Bill Text: IA HF2107 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to employee organization elections administered by the public employment relations board and including effective date and applicability provisions.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2018-01-25 - Subcommittee: Wheeler, Hunter and Watts. H.J. 155. [HF2107 Detail]
Download: Iowa-2017-HF2107-Introduced.html
House File 2107 - Introduced HOUSE FILE BY KACENA, McCONKEY, KEARNS, HUNTER, KURTH, STAED, OLDSON, BENNETT, STECKMAN, GASKILL, COHOON, WOLFE, WINCKLER, LENSING, GAINES, H. MILLER, BRECKENRIDGE, NIELSEN, MASCHER, OURTH, T. TAYLOR, BROWN=POWERS, HEDDENS, and HALL A BILL FOR 1 An Act relating to employee organization elections administered 2 by the public employment relations board and including 3 effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5514YH (4) 87 je/rj PAG LIN 1 1 Section 1. Section 20.15, Code 2018, is amended by striking 1 2 the section and inserting in lieu thereof the following: 1 3 20.15 Elections. 1 4 1. Upon the filing of a petition for certification of an 1 5 employee organization, the board shall submit a question to 1 6 the public employees at an election in the bargaining unit 1 7 found appropriate by the board. The question on the ballot 1 8 shall permit the public employees to vote for no bargaining 1 9 representation or for any employee organization which has 1 10 petitioned for certification or which has presented proof 1 11 satisfactory to the board of support of ten percent or more of 1 12 the public employees in the appropriate unit. 1 13 2. If a majority of the votes cast on the question is 1 14 for no bargaining representation, the public employees in 1 15 the bargaining unit found appropriate by the board shall not 1 16 be represented by an employee organization. If a majority 1 17 of the votes cast on the question is for a listed employee 1 18 organization, then that employee organization shall represent 1 19 the public employees in the bargaining unit found appropriate 1 20 by the board. 1 21 3. If none of the choices on the ballot receives the vote 1 22 of a majority of the public employees voting, the board shall 1 23 conduct a runoff election among the two choices receiving the 1 24 greatest number of votes. 1 25 4. Upon written objections filed by any party to the 1 26 election within ten days after notice of the results of 1 27 the election, if the board finds that misconduct or other 1 28 circumstances prevented the public employees eligible to 1 29 vote from freely expressing their preferences, the board may 1 30 invalidate the election and hold a second election for the 1 31 public employees. 1 32 5. Upon completion of a valid election in which the majority 1 33 choice of the employees voting is determined, the board shall 1 34 certify the results of the election and shall give reasonable 1 35 notice of the order to all employee organizations listed on the 2 1 ballot, the public employers, and the public employees in the 2 2 appropriate bargaining unit. 2 3 6. a. A petition for certification as exclusive bargaining 2 4 representative of a bargaining unit shall not be considered 2 5 by the board for a period of one year from the date of the 2 6 noncertification of an employee organization as the exclusive 2 7 bargaining representative of that bargaining unit following a 2 8 certification election. A petition for certification as the 2 9 exclusive bargaining representative of a bargaining unit shall 2 10 also not be considered by the board if the bargaining unit is 2 11 at that time represented by a certified exclusive bargaining 2 12 representative. 2 13 b. A petition for the decertification of the exclusive 2 14 bargaining representative of a bargaining unit shall not be 2 15 considered by the board for a period of one year from the date 2 16 of its certification, or within one year of its continued 2 17 certification following a decertification election, or during 2 18 the duration of a collective bargaining agreement which, for 2 19 purposes of this section, shall be deemed not to exceed two 2 20 years. However, if a petition for decertification is filed 2 21 during the duration of a collective bargaining agreement, the 2 22 board shall award an election under this section not more than 2 23 one hundred eighty days and not less than one hundred fifty 2 24 days prior to the expiration of the collective bargaining 2 25 agreement. If an employee organization is decertified, the 2 26 board may receive petitions under section 20.14, provided that 2 27 no such petition and no election conducted pursuant to such 2 28 petition within one year from decertification shall include as 2 29 a party the decertified employee organization. 2 30 7. A collective bargaining agreement with the state, its 2 31 boards, commissions, departments, and agencies shall be for two 2 32 years. The provisions of a collective bargaining agreement or 2 33 arbitrator's award affecting state employees shall not provide 2 34 for renegotiations which would require the refinancing of 2 35 salary and fringe benefits for the second year of the term of 3 1 the agreement, except as provided in section 20.17, subsection 3 2 6. The effective date of any such agreement shall be July 1 of 3 3 odd=numbered years, provided that if an exclusive bargaining 3 4 representative is certified on a date which will prevent the 3 5 negotiation of a collective bargaining agreement prior to 3 6 July 1 of odd=numbered years for a period of two years, the 3 7 certified collective bargaining representative may negotiate 3 8 a one=year contract with the public employer which shall be 3 9 effective from July 1 of the even=numbered year to July 1 3 10 of the succeeding odd=numbered year when new contracts shall 3 11 become effective. 