House File 291 - Reprinted HOUSE FILE 291 BY COMMITTEE ON LABOR (SUCCESSOR TO HSB 84) (COMPANION TO SF 213 BY SCHULTZ) (As Amended and Passed by the House February 16, 2017 ) A BILL FOR An Act relating to employment matters involving public 1 employees including collective bargaining, educator 2 employment matters, personnel records and settlement 3 agreements, city civil service requirements, and health 4 insurance matters, making penalties applicable, and 5 including effective date, applicability, and transition 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 HF 291 (3) 87 je/rj/md

H.F. 291 DIVISION I 1 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 2 Section 1. Section 20.3, Code 2017, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION . 10A. “Public safety employee” means a 5 public employee who is employed as one of the following: 6 a. A sheriff’s regular deputy. 7 b. A marshal or police officer of a city, township, or 8 special-purpose district or authority who is a member of a paid 9 police department. 10 c. A member, except a non-peace officer member, of the 11 division of state patrol, narcotics enforcement, state fire 12 marshal, or criminal investigation, including but not limited 13 to a gaming enforcement officer, who has been duly appointed 14 by the department of public safety in accordance with section 15 80.15. 16 d. A conservation officer or park ranger as authorized by 17 section 456A.13. 18 e. A permanent or full-time fire fighter of a city, 19 township, or special-purpose district or authority who is a 20 member of a paid fire department. 21 f. A peace officer designated by the department of 22 transportation under section 321.477 who is subject to mandated 23 law enforcement training. 24 NEW SUBSECTION . 12. “Supplemental pay” means a payment 25 of moneys or other thing of value that is in addition to 26 compensation received pursuant to any other permitted subject 27 of negotiation specified in section 20.9 and is related to the 28 employment relationship. 29 Sec. 2. Section 20.6, subsection 1, Code 2017, is amended 30 to read as follows: 31 1. Interpret, apply, and administer Administer the 32 provisions of this chapter . 33 Sec. 3. Section 20.6, Code 2017, is amended by adding the 34 following new subsections: 35 -1- HF 291 (3) 87 je/rj/md 1/ 45

H.F. 291 NEW SUBSECTION . 6. Appoint a certified shorthand reporter 1 to report state employee grievance and discipline resolution 2 proceedings pursuant to section 8A.415 and fix a reasonable 3 amount of compensation for such service and for any transcript 4 requested by the board, which amounts shall be taxed as other 5 costs. 6 NEW SUBSECTION . 7. Contract with a vendor as the board may 7 deem necessary to conduct elections required by section 20.15 8 on behalf of the board. The board shall establish fees by rule 9 pursuant to chapter 17A to cover the cost of elections required 10 by section 20.15. Such fees shall be paid in advance of an 11 election and shall be paid by each employee organization listed 12 on the ballot. 13 Sec. 4. Section 20.7, subsection 2, Code 2017, is amended 14 to read as follows: 15 2. Hire, evaluate, promote, demote, transfer, assign and 16 retain public employees in positions within the public agency. 17 Sec. 5. Section 20.8, Code 2017, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5. Exercise any right or seek any remedy 20 provided by law, including but not limited to those rights and 21 remedies available under sections 70A.28 and 70A.29, chapter 22 8A, subchapter IV, and chapters 216 and 400. 23 Sec. 6. Section 20.9, Code 2017, is amended to read as 24 follows: 25 20.9 Scope of negotiations. 26 1. The For negotiations regarding a bargaining unit with 27 at least thirty percent of members who are public safety 28 employees, the public employer and the employee organization 29 shall meet at reasonable times, including meetings reasonably 30 in advance of the public employer’s budget-making process, 31 to negotiate in good faith with respect to wages, hours, 32 vacations, insurance, holidays, leaves of absence, shift 33 differentials, overtime compensation, supplemental pay, 34 seniority, transfer procedures, job classifications, health 35 -2- HF 291 (3) 87 je/rj/md 2/ 45

