Text: HF2419            Text: HF2421
Complete Bill History


House File 2420

HOUSE FILE BY COMMITTEE ON LABOR (SUCCESSOR TO HSB 702) A BILL FOR 1 An Act concerning public employee collective bargaining, 2 including provisions allowing reasonable reimbursement for 3 employee organization services provided to certain executive 4 branch employees, and including applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5724HV (2) 83 ec/rj PAG LIN 1 1 Section 1. Section 20.3, Code 2009, is amended by adding the 1 2 following new subsections: 1 3 NEW SUBSECTION. 1A. "Bargaining services" means those 1 4 services provided by an employee organization on behalf of 1 5 public employees in a bargaining unit, exclusive of grievance 1 6 services, relating to collective bargaining and contract 1 7 administration. 1 8 NEW SUBSECTION. 4A. "Executive branch public employee" 1 9 means a public employee who is employed within the executive 1 10 branch of this state. 1 11 NEW SUBSECTION. 6A. "Grievance services" means those 1 12 services provided by an employee organization to an employee 1 13 following the submission of a written grievance by the 1 14 employee to an employer which relate to the adjustment of that 1 15 grievance. For purposes of this subsection "grievance" means a 1 16 dispute over the interpretation or application of a collective 1 17 bargaining agreement. 1 18 Sec. 2. Section 20.8, subsection 4, Code 2009, is amended 1 19 to read as follows: 1 20 4. Refuse to join or participate in the activities of 1 21 employee organizations, including the payment of any dues, fees 1 22 or assessments or service fees of any type, except as provided 1 23 in section 20.32. 1 24 Sec. 3. Section 20.9, unnumbered paragraph 1, Code 2009, is 1 25 amended to read as follows: 1 26 The public employer and the employee organization shall meet 1 27 at reasonable times, including meetings reasonably in advance 1 28 of the public employer's budget=making process, to negotiate in 1 29 good faith with respect to wages, hours, vacations, insurance, 1 30 holidays, leaves of absence, shift differentials, overtime 1 31 compensation, supplemental pay, seniority, transfer procedures, 1 32 job classifications, health and safety matters, evaluation 1 33 procedures, procedures for staff reduction, in=service training 1 34 and other matters mutually agreed upon. Negotiations shall 1 35 also include terms authorizing dues checkoff for members of the 2 1 employee organization and grievance procedures for resolving 2 2 any questions arising under the agreement, which shall be 2 3 embodied in a written agreement and signed by the parties. If 2 4 an agreement provides for dues checkoff, a member's dues may 2 5 be checked off only upon the member's written request and the 2 6 member may terminate the dues checkoff at any time by giving 2 7 thirty days' written notice. For executive branch public 2 8 employees, negotiations shall include whether nonmembers of the 2 9 employee organization shall reimburse the employee organization 2 10 for bargaining services or grievance services, or both, 2 11 pursuant to section 20.32. Such obligation to negotiate in 2 12 good faith does not compel either party to agree to a proposal 2 13 or make a concession. 2 14 Sec. 4. NEW SECTION. 20.32 Reasonable reimbursement for 2 15 bargaining and grievance services == procedure. 2 16 1. Overview. When a collective bargaining agreement 2 17 between a public employer and a certified employee organization 2 18 representing executive branch public employees, which 2 19 provides that an employee organization may receive reasonable 2 20 reimbursement for bargaining services and grievance services 2 21 provided to nonmembers of the employee organization, is 2 22 reached by ratification of the agreement or by issuance of an 2 23 arbitration award under section 20.22, the provisions of this 2 24 section shall apply. 2 25 2. Bargaining services. 2 26 a. (1) The public employer shall provide the employee 2 27 organization with a list of the names and addresses of 2 28 employees in the bargaining unit represented by the employee 2 29 organization not later than forty=five days prior to the 2 30 date the collective bargaining agreement takes effect. If 2 31 the collective bargaining agreement has a term of more than 2 32 one year, the list shall be provided by the public employer 2 33 annually, not later than thirty days prior to the commencement 2 34 of the next full year of the contract's term. 2 35 (2) Following receipt by the employee organization of a 3 1 list of employees pursuant to paragraph "a", the employee 3 2 organization shall provide the public employer, if the employee 3 3 organization decides to seek reimbursement for bargaining 3 4 services, with the name of each employee who is not a member 3 5 of the employee organization and is subject to providing 3 6 reasonable reimbursement for bargaining services and the amount 3 7 determined to reasonably reimburse the employee organization 3 8 for bargaining services provided. 3 9 b. (1) The employee organization shall provide the labor 3 10 commissioner with the reasonable reimbursement amount and any 3 11 supporting documentation utilized in determining the reasonable 3 12 reimbursement amount. 