3 12 Sec. 2. Section 22.7, subsection 69, Code 2018, is amended 3 13 to read as follows: 3 14 69. The evidence of public employee support for 3 15 the certification, retention and recertification,or 3 16 decertification of an employee organization as defined in 3 17 section 20.3 that is submitted to the public employment 3 18 relations board as provided in section 20.14 or 20.15. 3 19 Sec. 3. Section 22.7, subsection 70, Code 2018, is amended 3 20 to read as follows: 3 21 70. Information indicating whether a public employee 3 22 voted in a certification, retention and recertification,or 3 23 decertification election held pursuant to section 20.15 or 3 24 how the employee voted on any question on a ballot in such an 3 25 election. 3 26 Sec. 4. Section 602.1401, subsection 3, paragraph b, Code 3 27 2018, is amended to read as follows: 3 28 b. For purposes of chapter 20, the certified representative, 3 29 which on July 1, 1983, represents employees who become judicial 3 30 branch employees as a result of 1983 Iowa Acts, ch. 186, shall 3 31 remain the certified representative when the employees become 3 32 judicial branch employees and thereafter, unless the public 3 33 employee organization isnot retained and recertified or is3 34 decertified in an election held under section 20.15 or amended 3 35 or absorbed into another certified organization pursuant to 4 1 chapter 20. Collective bargaining negotiations shall be 4 2 conducted on a statewide basis and the certified employee 4 3 organizations which engage in bargaining shall negotiate on a 4 4 statewide basis, although bargaining units shall be organized 4 5 by judicial district. The public employment relations board 4 6 shall adopt rules pursuant to chapter 17A to implement this 4 7 subsection. 4 8 Sec. 5. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD. 4 9 1. The public employment relations board shall cancel any 4 10 elections scheduled or in process pursuant to section 20.15, 4 11 subsection 2, Code 2018, as of the effective date of this Act. 4 12 2. Notwithstanding section 20.15, subsection 1, paragraph 4 13 "c", Code 2018, the public employment relations board 4 14 shall consider a petition for certification of an employee 4 15 organization as the exclusive representative of a bargaining 4 16 unit for which an employee organization was not retained and 4 17 recertified as the exclusive representative of that bargaining 4 18 unit regardless of the amount of time that has elapsed since 4 19 the retention and recertification election at which an employee 4 20 organization was not retained or recertified. 4 21 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 4 22 importance, takes effect upon enactment. 4 23 Sec. 7. APPLICABILITY. This Act applies to all elections 4 24 carried out pursuant to section 20.15 on and after the 4 25 effective date of this Act. 4 26 EXPLANATION 4 27 The inclusion of this explanation does not constitute agreement with 4 28 the explanation's substance by the members of the general assembly. 4 29 This bill strikes and rewrites Code section 20.15, relating 4 30 to elections for employee organizations representing public 4 31 employee collective bargaining units pursuant to Code chapter 4 32 20. The bill strikes statutory changes made by 2017 Iowa Acts, 4 33 ch. 2 (House File 291), and restores statutory language in 4 34 effect prior to the enactment of 2017 Iowa Acts, ch. 2 (House 4 35 File 291). 5 1 The bill eliminates language providing for retention and 5 2 recertification elections. The bill requires the public 5 3 employment relations board to cancel any such elections 5 4 scheduled or in process. The bill requires the board 5 5 to consider a petition for certification of an employee 5 6 organization as the exclusive representative of a bargaining 5 7 unit for which an employee organization was not retained and 5 8 recertified as the exclusive representative of that bargaining 5 9 unit regardless of the amount of time that has elapsed since 5 10 the retention and recertification election, notwithstanding 5 11 prior requirements prohibiting such consideration for two 5 12 years. 5 13 The bill provides that the outcome of a certification or 5 14 decertification election is determined by a majority vote of 5 15 the members of the bargaining unit voting, rather than the 5 16 total membership of the bargaining unit. The bill provides for 5 17 a runoff election if none of the choices on the ballot in a 5 18 certification election receives a majority vote of the members 5 19 of the bargaining unit voting. 5 20 The bill lowers the required percentage of support from 5 21 employees in a bargaining unit required for an employee 5 22 organization that did not submit a petition for certification 5 23 as the exclusive bargaining representative of a bargaining unit 5 24 to be listed on the ballot for a certification election from 30 5 25 percent to 10 percent. 5 26 The bill strikes language prohibiting the board from 5 27 considering a petition for certification as the exclusive 5 28 bargaining representative of a bargaining unit unless a 5 29 period of two years has elapsed from the date of the last 5 30 certification election in which an employee organization 5 31 was not certified as the exclusive representative of that 5 32 bargaining unit or of the last decertification election in 5 33 which an employee organization was decertified as the exclusive 5 34 representative of that bargaining unit. The bill prohibits 5 35 the board from considering a petition for certification as the 6 1 exclusive bargaining representative of a bargaining unit for 6 2 one year after the employee organization is not certified in 6 3 a certification election. The bill makes additional changes 6 4 relating to the scheduling of decertification elections. 6 5 The bill makes conforming changes. 6 6 The bill takes effect upon enactment and applies to all 6 7 elections carried out pursuant to Code section 20.15 on and 6 8 after the effective date of the bill. LSB 5514YH (4) 87 je/rj