H.F. 291 and safety matters, evaluation procedures, procedures for 1 staff reduction, in-service training , grievance procedures 2 for resolving any questions arising under the agreement, and 3 other matters mutually agreed upon. Negotiations shall also 4 include terms authorizing dues checkoff for members of the 5 employee organization and grievance procedures for resolving 6 any questions arising under the agreement, which shall be 7 embodied in a written agreement and signed by the parties. 8 If an agreement provides for dues checkoff, a member’s dues 9 may be checked off only upon the member’s written request 10 and the member may terminate the dues checkoff at any time 11 by giving thirty days’ written notice. For negotiations 12 regarding a bargaining unit that does not have at least 13 thirty percent of members who are public safety employees, 14 the public employer and the employee organization shall meet 15 at reasonable times, including meetings reasonably in advance 16 of the public employer’s budget-making process, to negotiate 17 in good faith with respect to base wages and other matters 18 mutually agreed upon. Such obligation to negotiate in good 19 faith does not compel either party to agree to a proposal 20 or make a concession. Mandatory subjects of negotiation 21 specified in this subsection shall be interpreted narrowly and 22 restrictively. 23 2. Nothing in this section shall diminish the authority 24 and power of the department of administrative services, board 25 of regents’ merit system, Iowa public broadcasting board’s 26 merit system, or any civil service commission established by 27 constitutional provision, statute, charter , or special act to 28 recruit employees, prepare, conduct , and grade examinations, 29 rate candidates in order of their relative scores for 30 certification for appointment or promotion or for other matters 31 of classification, reclassification , or appeal rights in the 32 classified service of the public employer served. 33 3. All retirement systems , dues checkoffs, and other 34 payroll deductions for political action committees or other 35 -3- HF 291 (3) 87 je/rj/md 3/ 45

H.F. 291 political contributions or political activities shall be 1 excluded from the scope of negotiations. For negotiations 2 regarding a bargaining unit that does not have at least thirty 3 percent of members who are public safety employees, insurance, 4 leaves of absence for political activities, supplemental pay, 5 transfer procedures, evaluation procedures, procedures for 6 staff reduction, and subcontracting public services shall also 7 be excluded from the scope of negotiations. 8 4. The term of a contract entered into pursuant to this 9 chapter shall not exceed five years. 10 Sec. 7. Section 20.10, subsection 3, Code 2017, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . j. Negotiate or attempt to negotiate 13 directly with a member of the governing board of a public 14 employer if the public employer has appointed or authorized 15 a bargaining representative for the purpose of bargaining 16 with the public employees or their representative, unless the 17 member of the governing board is the designated bargaining 18 representative of the public employer. 19 Sec. 8. Section 20.12, subsection 5, Code 2017, is amended 20 to read as follows: 21 5. If an employee organization or any of its officers 22 is held to be in contempt of court for failure to comply 23 with an injunction pursuant to this section , or is convicted 24 of violating this section , the employee organization shall 25 be immediately decertified, shall cease to represent the 26 bargaining unit, shall cease to receive any dues by checkoff, 27 and may again be certified only after twelve twenty-four months 28 have elapsed from the effective date of decertification and 29 only after if a new compliance with petition for certification 30 pursuant to section 20.14 is filed and a new certification 31 election pursuant to section 20.15 is held . The penalties 32 provided in this section may be suspended or modified by the 33 court, but only upon request of the public employer and only 34 if the court determines the suspension or modification is in 35 -4- HF 291 (3) 87 je/rj/md 4/ 45

