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Senate Study Bill 1226 - IntroducedA Bill ForAn Act 1relating to public safety employees and collective
2bargaining units for purposes of public employee collective
3bargaining and including effective date and applicability
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 20.1, subsection 2, paragraph a, Code
22019, is amended to read as follows:
3a. Determining appropriate bargaining units, amending
4the composition of previously determined bargaining units
5represented by a certified employee organization, reconsidering
6and altering the composition of previously determined
7bargaining units which are not represented by a certified
8employee organization, and conducting representation elections.
9 Sec. 2. Section 20.3, subsection 11, Code 2019, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. g. A peace officer employed by a regents
12institution.
13 Sec. 3. Section 20.13, Code 2019, is amended to read as
14follows:
1520.13 Bargaining unit determination, amendment, and
16reconsideration and alteration.
171. Board The board’s determination of an appropriate
18bargaining unit shall be upon petition filed by a public
19employer, public employee, or employee organization. Except
20as provided in subsection 3, the board’s amendment of a
21represented bargaining unit shall be upon petition filed by
22the public employer or certified representative of the unit.
23The board’s reconsideration and alteration of a previously
24determined bargaining unit that is not represented by a
25certified representative shall be upon the combined petition
26of an employee organization which also seeks a representation
27election pursuant to section 20.14, subsection 2.
282. Within thirty days of receipt of a petition, the
29board shall conduct a public hearing, receive written or
30oral testimony, and promptly thereafter file issue an order
31defining the appropriate bargaining unit, amending or refusing
32to amend the composition of a represented bargaining unit,
33or reconsidering and altering or refusing to reconsider and
34alter the composition of an unrepresented bargaining unit.
35In defining the unit, or determining whether a unit should
-1-1be amended or reconsidered and altered in response to a
2petition for amendment or reconsideration and alteration,
3 the board shall take into consideration, along with other
4relevant factors, the principles of efficient administration
5of government, the existence of a community of interest among
6public employees, the history and extent of public employee
7organization, geographical location, and the recommendations
8of the parties involved.
93. Notwithstanding the provisions of subsection 1, a
10petition to amend the composition of a represented bargaining
11unit by the removal of all public safety employees from the
12unit may be filed by a public safety employee who is a member
13of the unit. If the petition is accompanied by evidence
14satisfactory to the board that the public safety employees
15in the bargaining unit do not constitute at least thirty
16percent of the employees in the unit and that a majority of
17the public safety employees in the unit support the petition,
18the board shall, within thirty days of finding such evidence
19satisfactory, conduct a public hearing, receive written or oral
20testimony, and promptly thereafter issue an order granting or
21denying the requested amendment to the composition of the unit.
22If the board amends the bargaining unit by removing the public
23safety employees from the unit, the board shall not consider
24any of the following unless a period of two years has elapsed
25since the date of the removal:
26a. A petition filed pursuant to subsection 1 that would
27determine a bargaining unit that would include any removed
28public safety employee still employed by the same public
29employer.
30b. A petition filed pursuant to subsection 1 that would
31amend a represented bargaining unit or reconsider and alter a
32previously determined bargaining unit if acting on the petition
33would result in the inclusion of any removed public safety
34employee employed by the same public employer in a bargaining
35unit.
-2- 13. 4. Appeals from such an order issued pursuant to this
2section shall be governed by the provisions of chapter 17A.
34. 5. Professional and nonprofessional employees shall not
4be included in the same bargaining unit unless a majority of
5both agree.
6 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
7importance, takes effect upon enactment.
8 Sec. 5. APPLICABILITY. The following applies to collective
9bargaining procedures pursuant to chapter 20 initiated on or
10after the effective date of this Act:
11The section of this Act amending section 20.3.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to public safety employees and collective
16bargaining units for purposes of public employee collective
17bargaining.
18The bill designates peace officers employed by regents
19institutions as public safety employees for the purposes of
20collective bargaining pursuant to Code chapter 20, the public
21employment relations Act. Code chapter 20 and Code chapter
22400 include collective bargaining procedures specifically
23applicable to public safety employees that are not applicable
24to other public employees, including procedures relating to
25the scope of collective bargaining negotiations, arbitration
26procedures, and certain matters relating to city civil service
27employment. This provision applies to collective bargaining
28procedures pursuant to Code chapter 20 initiated on or after
29the effective date of the bill.
