Print
House File 2107 - IntroducedA Bill ForAn Act 1relating to employee organization elections administered
2by the public employment relations board and including
3effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 20.15, Code 2018, is amended by striking
2the section and inserting in lieu thereof the following:
320.15 Elections.
41. Upon the filing of a petition for certification of an
5employee organization, the board shall submit a question to
6the public employees at an election in the bargaining unit
7found appropriate by the board. The question on the ballot
8shall permit the public employees to vote for no bargaining
9representation or for any employee organization which has
10petitioned for certification or which has presented proof
11satisfactory to the board of support of ten percent or more of
12the public employees in the appropriate unit.
132. If a majority of the votes cast on the question is
14for no bargaining representation, the public employees in
15the bargaining unit found appropriate by the board shall not
16be represented by an employee organization. If a majority
17of the votes cast on the question is for a listed employee
18organization, then that employee organization shall represent
19the public employees in the bargaining unit found appropriate
20by the board.
213. If none of the choices on the ballot receives the vote
22of a majority of the public employees voting, the board shall
23conduct a runoff election among the two choices receiving the
24greatest number of votes.
254. Upon written objections filed by any party to the
26election within ten days after notice of the results of
27the election, if the board finds that misconduct or other
28circumstances prevented the public employees eligible to
29vote from freely expressing their preferences, the board may
30invalidate the election and hold a second election for the
31public employees.
325. Upon completion of a valid election in which the majority
33choice of the employees voting is determined, the board shall
34certify the results of the election and shall give reasonable
35notice of the order to all employee organizations listed on the
-1-1ballot, the public employers, and the public employees in the
2appropriate bargaining unit.
36. a. A petition for certification as exclusive bargaining
4representative of a bargaining unit shall not be considered
5by the board for a period of one year from the date of the
6noncertification of an employee organization as the exclusive
7bargaining representative of that bargaining unit following a
8certification election. A petition for certification as the
9exclusive bargaining representative of a bargaining unit shall
10also not be considered by the board if the bargaining unit is
11at that time represented by a certified exclusive bargaining
12representative.
13b. A petition for the decertification of the exclusive
14bargaining representative of a bargaining unit shall not be
15considered by the board for a period of one year from the date
16of its certification, or within one year of its continued
17certification following a decertification election, or during
18the duration of a collective bargaining agreement which, for
19purposes of this section, shall be deemed not to exceed two
20years. However, if a petition for decertification is filed
21during the duration of a collective bargaining agreement, the
22board shall award an election under this section not more than
23one hundred eighty days and not less than one hundred fifty
24days prior to the expiration of the collective bargaining
25agreement. If an employee organization is decertified, the
26board may receive petitions under section 20.14, provided that
27no such petition and no election conducted pursuant to such
28petition within one year from decertification shall include as
29a party the decertified employee organization.
307. A collective bargaining agreement with the state, its
31boards, commissions, departments, and agencies shall be for two
32years. The provisions of a collective bargaining agreement or
33arbitrator’s award affecting state employees shall not provide
34for renegotiations which would require the refinancing of
35salary and fringe benefits for the second year of the term of
-2-1the agreement, except as provided in section 20.17, subsection
26. The effective date of any such agreement shall be July 1 of
3odd-numbered years, provided that if an exclusive bargaining
4representative is certified on a date which will prevent the
5negotiation of a collective bargaining agreement prior to
6July 1 of odd-numbered years for a period of two years, the
7certified collective bargaining representative may negotiate
8a one-year contract with the public employer which shall be
9effective from July 1 of the even-numbered year to July 1
10of the succeeding odd-numbered year when new contracts shall
11become effective.
12 Sec. 2. Section 22.7, subsection 69, Code 2018, is amended
13to read as follows:
1469. The evidence of public employee support for
15the certification, retention and recertification, or
16decertification of an employee organization as defined in
17section 20.3 that is submitted to the public employment
18relations board as provided in section 20.14 or 20.15.
