Bill Text: IA HSB204 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to collective bargaining arbitration proceedings involving teachers employed by school districts and area education agencies and including applicability provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-03-05 - Voted - Labor. [HSB204 Detail]
Download: Iowa-2015-HSB204-Introduced.html
House
Study
Bill
204
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LABOR
BILL
BY
CHAIRPERSON
FORRISTALL)
A
BILL
FOR
An
Act
relating
to
collective
bargaining
arbitration
1
proceedings
involving
teachers
employed
by
school
districts
2
and
area
education
agencies
and
including
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
20.22,
subsections
3,
6,
7,
9,
10,
and
1
11,
Code
2015,
are
amended
to
read
as
follows:
2
3.
The
submission
of
the
impasse
items
to
the
arbitrator
3
shall
be
limited
to
those
items
upon
which
the
parties
have
4
not
reached
agreement.
With
respect
to
each
such
item,
the
5
arbitrator’s
award
shall
be
restricted
to
the
final
offers
on
6
each
impasse
item
submitted
by
the
parties
to
the
arbitrator.
7
However,
in
an
arbitration
in
which
the
public
employees
are
8
teachers
licensed
under
chapter
272
who
are
employed
by
a
9
public
employer
which
is
a
school
district
or
area
education
10
agency,
the
arbitrator’s
award
with
respect
to
each
such
item
11
shall
not
be
restricted
to
the
final
offers
on
each
impasse
12
item
submitted
by
the
parties
to
the
arbitrator.
13
6.
From
the
time
the
board
notifies
the
arbitrator
of
the
14
selection
of
the
arbitrator
until
such
time
as
the
arbitrator’s
15
selection
or
decision
on
each
impasse
item
is
made,
there
shall
16
be
no
discussion
concerning
recommendations
for
settlement
of
17
the
dispute
by
the
arbitrator
with
parties
other
than
those
who
18
are
direct
parties
to
the
dispute.
19
7.
The
arbitrator
shall
consider,
in
addition
to
any
other
20
relevant
factors,
the
following
factors:
21
a.
Past
collective
bargaining
contracts
between
the
parties
22
including
the
bargaining
that
led
up
to
such
contracts.
23
b.
Comparison
of
wages,
hours
and
conditions
of
employment
24
of
the
involved
public
employees
with
those
of
other
public
25
employees
doing
comparable
work,
giving
consideration
to
26
factors
peculiar
to
the
area
and
the
classifications
involved.
27
In
an
arbitration
in
which
the
public
employees
are
teachers
28
licensed
under
chapter
272
who
are
employed
by
a
public
29
employer
which
is
a
school
district
or
area
education
agency,
30
the
comparison
shall
also
include
comparison
of
wages,
hours,
31
and
conditions
of
employment
of
the
involved
public
employees
32
with
those
of
private
sector
employees
doing
comparable
work,
33
giving
consideration
to
factors
peculiar
to
the
area
and
the
34
classifications
involved.
35
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c.
The
interests
and
welfare
of
the
public,
the
ability
1
of
the
public
employer
to
finance
economic
adjustments
and
2
the
effect
of
such
adjustments
on
the
normal
standard
of
3
services.
The
ability
of
the
public
employer
to
finance
4
economic
adjustments
and
the
effect
of
such
adjustments
on
5
the
normal
standard
of
services
shall
not
be
considered
in
an
6
arbitration
in
which
the
public
employees
are
teachers
licensed
7
under
chapter
272
who
are
employed
by
a
public
employer
which
8
is
a
school
district
or
area
education
agency.
9
d.
The
power
of
the
public
employer
to
levy
taxes
and
10
appropriate
funds
for
the
conduct
of
its
operations.
This
11
factor
shall
not
be
considered
in
an
arbitration
in
which
the
12
public
employees
are
teachers
licensed
under
chapter
272
who
13
are
employed
by
a
public
employer
which
is
a
school
district
or
14
area
education
agency.
15
9.
a.
