Text: HF2419
Text: HF2421
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:
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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.
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Text: HF2419
Text: HF2421