19 Sec. 3. Section 22.7, subsection 70, Code 2018, is amended
20to read as follows:
2170. Information indicating whether a public employee
22voted in a certification, retention and recertification, or
23decertification election held pursuant to section 20.15 or
24how the employee voted on any question on a ballot in such an
25election.
26 Sec. 4. Section 602.1401, subsection 3, paragraph b, Code
272018, is amended to read as follows:
28b. For purposes of chapter 20, the certified representative,
29which on July 1, 1983, represents employees who become judicial
30branch employees as a result of 1983 Iowa Acts, ch.186, shall
31remain the certified representative when the employees become
32judicial branch employees and thereafter, unless the public
33employee organization is not retained and recertified or is
34 decertified in an election held under section 20.15 or amended
35or absorbed into another certified organization pursuant to
-3-1chapter 20. Collective bargaining negotiations shall be
2conducted on a statewide basis and the certified employee
3organizations which engage in bargaining shall negotiate on a
4statewide basis, although bargaining units shall be organized
5by judicial district. The public employment relations board
6shall adopt rules pursuant to chapter 17A to implement this
7subsection.
8 Sec. 5. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD.
91. The public employment relations board shall cancel any
10elections scheduled or in process pursuant to section 20.15,
11subsection 2, Code 2018, as of the effective date of this Act.
122. Notwithstanding section 20.15, subsection 1, paragraph
13“c”, Code 2018, the public employment relations board
14shall consider a petition for certification of an employee
15organization as the exclusive representative of a bargaining
16unit for which an employee organization was not retained and
17recertified as the exclusive representative of that bargaining
18unit regardless of the amount of time that has elapsed since
19the retention and recertification election at which an employee
20organization was not retained or recertified.
21 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate
22importance, takes effect upon enactment.
23 Sec. 7. APPLICABILITY. This Act applies to all elections
24carried out pursuant to section 20.15 on and after the
25effective date of this Act.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill strikes and rewrites Code section 20.15, relating
30to elections for employee organizations representing public
31employee collective bargaining units pursuant to Code chapter
3220. The bill strikes statutory changes made by 2017 Iowa Acts,
33ch.2 (House File 291), and restores statutory language in
34effect prior to the enactment of 2017 Iowa Acts, ch.2 (House
35File 291).
-4- 1The bill eliminates language providing for retention and
2recertification elections. The bill requires the public
3employment relations board to cancel any such elections
4scheduled or in process. The bill requires the board
5to consider a petition for certification of an employee
6organization as the exclusive representative of a bargaining
7unit for which an employee organization was not retained and
8recertified as the exclusive representative of that bargaining
9unit regardless of the amount of time that has elapsed since
10the retention and recertification election, notwithstanding
11prior requirements prohibiting such consideration for two
12years.
13The bill provides that the outcome of a certification or
14decertification election is determined by a majority vote of
15the members of the bargaining unit voting, rather than the
16total membership of the bargaining unit. The bill provides for
17a runoff election if none of the choices on the ballot in a
18certification election receives a majority vote of the members
19of the bargaining unit voting.
20The bill lowers the required percentage of support from
21employees in a bargaining unit required for an employee
22organization that did not submit a petition for certification
23as the exclusive bargaining representative of a bargaining unit
24to be listed on the ballot for a certification election from 30
25percent to 10 percent.
26The bill strikes language prohibiting the board from
27considering a petition for certification as the exclusive
28bargaining representative of a bargaining unit unless a
29period of two years has elapsed from the date of the last
30certification election in which an employee organization
31was not certified as the exclusive representative of that
32bargaining unit or of the last decertification election in
33which an employee organization was decertified as the exclusive
34representative of that bargaining unit. The bill prohibits
35the board from considering a petition for certification as the
-5-1exclusive bargaining representative of a bargaining unit for
2one year after the employee organization is not certified in
3a certification election. The bill makes additional changes
4relating to the scheduling of decertification elections.
5The bill makes conforming changes.
6The bill takes effect upon enactment and applies to all
7elections carried out pursuant to Code section 20.15 on and
8after the effective date of the bill.
