Bill Text: IA SF419 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to strikes and disputes arising in public employment, making penalties applicable, and including applicability provisions.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-11 - Subcommittee, Bisignano, Bertrand, and Dearden. S.J. 559. [SF419 Detail]
Download: Iowa-2015-SF419-Introduced.html
Senate File 419 - Introduced SENATE FILE BY CHELGREN A BILL FOR 1 An Act relating to strikes and disputes arising in public 2 employment, making penalties applicable, and including 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1474XS (2) 86 je/rj PAG LIN 1 1 Section 1. Section 8A.415, Code 2015, is amended to read as 1 2 follows: 1 3 8A.415 Grievances and discipline resolution. 1 4 1. Grievances. 1 5 a. An employee, except an employee covered by a collective 1 6 bargaining agreement which provides otherwise, who has 1 7 exhausted the available agency steps in the uniform grievance 1 8 procedure provided for in the department rules may, within 1 9sevenfive calendar days following the date a decision was 1 10 received or should have been received at the second step of the 1 11 grievance procedure, file the grievance at the third step with 1 12 the director. The director shall respond withinthirtyfive 1 13 calendar days following receipt of the third step grievance. 1 14 b. If not satisfied, the employee may, withinthirty 1 15five calendar days following the director's response, file 1 16 an appeal with the public employment relations board. The 1 17 hearing shall be conducted in accordance with the rules of the 1 18 public employment relations board and the Iowa administrative 1 19 procedure Act, chapter 17A. Decisions rendered shall be based 1 20 upon a standard of substantial compliance with this subchapter 1 21 and the rules of the department. Decisions by the public 1 22 employment relations board constitute final agency action. 1 23 c. For purposes of this subsection, "uniform grievance 1 24 procedure" does not include procedures for discipline and 1 25 discharge. 1 26 2. Discipline resolution. 1 27 a. A merit system employee, except an employee covered 1 28 by a collective bargaining agreement, who is discharged, 1 29 suspended, demoted, or otherwise receives a reduction in pay, 1 30 except during the employee's probationary period, may bypass 1 31 steps one and two of the grievance procedure and appeal the 1 32 disciplinary action to the director withinsevenfive calendar 1 33 days following the effective date of the action. The director 1 34 shall respond withinthirtyfive calendar days following 1 35 receipt of the appeal. 2 1 b. If not satisfied, the employee may, withinthirtyfive 2 2 calendar days following the director's response, file an appeal 2 3 with the public employment relations board. The employee has 2 4 the right to a hearing closed to the public, unless a public 2 5 hearing is requested by the employee. The hearing shall 2 6 otherwise be conducted in accordance with the rules of the 2 7 public employment relations board and the Iowa administrative 2 8 procedure Act, chapter 17A. If the public employment relations 2 9 board finds that the action taken by the appointing authority 2 10 was for political, religious, racial, national origin, sex, 2 11 age, or other reasons not constituting just cause, the employee 2 12 may be reinstated without loss of pay or benefits for the 2 13 elapsed period, or the public employment relations board may 2 14 provide other appropriate remedies. Decisions by the public 2 15 employment relations board constitute final agency action. 2 16 Sec. 2. Section 20.1, subsection 1, Code 2015, is amended 2 17 to read as follows: 2 18 1. The general assembly declares that it is the public 2 19 policy of the state to promote harmonious and cooperative 2 20 relationships between government and its employees by 2 21 permitting public employees to organize and bargain 2 22 collectively; to protect the citizens of this state by assuring 2 23 effective and orderly operations of government in providing 2 24 for their health, safety, and welfare;to prohibit and prevent 2 25 all strikes by public employees;and to protect the rights of 2 26 public employees to join or refuse to join, and to participate 2 27 in or refuse to participate in, employee organizations. 2 28 Sec. 3. Section 20.10, subsection 2, Code 2015, is amended 2 29 by adding the following new paragraph: 2 30 NEW PARAGRAPH. i. Violate section 20.12. 2 31 Sec. 4. Section 20.10, subsection 3, paragraphs e and h, 2 32 Code 2015, are amended by striking the paragraphs. 2 33 Sec. 5. Section 20.11, subsections 1 and 4, Code 2015, are 2 34 amended to read as follows: 2 35 1. Proceedings against a party alleging a violation of 3 1 section 20.10 shall be commenced by filing a complaint with the 3 2 board withinninetyfive days of the alleged violation, causing 3 3 a copy of the complaint to be served upon the accused party. 3 4 The accused party shall havetenfive days within which to file 3 5 a written answer to the complaint. However, the board may 3 6 conduct a preliminary investigation of the alleged violation, 3 7 and if the board determines that the complaint has no basis in 3 8 fact, the board may dismiss the complaint. The board shall 3 9 promptly thereafter set a time and place for hearing in the 3 10 county where the alleged violation occurred, provided, however, 3 11 that the presiding officer may conduct the hearing through the 3 12 use of technology from a remote location. The parties shall 3 13 be permitted to be represented by counsel, summon witnesses, 3 14 and request the board to subpoena witnesses on the requester's 3 15 behalf. Compliance with the technical rules of pleading and 3 16 evidence shall not be required. 