H.F. 291 the public interest. 1 Sec. 9. Section 20.15, Code 2017, is amended to read as 2 follows: 3 20.15 Elections —— agreements with the state . 4 1. Initial certification elections. 5 a. Upon the filing of a petition for certification of an 6 employee organization, the board shall submit a question to 7 the public employees at an election in the bargaining unit 8 found appropriate by the board. The question on the ballot 9 shall permit the public employees to vote for no bargaining 10 representation or for any employee organization which has 11 petitioned for certification or which has presented proof 12 satisfactory to the board of support of ten thirty percent or 13 more of the public employees in the appropriate unit. 14 2. b. (1) If a majority of the votes cast on the 15 question is public employees in the bargaining unit vote for 16 no bargaining representation, the public employees in the 17 bargaining unit found appropriate by the board shall not be 18 represented by an employee organization. 19 (2) If a majority of the votes cast on the question is 20 public employees in the bargaining unit vote for a listed 21 employee organization, then that employee organization shall 22 represent the public employees in the bargaining unit found 23 appropriate by the board. 24 3. (3) If none of the choices on the ballot receive the 25 vote of a majority of the public employees voting in the 26 bargaining unit , the board shall conduct a runoff election 27 among the two choices receiving the greatest number of votes 28 the public employees in the bargaining unit found appropriate 29 by the board shall not be represented by an employee 30 organization . 31 c. The board shall not consider a petition for certification 32 of an employee organization as the exclusive representative 33 of a bargaining unit unless a period of two years has 34 elapsed from the date of the last certification election 35 -5- HF 291 (3) 87 je/rj/md 5/ 45

H.F. 291 in which an employee organization was not certified as the 1 exclusive representative of that bargaining unit, of the 2 last retention and recertification election in which an 3 employee organization was not retained and recertified as the 4 exclusive representative of that bargaining unit, or of the 5 last decertification election in which an employee organization 6 was decertified as the exclusive representative of that 7 bargaining unit. The board shall also not consider a petition 8 for certification as the exclusive bargaining representative 9 of a bargaining unit if the bargaining unit is at that time 10 represented by a certified exclusive bargaining representative. 11 2. Retention and recertification elections. 12 a. The board shall conduct an election to retain and 13 recertify the bargaining representative of a bargaining unit 14 prior to the expiration of the bargaining unit’s collective 15 bargaining agreement. The question on the ballot shall be 16 whether the bargaining representative of the public employees 17 in the bargaining unit shall be retained and recertified as 18 the bargaining representative of the public employees in the 19 bargaining unit. For collective bargaining agreements with a 20 June 30 expiration date, the election shall occur between June 21 1 and November 1, both dates included, in the year prior to 22 that expiration date. For collective bargaining agreements 23 with a different expiration date, the election shall occur 24 between three hundred sixty-five and two hundred seventy days 25 prior to the expiration date. 26 b. (1) If a majority of the public employees in 27 the bargaining unit vote to retain and recertify the 28 representative, the board shall retain and recertify the 29 bargaining representative and the bargaining representative 30 shall continue to represent the public employees in the 31 bargaining unit. 32 (2) If a majority of the public employees in the bargaining 33 unit do not vote to retain and recertify the representative, 34 the board, after the period for filing written objections 35 -6- HF 291 (3) 87 je/rj/md 6/ 45

H.F. 291 pursuant to subsection 4 has elapsed, shall immediately 1 decertify the representative and the public employees shall 2 not be represented by an employee organization except pursuant 3 to the filing of a subsequent petition for certification of 4 an employee organization as provided in section 20.14 and an 5 election conducted pursuant to such petition. Such written 6 objections and decertifications shall be subject to applicable 7 administrative and judicial review. 8 3. Decertification elections. 9 a. Upon the filing of a petition for decertification of an 10 employee organization, the board shall submit a question to the 11 public employees at an election in the bargaining unit found 12 appropriate by the board. The question on the ballot shall be 13 whether the bargaining representative of the public employees 14 in the bargaining unit shall be decertified as the bargaining 15 representative of public employees in the bargaining unit. 16 b. (1) If a majority of the public employees in 17 the bargaining unit vote to decertify the bargaining 18 representative, the board, after the period for filing 19 written objections pursuant to subsection 4 has elapsed, 20 shall immediately decertify the representative and the public 21 employees shall not be represented by an employee organization 22 except pursuant to the filing of a subsequent petition for 23 certification of an employee organization as provided in 24 section 20.14 and an election conducted pursuant to such 25 petition. Such written objections and decertifications shall 26 be subject to applicable administrative and judicial review. 27 (2) If a majority of the public employees in the bargaining 28 unit do not vote to decertify the bargaining representative, 29 the bargaining representative shall continue to represent the 30 public employees in the bargaining unit. 31 c. The board shall not consider a petition for 32 decertification of an employee organization unless a 33 bargaining unit’s collective bargaining agreement exceeds 34 two years in length. The board shall not schedule a 35 -7- HF 291 (3) 87 je/rj/md 7/ 45

