Bill Text: IA SSB3158 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to retention and recertification elections for public employee collective bargaining units and including applicability provisions.(See SF 2374.)
Spectrum: Committee Bill
Status: (Introduced) 2024-02-14 - Committee report approving bill, renumbered as SF 2374. [SSB3158 Detail]
Download: Iowa-2023-SSB3158-Introduced.html
Senate
Study
Bill
3158
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WORKFORCE
BILL
BY
CHAIRPERSON
DICKEY)
A
BILL
FOR
An
Act
relating
to
retention
and
recertification
elections
for
1
public
employee
collective
bargaining
units
and
including
2
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,
subsection
2,
paragraph
a,
Code
1
2024,
is
amended
to
read
as
follows:
2
a.
(1)
The
board
shall
conduct
an
election
to
retain
and
3
recertify
the
bargaining
representative
of
a
bargaining
unit
4
prior
to
the
expiration
of
the
bargaining
unit’s
collective
5
bargaining
agreement.
The
question
on
the
ballot
shall
be
6
whether
the
bargaining
representative
of
the
public
employees
7
in
the
bargaining
unit
shall
be
retained
and
recertified
as
8
the
bargaining
representative
of
the
public
employees
in
the
9
bargaining
unit.
10
(2)
For
collective
bargaining
agreements
with
a
June
30
11
expiration
date,
the
election
shall
occur
between
June
1
and
12
November
1,
both
dates
included,
in
the
year
prior
to
that
13
expiration
date.
For
collective
bargaining
agreements
with
a
14
different
expiration
date,
the
election
shall
occur
between
15
three
hundred
sixty-five
and
two
hundred
seventy
days
prior
to
16
the
expiration
date.
17
(3)
Prior
to
conducting
an
election
under
this
paragraph,
18
the
board
shall
issue
a
written
notice
of
intent
to
conduct
19
an
election
to
the
public
employer
and
the
bargaining
20
representative.
The
public
employer,
after
receiving
such
21
notice,
shall
submit
to
the
board
a
list
of
employees
in
the
22
bargaining
unit
within
ten
days.
The
board
shall
utilize
the
23
submitted
list
to
determine
the
employees
eligible
to
vote
24
in
the
election
and
the
outcome
of
the
election
as
provided
25
in
paragraph
“b”
.
The
board
shall
establish
procedures
for
26
filing
an
objection
to
the
board
concerning
a
notice
of
intent
27
to
conduct
an
election
or
a
list
of
employees
in
a
bargaining
28
unit.
29
(4)
If
the
public
employer
fails
to
submit
a
list
of
30
employees
to
the
board
as
required
by
subparagraph
(3),
the
31
board
shall
issue
written
notice
of
the
failure
to
the
public
32
employer
and
the
bargaining
representative.
Five
days
after
33
issuance
of
such
notice,
the
board
shall
immediately
decertify
34
the
representative
and
the
public
employees
shall
not
be
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represented
by
an
employee
organization
except
pursuant
to
1
the
filing
of
a
subsequent
petition
for
certification
of
an
2
employee
organization
as
provided
in
section
20.14
and
an
3
election
conducted
pursuant
to
such
petition.
4
(5)
The
board
shall
not
decertify
the
bargaining
5
representative
under
subparagraph
(4)
if
within
the
five-day
6
period
provided
in
subparagraph
(4),
either
of
the
following
7
occurs:
8
(a)
The
public
employer
submits
to
the
board
a
list
of
9
employees
in
the
bargaining
unit
as
required
by
subparagraph
10
(3).
11
(b)
The
bargaining
unit
or
the
bargaining
representative
12
petitions
the
district
court
to
require
the
public
employer
to
13
submit
to
the
board
a
list
of
employees
in
the
bargaining
unit
14
as
required
by
subparagraph
(3).
The
bargaining
representative
15
shall
immediately
notify
the
board
in
writing
when
the
petition
16
is
filed.
The
petition
may
be
filed
in
the
district
court
17
at
the
seat
of
government
or
in
the
county
where
the
alleged
18
violation
of
subparagraph
(3)
occurred.
