditions of employment 23 of the involved public employees with those of other public 24 employees doing comparable work, giving consideration to 25 factors peculiar to the area and the classifications involved. 26 In an arbitration in which the public employees are employed 27 by a public employer which is a school district or area 28 education agency, the comparison shall also include comparison 29 of wages, hours, and conditions of employment of the involved 30 public employees with those of private sector employees doing 31 comparable work, giving consideration to factors peculiar to 32 the area and the classifications involved. 33 c. The interests and welfare of the public, the ability of 34 the public employer to finance economic adjustments and the 35 -1- HF 549 (2) 86 je/rj/md 1/ 3

H.F. 549 effect of such adjustments on the normal standard of services. 1 The ability of the public employer to finance economic 2 adjustments and the effect of such adjustments on the normal 3 standard of services shall not be considered in an arbitration 4 in which the public employees are employed by a public employer 5 which is a school district or area education agency. 6 d. The power of the public employer to levy taxes and 7 appropriate funds for the conduct of its operations. This 8 factor shall not be considered in an arbitration in which the 9 public employees are employed by a public employer which is a 10 school district or area education agency. 11 9. a. The For an arbitration in which the public employees 12 are not employed by a public employer which is a school 13 district or area education agency, the arbitrator shall select 14 within fifteen days after the hearing the most reasonable 15 offer, in the arbitrator’s judgment, of the final offers on 16 each impasse item submitted by the parties. 17 b. For an arbitration in which the public employees are 18 employed by a public employer which is a school district 19 or area education agency, the arbitrator shall render a 20 decision within fifteen days after the hearing consisting of 21 the arbitrator’s award on each impasse item submitted by the 22 parties. The arbitrator may select one of the final offers on 23 an impasse item submitted by the parties or the arbitrator may 24 make any award which stays within the confines of the final 25 offers on an impasse item submitted by the parties. 26 10. The selections or decisions by the arbitrator and 27 items agreed upon by the public employer and the employee 28 organization, shall be deemed to be the collective bargaining 29 agreement between the parties. 30 11. The determination selections or decisions of the 31 arbitrator shall be final and binding subject to the provisions 32 of section 20.17, subsection 6 . The arbitrator shall give 33 written explanation for the arbitrator’s selections or 34 decisions and inform the parties of the decision. 35 -2- HF 549 (2) 86 je/rj/md 2/ 3

H.F. 549 Sec. 2. APPLICABILITY. This Act applies to binding 1 arbitrations to which parties submit pursuant to chapter 20 on 2 or after the effective date of this Act. 3 -3- HF 549 (2) 86 je/rj/md 3/ 3