30The bill provides that the powers and duties of the
31public employment relations board (PERB) include amending
32the composition of previously determined public employee
33collective bargaining units represented by a certified employee
34organization, and reconsidering and altering the composition
35of previously determined public employee collective bargaining
-3-1units which are not represented by a certified employee
2organization.
3The bill provides that amendment by the PERB of a public
4employee collective bargaining unit represented by a certified
5representative shall be upon petition filed by the public
6employer or certified representative of the bargaining unit.
7The bill provides that reconsideration and alteration by the
8PERB of a previously determined public employee collective
9bargaining unit that is not represented by a certified
10representative shall be upon the combined petition of an
11employee organization which also seeks a representation
12election. The bill provides that procedures of the PERB
13applicable to determining a public employee collective
14bargaining unit apply to amending a represented bargaining
15unit or reconsidering and altering a previously determined
16bargaining unit.
17The bill provides that a petition to amend the composition
18of a public employee collective bargaining unit represented
19by a certified representative by removing all public safety
20employees from the bargaining unit may be filed by a public
21safety employee who is a member of the bargaining unit.
22The bill requires the PERB to conduct a public hearing to
23receive written or oral testimony within 30 days of receiving
24such a petition if the petition is accompanied by evidence
25satisfactory to the PERB that the public safety employees in
26the bargaining unit do not constitute at least 30 percent of
27the employees in the bargaining unit and that a majority of
28the public safety employees in the bargaining unit support
29the petition. After the hearing, the bill requires the PERB
30to promptly thereafter issue an order granting or denying the
31requested amendment to the composition of the bargaining unit.
32If the PERB amends the public employee collective bargaining
33unit by removing the public safety employees from the
34bargaining unit, the bill prohibits the PERB from considering
35certain bargaining unit petitions unless a period of two
-4-1years has elapsed since the date of the removal. The first
2prohibited petition is a petition that would determine a
3bargaining unit that would include any removed public safety
4employee still employed by the same public employer. The
5second prohibited petition that would amend a represented
6bargaining unit or reconsider and alter a previously determined
7bargaining unit if acting on the petition would result in the
8inclusion of any removed public safety employee employed by the
9same public employer in a bargaining unit.
10The bill takes effect upon enactment.
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2bargaining units for purposes of public employee collective
3bargaining and including effective date and applicability
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 20.1, subsection 2, paragraph a, Code
22019, is amended to read as follows:
3a. Determining appropriate bargaining units, amending
4the composition of previously determined bargaining units
5represented by a certified employee organization, reconsidering
6and altering the composition of previously determined
7bargaining units which are not represented by a certified
8employee organization, and conducting representation elections.
9 Sec. 2. Section 20.3, subsection 11, Code 2019, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. g. A peace officer employed by a regents
12institution.
13 Sec. 3. Section 20.13, Code 2019, is amended to read as
14follows:
1520.13 Bargaining unit determination, amendment, and
16reconsideration and alteration.
171. Board The board’s determination of an appropriate
18bargaining unit shall be upon petition filed by a public
19employer, public employee, or employee organization. Except
20as provided in subsection 3, the board’s amendment of a
21represented bargaining unit shall be upon petition filed by
22the public employer or certified representative of the unit.
23The board’s reconsideration and alteration of a previously
24determined bargaining unit that is not represented by a
25certified representative shall be upon the combined petition
26of an employee organization which also seeks a representation
27election pursuant to section 20.14, subsection 2.
282. Within thirty days of receipt of a petition, the
29board shall conduct a public hearing, receive written or
30oral testimony, and promptly thereafter file issue an order
31defining the appropriate bargaining unit, amending or refusing
32to amend the composition of a represented bargaining unit,
33or reconsidering and altering or refusing to reconsider and
34alter the composition of an unrepresented bargaining unit.
35In defining the unit, or determining whether a unit should
-1-1be amended or reconsidered and altered in response to a
2petition for amendment or reconsideration and alteration,
3 the board shall take into consideration, along with other
4relevant factors, the principles of efficient administration
5of government, the existence of a community of interest among
6public employees, the history and extent of public employee
7organization, geographical location, and the recommendations
8of the parties involved.