-6-je/rj
2by the public employment relations board and including
3effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 20.15, Code 2018, is amended by striking
2the section and inserting in lieu thereof the following:
320.15 Elections.
41. Upon the filing of a petition for certification of an
5employee organization, the board shall submit a question to
6the public employees at an election in the bargaining unit
7found appropriate by the board. The question on the ballot
8shall permit the public employees to vote for no bargaining
9representation or for any employee organization which has
10petitioned for certification or which has presented proof
11satisfactory to the board of support of ten percent or more of
12the public employees in the appropriate unit.
132. If a majority of the votes cast on the question is
14for no bargaining representation, the public employees in
15the bargaining unit found appropriate by the board shall not
16be represented by an employee organization. If a majority
17of the votes cast on the question is for a listed employee
18organization, then that employee organization shall represent
19the public employees in the bargaining unit found appropriate
20by the board.
213. If none of the choices on the ballot receives the vote
22of a majority of the public employees voting, the board shall
23conduct a runoff election among the two choices receiving the
24greatest number of votes.
254. Upon written objections filed by any party to the
26election within ten days after notice of the results of
27the election, if the board finds that misconduct or other
28circumstances prevented the public employees eligible to
29vote from freely expressing their preferences, the board may
30invalidate the election and hold a second election for the
31public employees.
325. Upon completion of a valid election in which the majority
33choice of the employees voting is determined, the board shall
34certify the results of the election and shall give reasonable
35notice of the order to all employee organizations listed on the
-1-1ballot, the public employers, and the public employees in the
2appropriate bargaining unit.
36. a. A petition for certification as exclusive bargaining
4representative of a bargaining unit shall not be considered
5by the board for a period of one year from the date of the
6noncertification of an employee organization as the exclusive
7bargaining representative of that bargaining unit following a
8certification election. A petition for certification as the
9exclusive bargaining representative of a bargaining unit shall
10also not be considered by the board if the bargaining unit is
11at that time represented by a certified exclusive bargaining
12representative.
13b. A petition for the decertification of the exclusive
14bargaining representative of a bargaining unit shall not be
15considered by the board for a period of one year from the date
16of its certification, or within one year of its continued
17certification following a decertification election, or during
18the duration of a collective bargaining agreement which, for
19purposes of this section, shall be deemed not to exceed two
20years. However, if a petition for decertification is filed
21during the duration of a collective bargaining agreement, the
22board shall award an election under this section not more than
23one hundred eighty days and not less than one hundred fifty
24days prior to the expiration of the collective bargaining
25agreement. If an employee organization is decertified, the
26board may receive petitions under section 20.14, provided that
27no such petition and no election conducted pursuant to such
28petition within one year from decertification shall include as
29a party the decertified employee organization.
307. A collective bargaining agreement with the state, its
31boards, commissions, departments, and agencies shall be for two
32years. The provisions of a collective bargaining agreement or
33arbitrator’s award affecting state employees shall not provide
34for renegotiations which would require the refinancing of
35salary and fringe benefits for the second year of the term of
-2-1the agreement, except as provided in section 20.17, subsection
26. The effective date of any such agreement shall be July 1 of
3odd-numbered years, provided that if an exclusive bargaining
4representative is certified on a date which will prevent the
5negotiation of a collective bargaining agreement prior to
6July 1 of odd-numbered years for a period of two years, the
7certified collective bargaining representative may negotiate
8a one-year contract with the public employer which shall be
9effective from July 1 of the even-numbered year to July 1
10of the succeeding odd-numbered year when new contracts shall
11become effective.
12 Sec. 2. Section 22.7, subsection 69, Code 2018, is amended
13to read as follows:
1469. The evidence of public employee support for
15the certification, retention and recertification, or
16decertification of an employee organization as defined in
17section 20.3 that is submitted to the public employment
18relations board as provided in section 20.14 or 20.15.