H.F. 291 decertification election for a bargaining unit within one 1 year of a prior certification, retention and recertification, 2 or decertification election involving the bargaining unit. 3 Unless otherwise prohibited by this paragraph, the board shall 4 schedule a decertification election not less than one hundred 5 fifty days before the expiration date of the bargaining unit’s 6 collective bargaining agreement. 7 4. Invalidation of elections. Upon written objections 8 filed by any party to public employee, public employer, or 9 employee organization involved in the election within ten days 10 after notice of the results of the election, if the board 11 finds that misconduct or other circumstances prevented the 12 public employees eligible to vote from freely expressing their 13 preferences, the board may invalidate the election and hold a 14 second election for the public employees. 15 5. Results certified. Upon completion of a valid election 16 in which the majority choice of the public employees voting in 17 the bargaining unit is determined, the board shall certify the 18 results of the election and shall give reasonable notice of the 19 order to all employee organizations listed on the ballot, the 20 public employers, and the public employees in the appropriate 21 bargaining unit. 22 6. State agreements. a. A petition for certification as 23 exclusive bargaining representative of a bargaining unit shall 24 not be considered by the board for a period of one year from 25 the date of the noncertification of an employee organization 26 as the exclusive bargaining representative of that bargaining 27 unit following a certification election. A petition for 28 certification as the exclusive bargaining representative of a 29 bargaining unit shall also not be considered by the board if 30 the bargaining unit is at that time represented by a certified 31 exclusive bargaining representative. 32 b. A petition for the decertification of the exclusive 33 bargaining representative of a bargaining unit shall not be 34 considered by the board for a period of one year from the date 35 -8- HF 291 (3) 87 je/rj/md 8/ 45

H.F. 291 of its certification, or within one year of its continued 1 certification following a decertification election, or during 2 the duration of a collective bargaining agreement which, for 3 purposes of this section , shall be deemed not to exceed two 4 years. However, if a petition for decertification is filed 5 during the duration of a collective bargaining agreement, the 6 board shall award an election under this section not more than 7 one hundred eighty days and not less than one hundred fifty 8 days prior to the expiration of the collective bargaining 9 agreement. If an employee organization is decertified, the 10 board may receive petitions under section 20.14 , provided that 11 no such petition and no election conducted pursuant to such 12 petition within one year from decertification shall include as 13 a party the decertified employee organization. 14 c. A collective bargaining agreement with the state, its 15 boards, commissions, departments, and agencies shall be for 16 two years . and the The provisions of a collective bargaining 17 agreement or arbitrator’s award affecting state employees 18 shall not provide for renegotiations which would require the 19 refinancing of salary and fringe benefits subjects within the 20 scope of negotiations under section 20.9 for the second year 21 of the term of the agreement, except as provided in section 22 20.17, subsection 6 , and the . The effective date of any such 23 agreement shall be July 1 of odd-numbered years, provided 24 that if an exclusive bargaining representative is certified 25 on a date which will prevent the negotiation of a collective 26 bargaining agreement prior to July 1 of odd-numbered years for 27 a period of two years, the certified collective bargaining 28 representative may negotiate a one-year contract with the 29 public employer which shall be effective from July 1 of the 30 even-numbered year to July 1 of the succeeding odd-numbered 31 year when new contracts agreements shall become effective. 32 Sec. 10. Section 20.17, subsection 8, Code 2017, is amended 33 to read as follows: 34 8. a. The salaries of all public employees of the state 35 -9- HF 291 (3) 87 je/rj/md 9/ 45