The
For
an
arbitration
in
which
the
public
employees
16
are
not
teachers
licensed
under
chapter
272
who
are
employed
by
17
a
public
employer
which
is
a
school
district
or
area
education
18
agency,
the
arbitrator
shall
select
within
fifteen
days
after
19
the
hearing
the
most
reasonable
offer,
in
the
arbitrator’s
20
judgment,
of
the
final
offers
on
each
impasse
item
submitted
21
by
the
parties.
22
b.
For
an
arbitration
in
which
the
public
employees
are
23
teachers
licensed
under
chapter
272
who
are
employed
by
a
24
public
employer
which
is
a
school
district
or
area
education
25
agency,
the
arbitrator
shall
render
a
decision
within
fifteen
26
days
after
the
hearing
consisting
of
the
arbitrator’s
award
on
27
each
impasse
item
submitted
by
the
parties.
The
arbitrator
may
28
select
one
of
the
final
offers
on
an
impasse
item
submitted
by
29
the
parties
or
the
arbitrator
may
make
any
award
which
stays
30
within
the
confines
of
the
final
offers
on
an
impasse
item
31
submitted
by
the
parties.
32
10.
The
selections
or
decisions
by
the
arbitrator
and
33
items
agreed
upon
by
the
public
employer
and
the
employee
34
organization,
shall
be
deemed
to
be
the
collective
bargaining
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agreement
between
the
parties.
1
11.
The
determination
selections
or
decisions
of
the
2
arbitrator
shall
be
final
and
binding
subject
to
the
provisions
3
of
section
20.17,
subsection
6
.
The
arbitrator
shall
give
4
written
explanation
for
the
arbitrator’s
selections
or
5
decisions
and
inform
the
parties
of
the
decision.
6
Sec.
2.
APPLICABILITY.
This
Act
applies
to
binding
7
arbitrations
to
which
parties
submit
pursuant
to
chapter
20
on
8
or
after
the
effective
date
of
this
Act.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
provides
that,
in
an
arbitration
pursuant
to
Code
13
chapter
20,
the
public
employment
relations
Act,
in
which
the
14
public
employees
are
teachers
licensed
under
Code
chapter
15
272
who
are
employed
by
a
public
employer
which
is
a
school
16
district
or
area
education
agency,
the
arbitrator’s
award
with
17
respect
to
each
impasse
item
shall
not
be
restricted
to
the
18
final
offers
on
each
such
item
submitted
by
the
parties
to
the
19
arbitrator.
The
arbitrator
may
select
one
of
the
final
offers
20
on
an
impasse
item
or
may
make
an
award
which
stays
within
the
21
confines
of
the
final
offers
on
an
impasse
item.
Under
current
22
law,
an
arbitrator
is
only
permitted
to
choose
between
the
23
final
offers
of
the
parties
on
each
impasse
item.
24
The
bill
modifies
the
factors
that
an
arbitrator
in
an
25
arbitration
in
which
the
public
employees
are
teachers
licensed
26
under
Code
chapter
272
who
are
employed
by
a
public
employer
27
which
is
a
school
district
or
area
education
agency
may
28
consider
when
making
a
decision
on
an
impasse
item.
29
The
bill
requires
an
arbitrator
to
consider
a
comparison
30
of
wages,
hours,
and
conditions
of
employment
of
the
involved
31
public
employees
with
those
of
private
sector
employees
doing
32
comparable
work,
giving
consideration
to
factors
peculiar
to
33
the
area
and
the
classifications
involved.
34
The
bill
prohibits
an
arbitrator
from
considering
the
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ability
of
the
public
employer
to
finance
economic
adjustments
1
and
the
effect
of
such
adjustments
on
the
normal
standard
2
of
services.
The
bill
also
prohibits
an
arbitrator
from
3
considering
the
power
of
the
public
employer
to
levy
taxes
and
4
appropriate
funds
for
the
conduct
of
its
operations.
5
The
bill
applies
to
binding
teacher
contract
arbitrations
to
6
which
parties
submit
pursuant
to
Code
chapter
20
on
or
after
7
the
effective
date
of
the
bill.
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