19 Sec. 3. Section 22.7, subsection 70, Code 2018, is amended
20to read as follows:
2170. Information indicating whether a public employee
22voted in a certification, retention and recertification, or
23decertification election held pursuant to section 20.15 or
24how the employee voted on any question on a ballot in such an
25election.
26 Sec. 4. Section 602.1401, subsection 3, paragraph b, Code
272018, is amended to read as follows:
28b. For purposes of chapter 20, the certified representative,
29which on July 1, 1983, represents employees who become judicial
30branch employees as a result of 1983 Iowa Acts, ch.186, shall
31remain the certified representative when the employees become
32judicial branch employees and thereafter, unless the public
33employee organization is not retained and recertified or is
34 decertified in an election held under section 20.15 or amended
35or absorbed into another certified organization pursuant to
-3-1chapter 20. Collective bargaining negotiations shall be
2conducted on a statewide basis and the certified employee
3organizations which engage in bargaining shall negotiate on a
4statewide basis, although bargaining units shall be organized
5by judicial district. The public employment relations board
6shall adopt rules pursuant to chapter 17A to implement this
7subsection.
8 Sec. 5. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD.
91. The public employment relations board shall cancel any
10elections scheduled or in process pursuant to section 20.15,
11subsection 2, Code 2018, as of the effective date of this Act.
122. Notwithstanding section 20.15, subsection 1, paragraph
13“c”, Code 2018, the public employment relations board
14shall consider a petition for certification of an employee
15organization as the exclusive representative of a bargaining
16unit for which an employee organization was not retained and
17recertified as the exclusive representative of that bargaining
18unit regardless of the amount of time that has elapsed since
19the retention and recertification election at which an employee
20organization was not retained or recertified.
21 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate
22importance, takes effect upon enactment.
23 Sec. 7. APPLICABILITY. This Act applies to all elections
24carried out pursuant to section 20.15 on and after the
25effective date of this Act.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill strikes and rewrites Code section 20.15, relating
30to elections for employee organizations representing public
31employee collective bargaining units pursuant to Code chapter
3220. The bill strikes statutory changes made by 2017 Iowa Acts,
33ch.2 (House File 291), and restores statutory language in
34effect prior to the enactment of 2017 Iowa Acts, ch.2 (House
35File 291).
-4- 1The bill eliminates language providing for retention and
2recertification elections. The bill requires the public
3employment relations board to cancel any such elections
4scheduled or in process. The bill requires the board
5to consider a petition for certification of an employee
6organization as the exclusive representative of a bargaining
7unit for which an employee organization was not retained and
8recertified as the exclusive representative of that bargaining
9unit regardless of the amount of time that has elapsed since
10the retention and recertification election, notwithstanding
11prior requirements prohibiting such consideration for two
12years.
13The bill provides that the outcome of a certification or
14decertification election is determined by a majority vote of
15the members of the bargaining unit voting, rather than the
16total membership of the bargaining unit. The bill provides for
17a runoff election if none of the choices on the ballot in a
18certification election receives a majority vote of the members
19of the bargaining unit voting.
20The bill lowers the required percentage of support from
21employees in a bargaining unit required for an employee
22organization that did not submit a petition for certification
23as the exclusive bargaining representative of a bargaining unit
24to be listed on the ballot for a certification election from 30
25percent to 10 percent.
26The bill strikes language prohibiting the board from
27considering a petition for certification as the exclusive
28bargaining representative of a bargaining unit unless a
29period of two years has elapsed from the date of the last
30certification election in which an employee organization
31was not certified as the exclusive representative of that
32bargaining unit or of the last decertification election in
33which an employee organization was decertified as the exclusive
34representative of that bargaining unit. The bill prohibits
35the board from considering a petition for certification as the
-5-1exclusive bargaining representative of a bargaining unit for
2one year after the employee organization is not certified in
3a certification election. The bill makes additional changes
4relating to the scheduling of decertification elections.
5The bill makes conforming changes.
6The bill takes effect upon enactment and applies to all
7elections carried out pursuant to Code section 20.15 on and
8after the effective date of the bill.
-6-je/rj