H.F. 291 under a merit system and all other fringe benefits which are 1 granted to all subjects within the scope of negotiations 2 pursuant to the provisions of section 20.9 regarding public 3 employees of the state shall be negotiated with the governor 4 or the governor’s designee on a statewide basis, except those 5 benefits which are not subject to subjects excluded from the 6 scope of negotiations pursuant to the provisions of section 7 20.9 , subsection 3 . 8 b. For the negotiation of such a proposed, statewide 9 collective bargaining agreement to become effective in the year 10 following an election described in section 39.9, a ratification 11 election referred to in section 20.17, subsection 4, shall 12 not be held, and the parties shall not request arbitration as 13 provided in section 20.22, subsection 1, until at least two 14 weeks after the date of the beginning of the term of office of 15 the governor in that year as prescribed in the Constitution 16 of the State of Iowa. On or after the beginning of the term 17 of office of the governor in that year as prescribed in the 18 Constitution of the State of Iowa, the governor shall have 19 the authority to reject such a proposed statewide collective 20 bargaining agreement. If the governor does so, the parties 21 shall commence collective bargaining in accordance with section 22 20.17. Such negotiation shall be complete not later than 23 March 15 of that year, unless the parties mutually agree to 24 a different deadline. The board shall adopt rules pursuant 25 to chapter 17A providing for alternative deadlines for the 26 completion of the procedures provided in sections 20.17, 20.19, 27 20.20, and 20.22 for negotiation of such statewide collective 28 bargaining agreements in such years, which deadlines may be 29 waived by mutual agreement of the parties. 30 Sec. 11. Section 20.17, subsection 9, Code 2017, is amended 31 by striking the subsection. 32 Sec. 12. Section 20.22, subsections 2, 3, 7, 8, and 9, Code 33 2017, are amended to read as follows: 34 2. Each party shall serve its final offer on each of 35 -10- HF 291 (3) 87 je/rj/md 10/ 45

H.F. 291 the impasse items upon the other party within four days of 1 the board’s receipt of the request for arbitration , or by a 2 deadline otherwise agreed upon by the parties . The parties may 3 continue to negotiate all offers until an agreement is reached 4 or an award is rendered by the arbitrator. The full costs of 5 arbitration under this section shall be shared equally by the 6 parties to the dispute. 7 3. The submission of the impasse items to the arbitrator 8 shall be limited to those items upon which the parties have 9 not reached agreement. With respect to each such item, the 10 arbitrator’s award shall be restricted to the final offers on 11 each impasse item submitted by the parties to the arbitrator , 12 except as provided in subsection 9, paragraph “b” . 13 7. The For an arbitration involving a bargaining unit that 14 has at least thirty percent of members who are public safety 15 employees, the arbitrator shall consider and specifically 16 address in the arbitrator’s determination , in addition to any 17 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. Comparison of wages, hours and conditions of employment 21 of the involved public employees with those of other public 22 employees doing comparable work, giving consideration to 23 factors peculiar to the area and the classifications involved. 24 c. The interests and welfare of the public, the ability of 25 the public employer to finance economic adjustments and the 26 effect of such adjustments on the normal standard of services. 27 d. The power of the public employer to levy taxes and 28 appropriate funds for the conduct of its operations. 29 8. a. The arbitrator may administer oaths, examine 30 witnesses and documents, take testimony and receive evidence, 31 and issue subpoenas to compel the attendance of witnesses and 32 the production of records. The arbitrator may petition the 33 district court at the seat of government or of the county 34 in which the hearing is held to enforce the order of the 35 -11- HF 291 (3) 87 je/rj/md 11/ 45