3 13 (2) Commencing on the effective date of the collective 3 14 bargaining agreement which provides for the reimbursement 3 15 of bargaining services or, twenty days after the public 3 16 employer's receipt of the names and amounts from the employee 3 17 organization, whichever occurs later, the public employer 3 18 shall, if the employee subject to reasonable reimbursement so 3 19 elects or if the employee does not otherwise reimburse the 3 20 employee organization for bargaining services in a manner 3 21 authorized by the employee organization, deduct by pay period 3 22 or once each month from the wages or salaries of each employee 3 23 required to provide reasonable reimbursement the reasonable 3 24 reimbursement amount specified for that nonmember by the 3 25 employee organization and transmit the amounts deducted to the 3 26 employee organization within thirty days of the deduction. 3 27 (3) A public employee shall not be responsible for 3 28 providing reasonable reimbursement for bargaining services 3 29 prior to the date the public employer is required to deduct 3 30 the reasonable reimbursement amount pursuant to subparagraph 3 31 (2). In addition, if a collective bargaining agreement 3 32 includes a retroactive effective date, the public employee 3 33 shall be responsible for providing reasonable reimbursement for 3 34 bargaining services prospectively only. 3 35 c. For purposes of determining the reasonable reimbursement 4 1 amount for bargaining services for a nonmember of the employee 4 2 organization, the amount shall not exceed sixty=five percent 4 3 of the regular membership dues that the nonmember would 4 4 have to pay if the nonmember were a member of the employee 4 5 organization for that bargaining unit, shall not include costs 4 6 for grievance services, and shall not include any share of the 4 7 costs incurred by the employee organization for fraternal, 4 8 ideological, political, or other activities that are not 4 9 germane to collective bargaining and contract administration. 4 10 Costs that shall be excluded from the reasonable reimbursement 4 11 amount include but are not limited to costs for social events; 4 12 lobbying on issues or for purposes other than the negotiation, 4 13 ratification, or implementation of a collective bargaining 4 14 agreement; voter registration training; efforts to increase 4 15 voting; training in political campaign techniques; supporting 4 16 or contributing to charitable organizations; and supporting or 4 17 contributing to religious or other ideological causes. 4 18 d. As a precondition to the collection of a reasonable 4 19 reimbursement amount for bargaining services, the employee 4 20 organization shall establish and maintain a full and 4 21 fair procedure that conforms with the requirements of the 4 22 Constitution of the United States and the Constitution of the 4 23 State of Iowa and does all of the following: 4 24 (1) Provides nonmembers of the employee organization 4 25 with an annual notice not later than thirty days prior to 4 26 the commencement of each full year of the contract's term 4 27 which informs them of the reasonable reimbursement amount for 4 28 bargaining services, provides them with detailed financial 4 29 information on the calculation of the reasonable reimbursement 4 30 amount, informs them of the procedure by which a nonmember may 4 31 challenge that amount, and provides them with a mechanism for 4 32 reimbursing the employee organization for bargaining services 4 33 in lieu of a deduction from wages or salaries as provided in 4 34 paragraph "b", subparagraph (2). 4 35 (2) Permits challenges by nonmembers to the reasonable 5 1 reimbursement amount for bargaining services. 5 2 (3) Provides for the consolidation of all timely challenges 5 3 and for an impartial hearing, before an arbitrator appointed by 5 4 the American arbitration association pursuant to its rules for 5 5 impartial determination of union fees, conducted in accordance 5 6 with those rules and paid for by the employee organization. 5 7 (4) Provides that the burden of proof relating to the 5 8 propriety of the reasonable reimbursement amount for bargaining 5 9 services is on the employee organization. 5 10 (5) Provides that all reasonable reimbursement amounts 5 11 reasonably in dispute while a challenge is pending shall be 5 12 held by the employee organization in an interest=bearing escrow 5 13 account until a final decision is issued by the arbitrator, at 5 14 which time such funds shall be disbursed in accordance with the 5 15 arbitrator's decision. 5 16 e. The employee organization shall notify the public 5 17 employer of any arbitrator's award issued pursuant to the 5 18 challenge procedure specified in paragraph "d" which reduced 5 19 the reasonable reimbursement amount for bargaining services and 5 20 the public employer shall adjust its deduction from the wages 5 21 or salaries of the challenging nonmembers accordingly. 5 22 f. This subsection shall be enforced through an action in a 5 23 court of competent jurisdiction. 5 24 3. Grievance services. 5 25 a. As a precondition to the collection of a reasonable 5 26 reimbursement amount for grievance services, the employee 5 27 organization shall establish and maintain a full and 5 28 fair procedure that conforms with the requirements of the 5 29 Constitution of the United States and the Constitution of the 5 30 State of Iowa and shall provide nonmembers of the employee 5 31 organization with an annual notice, not later than thirty 5 32 days prior to the commencement of each full year of the 5 33 contract's term, which informs them of the maximum reasonable 5 34 reimbursement amount for grievance services, and provides them 5 35 with sufficient information to gauge the propriety of that 6 1 amount. 6 2 b. If a nonmember of an employee organization subject to 6 3 this section requests and receives grievance services, the 6 4 employee organization shall be entitled to receive reasonable 6 5 reimbursement for the actual cost of the grievance services. 