Bill Text: IA HF177 | 2021-2022 | 89th 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 15-0)
Status: (Introduced - Dead) 2021-01-22 - Introduced, referred to Labor. H.J. 184. [HF177 Detail]
Download: Iowa-2021-HF177-Introduced.html
House
File
177
-
Introduced
HOUSE
FILE
177
BY
HUNTER
,
OLSON
,
JACOBY
,
ANDERSON
,
KRESSIG
,
CAHILL
,
WILBURN
,
STAED
,
KONFRST
,
JAMES
,
WINCKLER
,
MASCHER
,
BROWN-POWERS
,
GJERDE
,
and
EHLERT
A
BILL
FOR
An
Act
relating
to
employee
organization
elections
administered
1
by
the
public
employment
relations
board
and
including
2
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
20.15,
Code
2021,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
20.15
Elections.
3
1.
Upon
the
filing
of
a
petition
for
certification
of
an
4
employee
organization,
the
board
shall
submit
a
question
to
5
the
public
employees
at
an
election
in
the
bargaining
unit
6
found
appropriate
by
the
board.
The
question
on
the
ballot
7
shall
permit
the
public
employees
to
vote
for
no
bargaining
8
representation
or
for
any
employee
organization
which
has
9
petitioned
for
certification
or
which
has
presented
proof
10
satisfactory
to
the
board
of
support
of
ten
percent
or
more
of
11
the
public
employees
in
the
appropriate
unit.
12
2.
If
a
majority
of
the
votes
cast
on
the
question
is
13
for
no
bargaining
representation,
the
public
employees
in
14
the
bargaining
unit
found
appropriate
by
the
board
shall
not
15
be
represented
by
an
employee
organization.
If
a
majority
16
of
the
votes
cast
on
the
question
is
for
a
listed
employee
17
organization,
then
that
employee
organization
shall
represent
18
the
public
employees
in
the
bargaining
unit
found
appropriate
19
by
the
board.
20
3.
If
none
of
the
choices
on
the
ballot
receives
the
vote
21
of
a
majority
of
the
public
employees
voting,
the
board
shall
22
conduct
a
runoff
election
among
the
two
choices
receiving
the
23
greatest
number
of
votes.
24
4.
Upon
written
objections
filed
by
any
party
to
the
25
election
within
ten
days
after
notice
of
the
results
of
26
the
election,
if
the
board
finds
that
misconduct
or
other
27
circumstances
prevented
the
public
employees
eligible
to
28
vote
from
freely
expressing
their
preferences,
the
board
may
29
invalidate
the
election
and
hold
a
second
election
for
the
30
public
employees.
31
5.
Upon
completion
of
a
valid
election
in
which
the
majority
32
choice
of
the
employees
voting
is
determined,
the
board
shall
33
certify
the
results
of
the
election
and
shall
give
reasonable
34
notice
of
the
order
to
all
employee
organizations
listed
on
the
35
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ballot,
the
public
employers,
and
the
public
employees
in
the
1
appropriate
bargaining
unit.
2
6.
a.
A
petition
for
certification
as
exclusive
bargaining
3
representative
of
a
bargaining
unit
shall
not
be
considered
4
by
the
board
for
a
period
of
one
year
from
the
date
of
the
5
noncertification
of
an
employee
organization
as
the
exclusive
6
bargaining
representative
of
that
bargaining
unit
following
a
7
certification
election.
A
petition
for
certification
as
the
8
exclusive
bargaining
representative
of
a
bargaining
unit
shall
9
also
not
be
considered
by
the
board
if
the
bargaining
unit
is
10
at
that
time
represented
by
a
certified
exclusive
bargaining
11
representative.
12
b.
A
petition
for
the
decertification
of
the
exclusive
13
bargaining
representative
of
a
bargaining
unit
shall
not
be
14
considered
by
the
board
for
a
period
of
one
year
from
the
date
15
of
its
certification,
or
within
one
year
of
its
continued
16
certification
following
a
decertification
election,
or
during
17
the
duration
of
a
collective
bargaining
agreement
which,
for
18
purposes
of
this
section,
shall
be
deemed
not
to
exceed
two
19
years.