93. Notwithstanding the provisions of subsection 1, a
10petition to amend the composition of a represented bargaining
11unit by the removal of all public safety employees from the
12unit may be filed by a public safety employee who is a member
13of the unit. If the petition is accompanied by evidence
14satisfactory to the board that the public safety employees
15in the bargaining unit do not constitute at least thirty
16percent of the employees in the unit and that a majority of
17the public safety employees in the unit support the petition,
18the board shall, within thirty days of finding such evidence
19satisfactory, conduct a public hearing, receive written or oral
20testimony, and promptly thereafter issue an order granting or
21denying the requested amendment to the composition of the unit.
22If the board amends the bargaining unit by removing the public
23safety employees from the unit, the board shall not consider
24any of the following unless a period of two years has elapsed
25since the date of the removal:
26a. A petition filed pursuant to subsection 1 that would
27determine a bargaining unit that would include any removed
28public safety employee still employed by the same public
29employer.
30b. A petition filed pursuant to subsection 1 that would
31amend a represented bargaining unit or reconsider and alter a
32previously determined bargaining unit if acting on the petition
33would result in the inclusion of any removed public safety
34employee employed by the same public employer in a bargaining
35unit.
-2- 13. 4. Appeals from such an order issued pursuant to this
2section shall be governed by the provisions of chapter 17A.
34. 5. Professional and nonprofessional employees shall not
4be included in the same bargaining unit unless a majority of
5both agree.
6 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
7importance, takes effect upon enactment.
8 Sec. 5. APPLICABILITY. The following applies to collective
9bargaining procedures pursuant to chapter 20 initiated on or
10after the effective date of this Act:
11The section of this Act amending section 20.3.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to public safety employees and collective
16bargaining units for purposes of public employee collective
17bargaining.
18The bill designates peace officers employed by regents
19institutions as public safety employees for the purposes of
20collective bargaining pursuant to Code chapter 20, the public
21employment relations Act. Code chapter 20 and Code chapter
22400 include collective bargaining procedures specifically
23applicable to public safety employees that are not applicable
24to other public employees, including procedures relating to
25the scope of collective bargaining negotiations, arbitration
26procedures, and certain matters relating to city civil service
27employment. This provision applies to collective bargaining
28procedures pursuant to Code chapter 20 initiated on or after
29the effective date of the bill.
30The bill provides that the powers and duties of the
31public employment relations board (PERB) include amending
32the composition of previously determined public employee
33collective bargaining units represented by a certified employee
34organization, and reconsidering and altering the composition
35of previously determined public employee collective bargaining
-3-1units which are not represented by a certified employee
2organization.
3The bill provides that amendment by the PERB of a public
4employee collective bargaining unit represented by a certified
5representative shall be upon petition filed by the public
6employer or certified representative of the bargaining unit.
7The bill provides that reconsideration and alteration by the
8PERB of a previously determined public employee collective
9bargaining unit that is not represented by a certified
10representative shall be upon the combined petition of an
11employee organization which also seeks a representation
12election. The bill provides that procedures of the PERB
13applicable to determining a public employee collective
14bargaining unit apply to amending a represented bargaining
15unit or reconsidering and altering a previously determined
16bargaining unit.
17The bill provides that a petition to amend the composition
18of a public employee collective bargaining unit represented
19by a certified representative by removing all public safety
20employees from the bargaining unit may be filed by a public
21safety employee who is a member of the bargaining unit.
22The bill requires the PERB to conduct a public hearing to
23receive written or oral testimony within 30 days of receiving
24such a petition if the petition is accompanied by evidence
25satisfactory to the PERB that the public safety employees in
26the bargaining unit do not constitute at least 30 percent of
27the employees in the bargaining unit and that a majority of
28the public safety employees in the bargaining unit support
29the petition. After the hearing, the bill requires the PERB
30to promptly thereafter issue an order granting or denying the
31requested amendment to the composition of the bargaining unit.
32If the PERB amends the public employee collective bargaining
33unit by removing the public safety employees from the
34bargaining unit, the bill prohibits the PERB from considering
35certain bargaining unit petitions unless a period of two
-4-1years has elapsed since the date of the removal. The first
2prohibited petition is a petition that would determine a
3bargaining unit that would include any removed public safety
4employee still employed by the same public employer. The
5second prohibited petition that would amend a represented
6bargaining unit or reconsider and alter a previously determined
7bargaining unit if acting on the petition would result in the
8inclusion of any removed public safety employee employed by the
9same public employer in a bargaining unit.
10The bill takes effect upon enactment.
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