Bill Text: IA HF35 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act providing for fair share agreements relating to collective bargaining and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF35 Detail]
Download: Iowa-2013-HF35-Introduced.html
House
File
35
-
Introduced
HOUSE
FILE
35
BY
HUNTER
A
BILL
FOR
An
Act
providing
for
fair
share
agreements
relating
to
1
collective
bargaining
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
20.3,
Code
2013,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
4A.
“Fair
share
fee”
means
the
amount
3
charged
to
an
employee
in
a
bargaining
unit
who
is
not
a
member
4
of
the
employee
organization
certified
by
the
board
as
the
5
exclusive
bargaining
representative
for
the
public
employees
6
in
that
bargaining
unit,
to
cover
the
costs
incurred
by
the
7
employee
organization
on
behalf
of
the
employee
for
collective
8
bargaining,
contract
administration,
the
adjustment
of
9
grievances,
and
the
pursuit
of
other
matters
affecting
wages,
10
hours,
and
other
conditions
of
employment.
11
Sec.
2.
Section
20.8,
subsection
4,
Code
2013,
is
amended
12
to
read
as
follows:
13
4.
Refuse
to
join
or
participate
in
the
activities
of
14
employee
organizations,
including
the
payment
of
any
dues,
fees
15
or
assessments
or
service
fees
of
any
type
,
except
as
provided
16
in
section
20.9A
.
17
Sec.
3.
Section
20.9,
unnumbered
paragraph
1,
Code
2013,
is
18
amended
to
read
as
follows:
19
The
public
employer
and
the
employee
organization
shall
meet
20
at
reasonable
times,
including
meetings
reasonably
in
advance
21
of
the
public
employer’s
budget-making
process,
to
negotiate
in
22
good
faith
with
respect
to
wages,
hours,
vacations,
insurance,
23
holidays,
leaves
of
absence,
shift
differentials,
overtime
24
compensation,
supplemental
pay,
seniority,
transfer
procedures,
25
job
classifications,
health
and
safety
matters,
evaluation
26
procedures,
procedures
for
staff
reduction,
in-service
training
27
and
other
matters
mutually
agreed
upon.
Negotiations
shall
28
also
include
whether
a
fair
share
fee
shall
be
charged
to
29
nonmembers
of
the
employee
organization,
terms
authorizing
30
dues
checkoff
for
members
of
the
employee
organization
,
and
31
grievance
procedures
for
resolving
any
questions
arising
under
32
the
agreement,
which
shall
be
embodied
in
a
written
agreement
33
and
signed
by
the
parties.
If
an
agreement
provides
for
dues
34
checkoff,
a
member’s
dues
may
be
checked
off
only
upon
the
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member’s
written
request
and
the
member
may
terminate
the
dues
1
checkoff
at
any
time
by
giving
thirty
days’
written
notice.
2
Such
obligation
to
negotiate
in
good
faith
does
not
compel
3
either
party
to
agree
to
a
proposal
or
make
a
concession.
4
Sec.
4.
NEW
SECTION
.
20.9A
Fair
share
fee
procedures.
5
1.
When
a
collective
bargaining
agreement
between
a
public
6
employer
and
a
certified
employee
organization,
which
provides
7
that
a
fair
share
fee
shall
be
charged
to
nonmembers
of
the
8
employee
organization,
is
reached
by
ratification
of
the
9
agreement
or
by
issuance
of
an
arbitration
award
under
section
10
20.22,
the
public
employer
shall,
within
ten
days
of
the
date
11
the
agreement
is
reached,
provide
the
employee
organization
12
with
a
list
of
the
names
and
addresses
of
all
employees
in
the
13
bargaining
unit
represented
by
the
employee
organization.
If
a
14
collective
bargaining
agreement
providing
for
fair
share
fees
15
has
a
term
of
more
than
one
year,
the
list
shall
be
provided
by
16
the
public
employer
annually,
not
later
than
thirty
days
prior
17
to
the
commencement
of
the
next
full
year
of
the
agreement’s
18
term.
19
2.
a.