However,
if
a
petition
for
decertification
is
filed
20
during
the
duration
of
a
collective
bargaining
agreement,
the
21
board
shall
award
an
election
under
this
section
not
more
than
22
one
hundred
eighty
days
and
not
less
than
one
hundred
fifty
23
days
prior
to
the
expiration
of
the
collective
bargaining
24
agreement.
If
an
employee
organization
is
decertified,
the
25
board
may
receive
petitions
under
section
20.14,
provided
that
26
no
such
petition
and
no
election
conducted
pursuant
to
such
27
petition
within
one
year
from
decertification
shall
include
as
28
a
party
the
decertified
employee
organization.
29
7.
A
collective
bargaining
agreement
with
the
state,
its
30
boards,
commissions,
departments,
and
agencies
shall
be
for
two
31
years.
The
provisions
of
a
collective
bargaining
agreement
or
32
arbitrator’s
award
affecting
state
employees
shall
not
provide
33
for
renegotiations
which
would
require
the
refinancing
of
34
salary
and
fringe
benefits
for
the
second
year
of
the
term
of
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the
agreement,
except
as
provided
in
section
20.17,
subsection
1
6.
The
effective
date
of
any
such
agreement
shall
be
July
1
of
2
odd-numbered
years,
provided
that
if
an
exclusive
bargaining
3
representative
is
certified
on
a
date
which
will
prevent
the
4
negotiation
of
a
collective
bargaining
agreement
prior
to
5
July
1
of
odd-numbered
years
for
a
period
of
two
years,
the
6
certified
collective
bargaining
representative
may
negotiate
7
a
one-year
contract
with
the
public
employer
which
shall
be
8
effective
from
July
1
of
the
even-numbered
year
to
July
1
9
of
the
succeeding
odd-numbered
year
when
new
contracts
shall
10
become
effective.
11
Sec.
2.
Section
22.7,
subsection
69,
Code
2021,
is
amended
12
to
read
as
follows:
13
69.
The
evidence
of
public
employee
support
for
14
the
certification
,
retention
and
recertification,
or
15
decertification
of
an
employee
organization
as
defined
in
16
section
20.3
that
is
submitted
to
the
public
employment
17
relations
board
as
provided
in
section
20.14
or
20.15
.
18
Sec.
3.
Section
22.7,
subsection
70,
Code
2021,
is
amended
19
to
read
as
follows:
20
70.
Information
indicating
whether
a
public
employee
21
voted
in
a
certification
,
retention
and
recertification,
or
22
decertification
election
held
pursuant
to
section
20.15
or
23
how
the
employee
voted
on
any
question
on
a
ballot
in
such
an
24
election.
25
Sec.
4.
Section
602.1401,
subsection
3,
paragraph
b,
Code
26
2021,
is
amended
to
read
as
follows:
27
b.
For
purposes
of
chapter
20
,
the
certified
representative,
28
which
on
July
1,
1983,
represents
employees
who
become
judicial
29
branch
employees
as
a
result
of
1983
Iowa
Acts,
ch.
186
,
shall
30
remain
the
certified
representative
when
the
employees
become
31
judicial
branch
employees
and
thereafter,
unless
the
public
32
employee
organization
is
not
retained
and
recertified
or
is
33
decertified
in
an
election
held
under
section
20.15
or
amended
34
or
absorbed
into
another
certified
organization
pursuant
to
35
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chapter
20
.
Collective
bargaining
negotiations
shall
be
1
conducted
on
a
statewide
basis
and
the
certified
employee
2
organizations
which
engage
in
bargaining
shall
negotiate
on
a
3
statewide
basis,
although
bargaining
units
shall
be
organized
4
by
judicial
district.
The
public
employment
relations
board
5
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
this
6
subsection
.
7
Sec.
5.
DIRECTIVES
TO
PUBLIC
EMPLOYMENT
RELATIONS
BOARD.
8
1.
The
public
employment
relations
board
shall
cancel
any
9
elections
scheduled
or
in
process
pursuant
to
section
20.15,
10
subsection
2,
Code
2021,
as
of
the
effective
date
of
this
Act.