H.F. 291 arbitrator compelling the attendance of witnesses and the 1 production of records. 2 b. Except as required for purposes of the consideration of 3 the factors specified in subsection 7, paragraphs “a” through 4 “c” , and subsection 7A, paragraph “a” , subparagraphs (1) through 5 (3), the parties shall not introduce, and the arbitrator 6 shall not accept or consider, any direct or indirect evidence 7 regarding any subject excluded from negotiations pursuant to 8 section 20.9. 9 9. a. The arbitrator shall select within fifteen days after 10 the hearing the most reasonable offer, in the arbitrator’s 11 judgment, of the final offers on each impasse item submitted 12 by the parties. 13 b. (1) However, for an arbitration involving a bargaining 14 unit that does not have at least thirty percent of members who 15 are public safety employees, with respect to any increase in 16 base wages, the arbitrator’s award shall not exceed the lesser 17 of the following percentages in any one-year period in the 18 duration of the bargaining agreement: 19 (a) Three percent. 20 (b) A percentage equal to the increase in the consumer 21 price index for all urban consumers for the midwest region, 22 if any, as determined by the United States department of 23 labor, bureau of labor statistics, or a successor index. Such 24 percentage shall be the change in the consumer price index 25 for the twelve-month period beginning eighteen months prior 26 to the month in which the impasse item regarding base wages 27 was submitted to the arbitrator and ending six months prior to 28 the month in which the impasse item regarding base wages was 29 submitted to the arbitrator. 30 (2) To assist the parties in the preparation of their final 31 offers on an impasse item regarding base wages, the board 32 shall provide information to the parties regarding the change 33 in the consumer price index for all urban consumers for the 34 midwest region for any twelve-month period. The department of 35 -12- HF 291 (3) 87 je/rj/md 12/ 45

H.F. 291 workforce development shall assist the board in preparing such 1 information upon request. 2 Sec. 13. Section 20.22, Code 2017, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 7A. For an arbitration involving a 5 bargaining unit that does not have at least thirty percent of 6 members who are public safety employees, the following shall 7 apply: 8 a. The arbitrator shall consider and specifically address 9 in the arbitrator’s determination, in addition to any other 10 relevant factors, the following factors: 11 (1) Comparison of base wages, hours, and conditions of 12 employment of the involved public employees with those of other 13 public employees doing comparable work, giving consideration to 14 factors peculiar to the area and the classifications involved. 15 To the extent adequate, applicable data is available, 16 the arbitrator shall also compare base wages, hours, and 17 conditions of employment of the involved public employees 18 with those of private sector employees doing comparable work, 19 giving consideration to factors peculiar to the area and the 20 classifications involved. 21 (2) The interests and welfare of the public. 22 (3) The financial ability of the employer to meet the cost 23 of an offer in light of the current economic conditions of the 24 public employer. The arbitrator shall give substantial weight 25 to evidence that the public employer’s authority to utilize 26 funds is restricted to special purposes or circumstances 27 by state or federal law, rules, regulations, or grant 28 requirements. 29 b. The arbitrator shall not consider the following factors: 30 (1) Past collective bargaining agreements between the 31 parties or bargaining that led to such agreements. 32 (2) The public employer’s ability to fund an award through 33 the increase or imposition of new taxes, fees, or charges, or 34 to develop other sources of revenues. 35 -13- HF 291 (3) 87 je/rj/md 13/ 45

H.F. 291 Sec. 14. Section 20.26, unnumbered paragraph 4, Code 2017, 1 is amended to read as follows: 2 Nothing in this section shall be construed to prohibit 3 voluntary contributions by individuals to political parties 4 or candidates , provided that such contributions are not made 5 through payroll deductions . 6 Sec. 15. Section 20.29, Code 2017, is amended to read as 7 follows: 8 20.29 Filing agreement —— public access —— internet site . 9 1. Collective bargaining agreements shall be in writing and 10 shall be signed by the parties. 11 2. A copy of a collective bargaining agreement entered into 12 between a public employer and a certified employee organization 13 and made final under this chapter shall be filed with the board 14 by the public employer within ten days of the date on which the 15 agreement is entered into. 16 3. Copies of collective bargaining agreements entered 17 into between the state and the state employees’ bargaining 18 representatives and made final under this chapter shall be 19 filed with the secretary of state and be made available to the 20 public at cost. 21 4. The board shall maintain an internet site that allows 22 searchable access to a database of collective bargaining 23 agreements and other collective bargaining information. 24 Sec. 16. Section 20.30, Code 2017, is amended by striking 25 the section and inserting in lieu thereof the following: 26 20.30 Supervisory member —— no reduction before retirement. 27 A supervisory member of any department or agency employed by 28 the state of Iowa shall not be granted a voluntary reduction 29 to a nonsupervisory rank or grade during the thirty-six 30 months preceding retirement of the member. A member of any 31 department or agency employed by the state of Iowa who retires 32 in less than thirty-six months after voluntarily requesting and 33 receiving a reduction in rank or grade from a supervisory to a 34 nonsupervisory position shall be ineligible for a benefit to 35 -14- HF 291 (3) 87 je/rj/md 14/ 45

