Bill Text: IA HF2115 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting compensation for employment organization activities under public employee collective bargaining agreements and including applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-02-10 - Passed subcommittee. [HF2115 Detail]

Download: Iowa-2015-HF2115-Introduced.html

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House File 2115 - Introduced




                                 HOUSE FILE       
                                 BY  WILLS

                                      A BILL FOR

  1 An Act prohibiting compensation for employment organization
  2    activities under public employee collective bargaining
  3    agreements and including applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 20.3, Code 2016, is amended by adding the
  1  2 following new subsection:
  1  3    NEW SUBSECTION.  4A.  "Employment organization activities"
  1  4 means activities that are performed by an employment
  1  5 organization or members or representatives of an employment
  1  6 organization that relate to advocating the interests of
  1  7 employees represented by the employment organization regarding
  1  8 wages, hours, benefits, or other terms and conditions of
  1  9 employment, or the enforcement, fulfillment, or advancement of
  1 10 the organizational purposes, obligations, external relations,
  1 11 or internal policies and procedures of the employment
  1 12 organization.
  1 13    Sec. 2.  NEW SECTION.  20.9A  Compensation for employment
  1 14 organization activities prohibited.
  1 15    1.  A public employer shall not enter into a collective
  1 16 bargaining agreement pursuant to this chapter that requires
  1 17 or authorizes the public employer to compensate any public
  1 18 employee or person for employment organization activities.
  1 19 A provision of any collective bargaining agreement entered
  1 20 into pursuant to this chapter that requires or authorizes a
  1 21 public employer to compensate any public employee or person
  1 22 for employment organization activities is void as contrary to
  1 23 public policy.
  1 24    2.  Any taxpayer to or citizen of this state may file a
  1 25 complaint with the board pursuant to section 20.10, subsection
  1 26 2, paragraph "i", and section 20.11 alleging a violation of this
  1 27 section.
  1 28    3.  This section shall not be construed to prohibit a public
  1 29 employee from using compensated leave time for any personal
  1 30 purpose, if the public employee is not provided compensated
  1 31 leave time to compensate the public employee for performing
  1 32 employment organization activities.
  1 33    Sec. 3.  Section 20.10, subsection 2, Code 2016, is amended
  1 34 by adding the following new paragraph:
  1 35    NEW PARAGRAPH.  i.  Violate section 20.9A.
  2  1    Sec. 4.  APPLICABILITY.  This Act applies to collective
  2  2 bargaining agreements entered into on or after the effective
  2  3 date of this Act.
  2  4                           EXPLANATION
  2  5 The inclusion of this explanation does not constitute agreement with
  2  6 the explanation's substance by the members of the general assembly.
  2  7    This bill prohibits a public employer from entering into
  2  8 a collective bargaining agreement pursuant to Code chapter
  2  9 20, the "Public Employment Relations Act", that requires
  2 10 or authorizes the public employer to compensate any public
  2 11 employee or person for employment organization activities. The
  2 12 bill provides that a provision of any collective bargaining
  2 13 agreement that requires or authorizes a public employer
  2 14 to compensate any public employee or person for employment
  2 15 organization activities is void as contrary to public policy.
  2 16    The bill defines "employment organization activities" as
  2 17 activities that are performed by an employment organization or
  2 18 members or representatives of an employment organization that
  2 19 relate to advocating the interests of employees represented by
  2 20 the employee organization regarding wages, hours, benefits, or
  2 21 other terms and conditions of employment, or the enforcement,
  2 22 fulfillment, or advancement of the organizational purposes,
  2 23 obligations, external relations, or internal policies and
  2 24 procedures of the employment organization.
  2 25    A violation of the bill is a prohibited practice and subject
  2 26 to enforcement by the public employment relations board. The
  2 27 bill permits any taxpayer to or citizen of Iowa to file a
  2 28 complaint with the board alleging such a violation.
  2 29    The bill shall not be construed to prohibit a public employee
  2 30 from receiving compensated leave time for any personal purpose,
  2 31 if the public employee is not provided compensated leave time
  2 32 for performing employment organization activities.
  2 33    The bill applies to collective bargaining agreements entered
  2 34 into on or after the effective date of the bill.
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