3 17 4. The board shall file its findings of fact and conclusions 3 18 of law withinsixtyfive days of the close of any hearing, 3 19 receipt of the transcript, or submission of any briefs. 3 20 If the board finds that the party accused has committed a 3 21 prohibited practice, the board may, withinthirtyfive days 3 22 of its decision, enter into a consent order with the party 3 23 to discontinue the practice, or after thethirtyfive days 3 24 following the decision may petition the district court for 3 25 injunctive relief pursuant to rules of civil procedure 1.1501 3 26 to 1.1511. 3 27 Sec. 6. Section 20.12, Code 2015, is amended by striking the 3 28 section and inserting in lieu thereof the following: 3 29 20.12 Pay and benefits during strikes prohibited. 3 30 A public employee shall not be entitled to pay or benefits 3 31 from a public employer for any period of time in which the 3 32 public employee participates in a strike. A public employer 3 33 shall not provide such a public employee with such pay or 3 34 benefits. 3 35 Sec. 7. Section 20.18, Code 2015, is amended by adding the 4 1 following new subsection: 4 2 NEW SUBSECTION. 1A. The time period permitted for each 4 3 action, other than actions involving a court, by a party or 4 4 decision maker, other than a court, relating to the grievance 4 5 resolution process in a collective bargaining agreement, 4 6 including but not limited to the filing of complaints and 4 7 answers, the conduct of hearings and appeals, and the issuance 4 8 of administrative decisions shall not exceed five calendar 4 9 days. 4 10 Sec. 8. Section 279.15, subsection 2, paragraph c, Code 4 11 2015, is amended to read as follows: 4 12 c. Within five days of the receipt of the written notice 4 13 that the superintendent is recommending termination of the 4 14 contract, the teacher may request, in writing to the secretary 4 15 of the board, a private hearing with the board. The private 4 16 hearing shall not be subject to chapter 21 and shall be 4 17 held nosooner than ten days and nolater thantwentyfive 4 18 days following the receipt of the request unless the parties 4 19 otherwise agree. The secretary of the board shall notify 4 20 the teacher in writing of the date, time, and location of 4 21 the private hearing, and at leastfivethree days before the 4 22 hearing shall also furnish to the teacher any documentation 4 23 which may be presented to the board at the private hearing 4 24 and a list of persons who may address the board in support of 4 25 the superintendent's recommendation at the private hearing. 4 26 At least three days before the hearing, the teacher shall 4 27 provide any documentation the teacher expects to present at 4 28 the private hearing, along with the names of any persons who 4 29 may address the board on behalf of the teacher. This exchange 4 30 of information shall be at the time specified unless otherwise 4 31 agreed. 4 32 Sec. 9. Section 279.17, subsections 1, 4, 5, and 7, Code 4 33 2015, are amended to read as follows: 4 34 1. If the teacher is no longer a probationary teacher, the 4 35 teacher may, withintenfive days, appeal the determination of 5 1 the board to an adjudicator by filing a notice of appeal with 5 2 the secretary of the board. The notice of appeal shall contain 5 3 a concise statement of the action which is the subject of the 5 4 appeal, the particular board action appealed from, the grounds 5 5 on which relief is sought and the relief sought. 5 6 4. a. Withinthirtyfive days after filing the notice of 5 7 appeal, or within further time allowed by the adjudicator, 5 8 the board shall transmit to the adjudicator the original or 5 9 a certified copy of the entire record of the private hearing 5 10 which may be the subject of the petition. By stipulation 5 11 of the parties to review the proceedings, the record of the 5 12 case may be shortened. The adjudicator may require or permit 5 13 subsequent corrections or additions to the shortened record. 5 14 b. The record certified and filed by the board shall be the 5 15 record upon which the appeal shall be heard and no additional 5 16 evidence shall be heard by the adjudicator. In such appeal to 5 17 the adjudicator, especially when considering the credibility 5 18 of witnesses, the adjudicator shall give weight to the fact 5 19 findings of the board; but shall not be bound by them. 5 20 5. Before the date set for hearing a petition for review 5 21 of board action, which shall be withintenfive days after 5 22 receipt of the record unless otherwise agreed or unless the 5 23 adjudicator orders additional evidence be taken before the 5 24 board, application may be made to the adjudicator for leave to 5 25 present evidence in addition to that found in the record of the 5 26 case. If it is shown to the adjudicator that the additional 5 27 evidence is material and that there were good reasons for 5 28 failure to present it in the private hearing before the board, 5 29 the adjudicator may order that the additional evidence be taken 5 30 before the board upon conditions determined by the adjudicator. 