Bill Text: IA HF549 | 2015-2016 | 86th General Assembly | Amended

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Bill Title: A bill for an act relating to collective bargaining arbitration proceedings involving individuals employed by school districts and area education agencies and including applicability provisions. (Formerly HSB 204)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2016-01-12 - Subcommittee, Dearden, Bisignano, and Shipley. S.J. 46. [HF549 Detail]

Download: Iowa-2015-HF549-Amended.html

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House File 549 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LABOR

                                 (SUCCESSOR TO HSB 204)
       (As Amended and Passed by the House March 17, 2015)

                                      A BILL FOR

  1 An Act relating to collective bargaining arbitration
  2    proceedings involving individuals employed by school
  3    districts and area education agencies and including
  4    applicability provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 549 (3) 86
    je/rj/md

PAG LIN



  1  1    Section 1.  Section 20.22, subsections 3, 6, 7, 9, 10, and
  1  2 11, Code 2015, are amended to read as follows:
  1  3    3.  The submission of the impasse items to the arbitrator
  1  4 shall be limited to those items upon which the parties have
  1  5 not reached agreement. With respect to each such item, the
  1  6 arbitrator's award shall be restricted to the final offers on
  1  7 each impasse item submitted by the parties to the arbitrator.
  1  8 However, in an arbitration in which the public employees are
  1  9 employed by a public employer which is a school district or
  1 10 area education agency, the arbitrator's award with respect to
  1 11 each such item shall not be restricted to the final offers on
  1 12 each impasse item submitted by the parties to the arbitrator.
  1 13    6.  From the time the board notifies the arbitrator of the
  1 14 selection of the arbitrator until such time as the arbitrator's
  1 15 selection or decision on each impasse item is made, there shall
  1 16 be no discussion concerning recommendations for settlement of
  1 17 the dispute by the arbitrator with parties other than those who
  1 18 are direct parties to the dispute.
  1 19    7.  The arbitrator shall consider, in addition to any other
  1 20 relevant factors, the following factors:
  1 21    a.  Past collective bargaining contracts between the parties
  1 22 including the bargaining that led up to such contracts.
  1 23    b.  Comparison of wages, hours and conditions of employment
  1 24 of the involved public employees with those of other public
  1 25 employees doing comparable work, giving consideration to
  1 26 factors peculiar to the area and the classifications involved.
  1 27 In an arbitration in which the public employees are employed
  1 28 by a public employer which is a school district or area
  1 29 education agency, the comparison shall also include comparison
  1 30 of wages, hours, and conditions of employment of the involved
  1 31 public employees with those of private sector employees doing
  1 32 comparable work, giving consideration to factors peculiar to
  1 33 the area and the classifications involved.
  1 34    c.  The interests and welfare of the public, the ability of
  1 35 the public employer to finance economic adjustments and the
  2  1 effect of such adjustments on the normal standard of services.
  2  2 The ability of the public employer to finance economic
  2  3 adjustments and the effect of such adjustments on the normal
  2  4 standard of services shall not be considered in an arbitration
  2  5 in which the public employees are employed by a public employer
  2  6 which is a school district or area education agency.
  2  7    d.  The power of the public employer to levy taxes and
  2  8 appropriate funds for the conduct of its operations.  This
  2  9 factor shall not be considered in an arbitration in which the
  2 10 public employees are employed by a public employer which is a
  2 11 school district or area education agency.
  2 12    9.  a.  The For an arbitration in which the public employees
  2 13 are not employed by a public employer which is a school
  2 14 district or area education agency, the arbitrator shall select
  2 15 within fifteen days after the hearing the most reasonable
  2 16 offer, in the arbitrator's judgment, of the final offers on
  2 17 each impasse item submitted by the parties.
  2 18    b.  For an arbitration in which the public employees are
  2 19 employed by a public employer which is a school district
  2 20 or area education agency, the arbitrator shall render a
  2 21 decision within fifteen days after the hearing consisting of
  2 22 the arbitrator's award on each impasse item submitted by the
  2 23 parties. The arbitrator may select one of the final offers on
  2 24 an impasse item submitted by the parties or the arbitrator may
  2 25 make any award which stays within the confines of the final
  2 26 offers on an impasse item submitted by the parties.
  2 27    10.  The selections or decisions by the arbitrator and
  2 28 items agreed upon by the public employer and the employee
  2 29 organization, shall be deemed to be the collective bargaining
  2 30 agreement between the parties.
  2 31    11.  The determination selections or decisions of the
  2 32 arbitrator shall be final and binding subject to the provisions
  2 33 of section 20.17, subsection 6. The arbitrator shall give
  2 34 written explanation for the arbitrator's selections or
  2 35 decisions and inform the parties of the decision.
  3  1    Sec. 2.  APPLICABILITY.  This Act applies to binding
  3  2 arbitrations to which parties submit pursuant to chapter 20 on
  3  3 or after the effective date of this Act.
       HF 549 (3) 86
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