Following
receipt
by
the
employee
organization
of
20
a
list
of
employees
pursuant
to
subsection
1,
the
employee
21
organization
shall
provide
the
public
employer
with
the
name
22
of
each
nonmember
of
the
employee
organization
and
the
amount
23
of
the
fair
share
fee.
In
addition,
the
employee
organization
24
shall
provide
the
labor
commissioner
with
the
amount
of
the
25
fair
share
fee
and
any
supporting
documentation
utilized
in
26
determining
the
amount
of
the
fair
share
fee.
Commencing
on
27
the
effective
date
of
the
collective
bargaining
agreement
which
28
provides
for
a
fair
share
fee
or
the
public
employer’s
receipt
29
of
the
names
and
amounts
from
the
employee
organization,
30
whichever
occurs
later,
the
public
employer
shall
deduct
once
31
each
month
from
the
wages
or
salaries
of
each
nonmember
the
32
amount
of
the
fair
share
fee
specified
for
that
nonmember
by
33
the
employee
organization
and
transmit
the
amounts
deducted
34
to
the
employee
organization
within
fourteen
days
of
the
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deduction.
If
a
collective
bargaining
agreement
includes
a
1
retroactive
effective
date,
the
public
employer
shall
make
2
deductions
for
fair
share
fees
prospectively
only.
3
b.
For
purposes
of
determining
the
fair
share
fee,
the
4
amount
of
the
fair
share
fee
shall
not
exceed
the
regular
5
membership
dues
paid
by
members
of
the
employee
organization
6
and
shall
not
include
any
share
of
the
costs
incurred
by
the
7
employee
organization
for
fraternal,
ideological,
political,
or
8
other
activities
not
germane
to
collective
bargaining,
contract
9
administration,
the
adjustment
of
grievances,
or
the
pursuit
10
of
other
matters
affecting
wages,
hours,
and
other
conditions
11
of
employment.
Costs
that
shall
be
excluded
from
the
fair
12
share
fee
include
but
are
not
limited
to
costs
for
social
13
events;
lobbying
on
issues
or
for
purposes
other
than
the
14
negotiation,
ratification,
or
implementation
of
a
collective
15
bargaining
agreement;
voter
registration
training;
efforts
to
16
increase
voting;
political
campaign
techniques;
supporting
or
17
contributing
to
charitable
organizations;
and
supporting
or
18
contributing
to
religious
or
other
ideological
causes.
19
3.
As
a
precondition
to
the
collection
of
a
fair
share
fee,
20
the
employee
organization
shall
establish
and
maintain
a
full
21
and
fair
procedure
that
conforms
with
the
requirements
of
the
22
Constitution
of
the
United
States
and
the
Constitution
of
the
23
State
of
Iowa
and
does
all
of
the
following:
24
a.
Provides
nonmembers
of
the
employee
organization
with
25
an
annual
notice
which
informs
them
of
the
amount
of
the
26
fair
share
fee
to
be
charged,
provides
them
with
sufficient
27
information
to
gauge
the
propriety
of
that
amount,
and
informs
28
them
of
the
procedure
by
which
a
nonmember
may
challenge
that
29
amount.
30
b.
Permits
challenges
by
nonmembers
to
the
amount
of
the
31
fair
share
fee.
32
c.
Provides
for
the
consolidation
of
all
timely
challenges
33
and
for
an
impartial
hearing,
before
an
arbitrator
appointed
by
34
the
American
arbitration
association
pursuant
to
its
rules
for
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impartial
determination
of
union
fees,
conducted
in
accordance
1
with
those
rules
and
paid
for
by
the
employee
organization.
2
d.
Provides
that
the
burden
of
proof
relating
to
the
3
propriety
of
the
amount
of
the
fair
share
fee
is
on
the
4
employee
organization.
5
e.
Provides
that
all
fair
share
fees
reasonably
in
dispute
6
while
a
challenge
is
pending
shall
be
held
by
the
employee
7
organization
in
an
interest-bearing
escrow
account
until
a
8
final
decision
is
issued
by
the
arbitrator,
at
which
time
such
9
funds
shall
be
disbursed
in
accordance
with
the
arbitrator’s
10
decision.