5 31 The board may modify its findings and decision in the case by 5 32 reason of the additional evidence and shall file that evidence 5 33 and any modifications, new findings, or decisions, with the 5 34 adjudicator and mail copies of the new findings or decisions 5 35 to the teacher. 6 1 7. The adjudicator shall, withinfifteenfive days after the 6 2 hearing, make a decision and shall give a copy of the decision 6 3 to the teacher and the secretary of the board. The decision 6 4 of the adjudicator shall become the final and binding decision 6 5 of the board unless either party withintenfive days notifies 6 6 the secretary of the board that the decision is rejected. The 6 7 board may reject the decision by majority vote, by roll call, 6 8 in open meeting and entered into the minutes of the meeting. 6 9 The board shall immediately notify the teacher of its decision 6 10 by certified mail. The teacher may reject the adjudicator's 6 11 decision by notifying the board's secretary in writing within 6 12tenfive days of the filing of such decision. 6 13 Sec. 10. Section 279.18, subsection 1, Code 2015, is amended 6 14 to read as follows: 6 15 1. If either party rejects the adjudicator's decision, 6 16 the rejecting party shall, withinthirtyfive days of the 6 17 initial filing of such decision, appeal to the district court 6 18 of the county in which the administrative office of the school 6 19 district is located. The notice of appeal shall be immediately 6 20 mailed by certified mail to the other party. The adjudicator 6 21 shall transmit to the reviewing court the original or a 6 22 certified copy of the entire record which may be the subject 6 23 of the petition. By stipulation of all parties to the review 6 24 proceedings, the record of such a case may be shortened. A 6 25 party unreasonably refusing to stipulate to limit the record 6 26 may be taxed by the court for the additional cost. The court 6 27 may require or permit subsequent corrections or additions to 6 28 the shortened record. 6 29 Sec. 11. Section 400.20, Code 2015, is amended to read as 6 30 follows: 6 31 400.20 Appeal. 6 32 The suspension, demotion, or discharge of a person holding 6 33 civil service rights may be appealed to the civil service 6 34 commission withinfourteenfive calendar days after the 6 35 suspension, demotion, or discharge. 7 1 Sec. 12. Section 400.22, Code 2015, is amended to read as 7 2 follows: 7 3 400.22 Charges. 7 4 Withinfourteenfive calendar days from the service of the 7 5 notice of appeal, the person or body making the ruling appealed 7 6 from shall file with the body to which the appeal is taken a 7 7 written specification of the charges and grounds upon which the 7 8 ruling was based. If the charges are not filed, the person 7 9 suspended or discharged may present the matter to the body to 7 10 whom the appeal is to be taken by affidavit, setting forth the 7 11 facts, and the body to whom the appeal is to be taken shall 7 12 immediately enter an order reinstating the person suspended or 7 13 discharged for want of prosecution. 7 14 Sec. 13. Section 400.23, Code 2015, is amended to read as 7 15 follows: 7 16 400.23 Time and place of hearing. 7 17 Withintenfive days after such specifications are filed, 7 18 the commission shall fix the time, which shall be notless than 7 19 five normore thantwentyfive days thereafter, and place for 7 20 hearing the appeal and shall notify the parties in writing of 7 21 the time and place so fixed, and the notice shall contain a 7 22 copy of the specifications so filed. 7 23 Sec. 14. APPLICABILITY. This Act applies to collective 7 24 bargaining agreements entered into on or after the effective 7 25 date of this Act. 7 26 EXPLANATION 7 27 The inclusion of this explanation does not constitute agreement with 7 28 the explanation's substance by the members of the general assembly. 7 29 This bill strikes language in Code chapter 20, the public 7 30 employment relations Act, prohibiting strikes by public 7 31 employees. The bill provides that a public employee shall 7 32 not be entitled to pay or benefits from a public employer for 7 33 any period of time in which the public employee participates 7 34 in a strike. The bill prohibits a public employer from 7 35 providing such a public employee with such pay or benefits. 8 1 The bill provides that a violation of the prohibition by a 8 2 public employer is a prohibited practice under Code chapter 20 8 3 and subject to the remedies provided in Code chapter 20 for 8 4 prohibited practices. 8 5 The bill provides that the time period permitted for each 8 6 action, other than actions involving a court, by a party or 8 7 decision maker, other than a court, relating to the grievance 8 8 resolution process in a collective bargaining agreement, 8 9 including but not limited to the filing of complaints and 8 10 answers, the conduct of hearings and appeals, and the issuance 8 11 of administrative decisions shall not exceed five calendar 8 12 days. 8 13 The bill reduces the statutory time periods for various 8 14 steps in dispute resolution processes for public employees to 8 15 five calendar days. 8 16 The bill applies to collective bargaining agreements entered 8 17 into on or after the effective date of the bill. LSB 1474XS (2) 86 je/rj
