Iowa-2015-HF549-Amended
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
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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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