11
4.
The
employee
organization
shall
notify
the
public
12
employer
of
any
arbitrator’s
award
issued
pursuant
to
the
13
challenge
procedure
specified
in
subsection
3
which
reduced
the
14
amount
of
a
fair
share
fee
and
the
public
employer
shall
adjust
15
its
deduction
from
the
wages
or
salaries
of
the
challenging
16
nonmembers
accordingly.
17
5.
This
section
shall
be
enforced
through
an
action
in
a
18
court
of
competent
jurisdiction.
19
Sec.
5.
Section
731.3,
Code
2013,
is
amended
to
read
as
20
follows:
21
731.3
Contracts
to
exclude
unlawful.
22
It
Except
as
provided
in
sections
20.8,
20.9A,
and
731.4A,
23
it
shall
be
unlawful
for
any
person,
firm,
association,
24
corporation
or
labor
organization
to
enter
into
any
25
understanding,
contract,
or
agreement,
whether
written
or
26
oral,
to
exclude
from
employment
members
of
a
labor
union,
27
organization
,
or
association,
or
persons
who
do
not
belong
28
to,
or
who
refuse
to
join,
a
labor
union,
organization
,
or
29
association,
or
because
of
resignation
or
withdrawal
therefrom.
30
Sec.
6.
Section
731.4,
Code
2013,
is
amended
to
read
as
31
follows:
32
731.4
Union
dues
as
prerequisite
to
employment
——
prohibited.
33
It
Except
as
provided
in
sections
20.8,
20.9A,
and
731.4A,
34
it
shall
be
unlawful
for
any
person,
firm,
association,
labor
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organization
or
corporation,
or
political
subdivision,
either
1
directly
or
indirectly,
or
in
any
manner
or
by
any
means
as
a
2
prerequisite
to
or
a
condition
of
employment
to
require
any
3
person
to
pay
dues,
charges,
fees,
contributions,
fines
or
4
assessments
to
any
labor
union,
labor
association
,
or
labor
5
organization.
6
Sec.
7.
NEW
SECTION
.
731.4A
Fair
share
fee
agreements.
7
A
labor
union,
labor
association,
labor
organization,
or
8
employee
organization,
which
is
the
certified
or
recognized
9
exclusive
representative
for
collective
bargaining
under
10
applicable
federal
law,
may
enter
into
an
agreement
with
the
11
employer
of
the
employees
it
is
certified
or
recognized
to
12
represent
in
collective
bargaining
that,
as
a
condition
of
13
continued
employment,
requires
employees,
after
thirty
days
14
of
employment,
either
to
become
a
member
of
the
certified
or
15
recognized
labor
union,
labor
association,
labor
organization,
16
or
employee
organization,
or
to
pay
a
fair
share
fee
to
the
17
extent
permitted
by
the
Constitution
of
the
United
States,
the
18
Constitution
of
the
State
of
Iowa,
and
federal
law.
Nothing
in
19
this
section
shall
be
deemed
to
require
an
employee
to
become
a
20
member
of
a
labor
union,
labor
association,
labor
organization,
21
or
employee
organization.
In
addition,
the
requirements
of
22
a
fair
share
agreement
shall
not
apply
to
an
employee
whose
23
initial
date
of
employment
with
the
employer
occurs
on
a
date
24
when
a
fair
share
fee
agreement
as
authorized
by
this
section
25
is
not
in
effect.
26
Sec.
8.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
27
immediate
importance,
takes
effect
upon
enactment.
28
EXPLANATION
29
This
bill
authorizes
the
negotiating
of
fair
share
fees
in
30
collective
bargaining
agreements.
31
Code
chapter
20,
concerning
collective
bargaining
for
public
32
employees,
is
amended
to
authorize
fair
share
fees.
33
Code
section
20.9
is
amended
to
provide
that
the
scope
of
34
negotiations
for
purposes
of
a
collective
bargaining
agreement
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includes
negotiating
whether
a
fair
share
fee
shall
be
charged
1
to
nonmembers
of
an
employee
organization.