H.F. 291 which the member is entitled as a nonsupervisory member but is 1 not entitled as a supervisory member. 2 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph 3 1, Code 2017, is amended to read as follows: 4 A mediator shall not be required to testify in any judicial, 5 administrative, arbitration, or grievance proceeding regarding 6 any matters occurring in the course of a mediation, including 7 any verbal or written communication or behavior, other than 8 facts relating exclusively to the timing or scheduling of 9 mediation. A mediator shall not be required to produce or 10 disclose any documents, including notes, memoranda, or other 11 work product, relating to mediation, other than documents 12 relating exclusively to the timing or scheduling of mediation. 13 This subsection shall not apply in any of the following 14 circumstances: 15 Sec. 18. NEW SECTION . 20.32 Transit employees —— 16 applicability. 17 All provisions of this chapter applicable to employees 18 described in section 20.3, subsection 10A, shall be applicable 19 on the same terms and to the same degree to any transit 20 employee if it is determined by the director of the department 21 of transportation, upon written confirmation from the United 22 States department of labor, that a public employer would 23 lose federal funding under 49 U.S.C. §5333(b) if the transit 24 employee is not covered under certain collective bargaining 25 rights. 26 Sec. 19. Section 22.7, subsection 69, Code 2017, is amended 27 to read as follows: 28 69. The evidence of public employee support for 29 the certification , retention and recertification, or 30 decertification of an employee organization as defined in 31 section 20.3 that is submitted to the public employment 32 relations board as provided in sections section 20.14 and or 33 20.15 . 34 Sec. 20. Section 22.7, Code 2017, is amended by adding the 35 -15- HF 291 (3) 87 je/rj/md 15/ 45

H.F. 291 following new subsection: 1 NEW SUBSECTION . 70. Information indicating whether 2 a public employee voted in a certification, retention and 3 recertification, or decertification election held pursuant to 4 section 20.15 or how the employee voted on any question on a 5 ballot in such an election. 6 Sec. 21. Section 70A.17A, subsection 3, Code 2017, is 7 amended by striking the subsection. 8 Sec. 22. Section 70A.19, Code 2017, is amended by striking 9 the section and inserting in lieu thereof the following: 10 70A.19 Payroll deduction for employee organization dues 11 prohibited. 12 The state, a state agency, a regents institution, a board of 13 directors of a school district, a community college, or an area 14 education agency, a county board of supervisors, a governing 15 body of a city, or any other public employer as defined in 16 section 20.3 shall not authorize or administer a deduction from 17 the salaries or wages of its employees for membership dues to 18 an employee organization as defined in section 20.3. 19 Sec. 23. Section 412.2, subsection 1, Code 2017, is amended 20 to read as follows: 21 1. From the proceeds of the assessments on the wages 22 and salaries of employees, of any such waterworks system, 23 or other municipally owned and operated public utility, 24 eligible to receive the benefits thereof. Notwithstanding 25 any provisions of section 20.9 to the contrary, a council, 26 board of waterworks, or other board or commission which 27 establishes a pension and annuity retirement system pursuant to 28 this chapter , shall negotiate in good faith with a certified 29 employee organization as defined in section 20.3 , which is the 30 collective bargaining representative of the employees, with 31 respect to the amount or rate of the assessment on the wages 32 and salaries of employees and the method or methods for payment 33 of the assessment by the employees. 34 Sec. 24. Section 602.1401, subsection 3, paragraph b, Code 35 -16- HF 291 (3) 87 je/rj/md 16/ 45