11
2.
Notwithstanding
section
20.15,
subsection
1,
paragraph
12
“c”,
Code
2021,
the
public
employment
relations
board
13
shall
consider
a
petition
for
certification
of
an
employee
14
organization
as
the
exclusive
representative
of
a
bargaining
15
unit
for
which
an
employee
organization
was
not
retained
and
16
recertified
as
the
exclusive
representative
of
that
bargaining
17
unit
regardless
of
the
amount
of
time
that
has
elapsed
since
18
the
retention
and
recertification
election
at
which
an
employee
19
organization
was
not
retained
or
recertified.
20
Sec.
6.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
21
importance,
takes
effect
upon
enactment.
22
Sec.
7.
APPLICABILITY.
This
Act
applies
to
all
elections
23
carried
out
pursuant
to
section
20.15
on
and
after
the
24
effective
date
of
this
Act.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
strikes
and
rewrites
Code
section
20.15,
relating
29
to
elections
for
employee
organizations
representing
public
30
employee
collective
bargaining
units
pursuant
to
Code
chapter
31
20.
The
bill
strikes
statutory
changes
made
by
2017
Iowa
Acts,
32
ch.
2
(House
File
291),
and
restores
statutory
language
in
33
effect
prior
to
the
enactment
of
2017
Iowa
Acts,
ch.
2
(House
34
File
291).
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The
bill
eliminates
language
providing
for
retention
and
1
recertification
elections.
The
bill
requires
the
public
2
employment
relations
board
to
cancel
any
such
elections
3
scheduled
or
in
process.
The
bill
requires
the
board
4
to
consider
a
petition
for
certification
of
an
employee
5
organization
as
the
exclusive
representative
of
a
bargaining
6
unit
for
which
an
employee
organization
was
not
retained
and
7
recertified
as
the
exclusive
representative
of
that
bargaining
8
unit
regardless
of
the
amount
of
time
that
has
elapsed
since
9
the
retention
and
recertification
election,
notwithstanding
10
prior
requirements
prohibiting
such
consideration
for
two
11
years.
12
The
bill
provides
that
the
outcome
of
a
certification
or
13
decertification
election
is
determined
by
a
majority
vote
of
14
the
members
of
the
bargaining
unit
voting,
rather
than
the
15
total
membership
of
the
bargaining
unit.
The
bill
provides
for
16
a
runoff
election
if
none
of
the
choices
on
the
ballot
in
a
17
certification
election
receives
a
majority
vote
of
the
members
18
of
the
bargaining
unit
voting.
19
The
bill
lowers
the
required
percentage
of
support
from
20
employees
in
a
bargaining
unit
required
for
an
employee
21
organization
that
did
not
submit
a
petition
for
certification
22
as
the
exclusive
bargaining
representative
of
a
bargaining
unit
23
to
be
listed
on
the
ballot
for
a
certification
election
from
30
24
percent
to
10
percent.
25
The
bill
strikes
language
prohibiting
the
board
from
26
considering
a
petition
for
certification
as
the
exclusive
27
bargaining
representative
of
a
bargaining
unit
unless
a
28
period
of
two
years
has
elapsed
from
the
date
of
the
last
29
certification
election
in
which
an
employee
organization
30
was
not
certified
as
the
exclusive
representative
of
that
31
bargaining
unit
or
of
the
last
decertification
election
in
32
which
an
employee
organization
was
decertified
as
the
exclusive
33
representative
of
that
bargaining
unit.
The
bill
prohibits
34
the
board
from
considering
a
petition
for
certification
as
the
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exclusive
bargaining
representative
of
a
bargaining
unit
for
1
one
year
after
the
employee
organization
is
not
certified
in
2
a
certification
election.
The
bill
makes
additional
changes
3
relating
to
the
scheduling
of
decertification
elections.
4
The
bill
makes
conforming
changes.
5
The
bill
takes
effect
upon
enactment
and
applies
to
all
6
elections
carried
out
pursuant
to
Code
section
20.15
on
and
7
after
the
effective
date
of
the
bill.
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