2
New
Code
section
20.9A
establishes
the
procedures
to
follow
3
if
a
fair
share
fee
is
included
in
a
collective
bargaining
4
agreement.
The
new
Code
section
provides
that
once
an
5
agreement
is
ratified
or
an
arbitration
award
is
issued
that
6
includes
a
fair
share
fee,
the
public
employer
shall,
within
7
10
days,
provide
the
employee
organization
with
a
list
of
8
employees
covered
by
the
agreement.
If
the
agreement
has
a
9
term
of
more
than
one
year,
the
employer
shall
provide
the
list
10
on
an
annual
basis.
Once
the
employee
organization
receives
11
the
list,
the
employee
organization
shall
provide
the
employer
12
with
a
list
of
each
nonmember
of
the
employee
organization
and
13
the
amount
of
the
fair
share
fee.
The
employee
organization
14
shall
also
inform
the
labor
commissioner
of
the
amount
of
the
15
fair
share
fee
and
how
it
was
determined.
The
bill
provides
16
that
the
fee
shall
not
exceed
the
regular
membership
dues
17
paid
by
members
and
shall
not
include
costs
of
the
employee
18
organization
that
are
not
germane
to
collective
bargaining,
19
contract
administration,
the
adjustment
of
grievances,
and
20
the
pursuit
of
other
matters
affecting
wages,
hours,
and
21
other
conditions
of
employment.
The
bill
provides
that
the
22
public
employer
shall
begin
deducting
the
fair
share
fee
23
from
nonmembers
upon
the
later
of
the
effective
date
of
the
24
collective
bargaining
agreement
or
the
date
the
public
employer
25
receives
the
list
of
nonmembers
and
the
amount
of
the
fair
26
share
fee.
The
bill
provides
that
no
retroactive
deductions
27
for
fair
share
fees
are
allowed.
28
The
bill
also
establishes
several
additional
conditions
for
29
the
collection
of
a
fair
share
fee
from
public
employees.
The
30
bill
provides
that
nonmembers
be
given
an
annual
notice
of
the
31
amount
of
the
fair
share
fee
and
their
rights
as
to
challenging
32
the
amount.
The
bill
also
provides
that
nonmembers
shall
be
33
permitted
to
challenge
the
amount
of
the
fair
share
fee
at
34
an
impartial
hearing
before
an
arbitrator
appointed
by
the
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American
arbitration
association.
The
bill
provides
that
the
1
employee
organization
has
the
burden
of
proof
relating
to
the
2
amount
of
the
fee
to
be
charged.
The
bill
provides
that
the
3
employee
organization
shall
notify
the
public
employer
of
any
4
arbitrator’s
award
and
the
public
employer
shall
adjust
the
5
deduction
from
wages
of
the
nonmembers
who
challenged
the
fair
6
share
fee
amount.
The
bill
provides
that
the
requirements
of
7
this
new
Code
section
shall
be
enforced
in
a
court
of
competent
8
jurisdiction.
9
Code
chapter
731,
concerning
labor
union
membership,
is
10
also
amended
to
authorize
fair
share
agreements.
New
Code
11
section
731.4A
provides
that
a
labor
union,
certified
as
the
12
bargaining
representative
of
a
private
sector
employer
under
13
federal
law,
may
enter
into
an
agreement
with
an
employer
that,
14
as
a
condition
of
continued
employment,
requires
employees
whom
15
the
union
is
certified
to
represent
to
become
a
member
of
the
16
labor
union
or
to
pay
a
fair
share
fee
to
the
extent
permitted
17
by
the
United
States
Constitution,
the
Iowa
Constitution,
and
18
applicable
federal
law.
The
new
Code
section
provides
that
19
nothing
in
this
Code
section
shall
be
deemed
to
require
an
20
employee
to
become
a
member
of
a
labor
union
and
also
provides
21
that
the
requirement
to
pay
a
fair
share
fee
shall
not
apply
to
22
an
employee
whose
initial
date
of
employment
occurred
on
a
date
23
when
a
fair
share
agreement
was
not
in
effect.
24
The
bill
takes
effect
upon
enactment.
25
-7-
LSB
1212YH
(2)
85
je/rj
7/
7