H.F. 291 2017, is amended to read as follows: 1 b. For purposes of chapter 20 , the certified representative, 2 which on July 1, 1983, represents employees who become judicial 3 branch employees as a result of 1983 Iowa Acts, ch. 186, shall 4 remain the certified representative when the employees become 5 judicial branch employees and thereafter, unless the public 6 employee organization is not retained and recertified or is 7 decertified in an election held under section 20.15 or amended 8 or absorbed into another certified organization pursuant to 9 chapter 20 . Collective bargaining negotiations shall be 10 conducted on a statewide basis and the certified employee 11 organizations which engage in bargaining shall negotiate on a 12 statewide basis, although bargaining units shall be organized 13 by judicial district. The public employment relations board 14 shall adopt rules pursuant to chapter 17A to implement this 15 subsection . 16 Sec. 25. TRANSITION PROCEDURES —— EMERGENCY RULES. 17 1. As of the effective date of this division of this Act, 18 parties, mediators, and arbitrators engaging in any collective 19 bargaining procedures provided for in chapter 20, Code 2017, 20 who have not, before the effective date of this division 21 of this Act, completed such procedures, shall immediately 22 terminate any such procedures in process. A collective 23 bargaining agreement negotiated pursuant to such procedures in 24 process shall not become effective. Parties, mediators, and 25 arbitrators shall not engage in further collective bargaining 26 procedures except as provided in this section. Such parties, 27 on or after the effective date of this division of this Act, 28 may commence collective bargaining in accordance with section 29 20.17, as amended in this division of this Act. If such 30 parties include a state public employer and a state employee 31 organization, negotiation of a proposed collective bargaining 32 agreement to become effective during the remainder of calendar 33 year 2017 shall be complete not later than March 15, 2017, 34 unless the parties mutually agree to a different deadline. 35 -17- HF 291 (3) 87 je/rj/md 17/ 45

H.F. 291 If such parties include public employees represented by a 1 certified employee organization who are employed by a public 2 employer which is a school district, area education agency, 3 or community college, negotiation of a proposed collective 4 bargaining agreement to become effective during the remainder 5 of calendar year 2017 shall be complete not later than June 6 30, 2017, unless the parties mutually agree to a different 7 deadline. 8 2. The public employment relations board shall adopt 9 emergency rules under section 17A.4, subsection 3, and section 10 17A.5, subsection 2, paragraph “b”, to provide for procedures 11 as deemed necessary to implement the provisions of this section 12 and the rules shall be effective immediately upon filing 13 unless a later date is specified in the rules. Such rules 14 shall include but are not limited to alternative deadlines for 15 completion of the procedures provided in sections 20.17 and 16 20.22, as amended by this division of this Act, and sections 17 20.19 and 20.20, which deadlines may be waived by mutual 18 agreement of the parties. 19 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this 20 Act, being deemed of immediate importance, takes effect upon 21 enactment. 22 Sec. 27. APPLICABILITY. 23 1. With the exception of the section of this division of 24 this Act amending section 20.6, subsection 1, this division of 25 this Act does not apply to collective bargaining agreements 26 which have been ratified in a ratification election referred 27 to in section 20.17, subsection 4, for which an arbitrator 28 has made a final determination as described in section 20.22, 29 subsection 11, or which have become effective, where such 30 events occurred before the effective date of this division of 31 this Act. This division of this Act applies to all collective 32 bargaining procedures provided for in chapter 20 occurring 33 on and after the effective date of this division of this Act 34 and collective bargaining agreements for which a ratification 35 -18- HF 291 (3) 87 je/rj/md 18/ 45