6 6 However, the maximum reasonable reimbursement amount to be 6 7 collected by the employee organization from a nonmember during 6 8 any full year of the contract's term shall not exceed an amount 6 9 equal to ten percent of the annual membership dues that the 6 10 nonmember would have to pay if the nonmember were a member of 6 11 the employee organization for that bargaining unit. 6 12 c. This subsection shall be enforced through an action in a 6 13 court of competent jurisdiction. 6 14 Sec. 5. APPLICABILITY == COLLECTIVE BARGAINING 6 15 AGREEMENTS. The provisions of this Act providing for 6 16 reasonable reimbursement of bargaining services and grievance 6 17 services apply to collective bargaining agreements entered into 6 18 on or after the effective date of this Act. 6 19 EXPLANATION 6 20 This bill concerns executive branch public employee 6 21 collective bargaining with respect to reasonable reimbursement 6 22 of services provided by an employee organization to nonmembers. 6 23 Code section 20.3 is amended to define bargaining services, 6 24 executive branch public employees, and grievance services. The 6 25 bill defines "bargaining services" as those services provided 6 26 to all employees in a bargaining unit, exclusive of grievance 6 27 services, for purposes of collective bargaining and contract 6 28 administration. "Executive branch public employees" is defined 6 29 to include all employees employed within the state executive 6 30 branch. The bill defines "grievance services" to mean those 6 31 services provided by an employee organization on behalf of an 6 32 employee following the submission of a written grievance by the 6 33 employee to an employer which relate to the adjustment of that 6 34 grievance. The bill also defines "grievance". 6 35 Code section 20.9 is amended to provide that, for executive 7 1 branch public employees, negotiations shall include whether 7 2 nonmembers of the employee organization shall reimburse the 7 3 employee organization for bargaining services or grievance 7 4 services, or both, provided pursuant to the requirements of new 7 5 Code section 20.32. 7 6 New Code section 20.32 establishes the procedures to 7 7 follow if an employee organization representing executive 7 8 branch public employees is entitled, pursuant to a collective 7 9 bargaining agreement, to receive reasonable reimbursement 7 10 for bargaining services and grievance services provided to 7 11 nonmembers of the employee organization. 7 12 For reimbursement of bargaining services, the new Code 7 13 section provides that once an agreement is ratified or an 7 14 arbitration award is issued that provides for reasonable 7 15 reimbursement of bargaining services, the public employer 7 16 shall, no later than 45 days prior to the date the agreement 7 17 takes effect, provide the employee organization with a list of 7 18 employees covered by the agreement. If the agreement has a 7 19 term of more than one year, the employer shall provide the list 7 20 on an annual basis. Once the employee organization receives 7 21 the list, the employee organization, if it decides to receive 7 22 reasonable reimbursement, shall provide the employer with a 7 23 list of each nonmember of the employee organization and the 7 24 reasonable reimbursement amount for bargaining services. The 7 25 employee organization shall also inform the labor commissioner 7 26 of the reasonable reimbursement amount for bargaining services 7 27 and how it was determined. The bill provides that the 7 28 reasonable reimbursement amount for bargaining services shall 7 29 not exceed 65 percent of the regular membership dues that 7 30 the nonmember would have paid as a member, shall not include 7 31 costs for grievance services, and shall not include costs of 7 32 the employee organization that are not costs incurred by the 7 33 employee organization and germane to collective bargaining, and 7 34 contract administration. The bill provides that the public 7 35 employer shall begin deducting the reasonable reimbursement 8 1 amount for bargaining services from nonmembers upon the later 8 2 of the effective date of the collective bargaining agreement 8 3 or 20 days after the public employer receives the list of 8 4 nonmembers and the amount of the reasonable reimbursement 8 5 amount for bargaining services. The bill provides that no 8 6 retroactive reimbursements are required. 8 7 For reimbursement of grievance services, the new 8 8 Code section provides that if a nonmember of an employee 8 9 organization receives grievance services, the employee 8 10 organization shall be entitled to receive reasonable 8 11 reimbursement for the actual cost of the grievance services. 8 12 However, the bill provides that the maximum reasonable 8 13 reimbursement amount or amounts to be collected by the 8 14 employee organization from a nonmember during any full year 8 15 of the contract's term shall not exceed an amount equal to 8 16 10 percent of the annual membership dues of the employee 8 17 organization. The employee organization may enforce its right 8 18 to reimbursement through an action in a court of competent 8 19 jurisdiction. 8 20 The bill further provides that the provisions of the bill 8 21 providing for reasonable reimbursement of bargaining and 8 22 grievance services shall only apply to collective bargaining 8 23 agreements entered into on or after the effective date of the 8 24 bill. LSB 5724HV (2) 83 ec/rj
Text: HF2419            Text: HF2421 Complete Bill History