The
district
court
19
shall
expedite
resolution
of
the
petition,
and
the
board
may
20
extend
the
timelines
provided
in
subparagraph
(2)
for
carrying
21
out
an
election
as
needed
to
allow
for
resolution
of
the
22
petition
and
any
resulting
appeals.
If
the
bargaining
unit
or
23
the
bargaining
representative
prevails,
the
court
shall
award
24
court
costs
and
reasonable
attorney
fees
to
the
bargaining
unit
25
or
the
bargaining
representative.
26
(6)
The
board
shall
adopt
rules
pursuant
to
chapter
17A
27
establishing
procedures
and
timelines
applicable
to
this
28
subsection,
including
but
not
limited
to
procedures
for
29
extending
the
timelines
provided
in
subparagraph
(2)
as
30
described
in
subparagraph
(5).
31
Sec.
2.
APPLICABILITY.
This
Act
applies
to
a
retention
and
32
recertification
election
under
section
20.15,
subsection
2,
for
33
which
the
date
of
issuance
of
a
notice
of
intent
to
conduct
an
34
election
by
the
public
employment
relations
board
occurs
on
or
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after
the
effective
date
of
this
Act.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
retention
and
recertification
elections
5
for
public
employee
collective
bargaining
units
conducted
by
6
the
public
employment
relations
board
(PERB).
7
The
bill
requires
the
PERB
to
issue
a
written
notice
of
8
intent
to
conduct
such
an
election
to
the
public
employer
9
and
the
bargaining
representative
prior
to
conducting
the
10
election.
The
bill
requires
a
public
employer,
after
receiving
11
such
notice,
to
submit
to
the
PERB
a
list
of
employees
in
the
12
bargaining
unit
within
10
days.
The
PERB
shall
utilize
the
13
submitted
list
to
determine
the
employees
eligible
to
vote
in
14
the
election
and
the
outcome
of
the
election.
15
If
the
public
employer
fails
to
submit
a
list
of
employees
to
16
the
PERB,
the
bill
requires
the
PERB
to
issue
written
notice
17
of
the
failure
to
the
public
employer
and
the
bargaining
18
representative.
Five
days
after
issuance
of
such
notice,
19
the
PERB
shall
immediately
decertify
the
representative
and
20
the
public
employees
shall
not
be
represented
by
an
employee
21
organization
except
pursuant
to
the
filing
of
a
subsequent
22
petition
for
certification
of
an
employee
organization
and
an
23
election
conducted
pursuant
to
the
petition.
24
The
bill
provides
that
the
PERB
shall
not
decertify
the
25
bargaining
representative
if
within
the
five-day
period,
either
26
of
two
specified
actions
occurs.
The
first
is
the
public
27
employer
submitting
to
the
PERB
a
list
of
employees
in
the
28
bargaining
unit.
The
second
is
the
bargaining
unit
or
the
29
bargaining
representative
petitioning
the
district
court
to
30
require
the
public
employer
to
submit
to
the
PERB
a
list
of
31
employees
in
the
bargaining
unit.
The
district
court
shall
32
expedite
resolution
of
the
petition,
and
the
PERB
may
extend
33
the
timelines
for
carrying
out
an
election
as
needed
to
allow
34
for
resolution
of
the
petition
and
any
resulting
appeals.
If
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the
bargaining
unit
or
the
bargaining
representative
prevails,
1
the
court
shall
award
court
costs
and
reasonable
attorney
fees
2
to
the
bargaining
unit
or
the
bargaining
representative.
3
The
bill
requires
the
PERB
to
adopt
rules
establishing
4
applicable
procedures
and
timelines,
including
but
not
limited
5
to
procedures
for
extending
the
timelines
in
which
the
election
6
must
be
held.
7
The
bill
applies
to
a
retention
and
recertification
election
8
for
which
the
date
of
issuance
of
a
notice
of
intent
to
conduct
9
an
election
by
the
PERB
occurs
on
or
after
the
effective
date
10
of
the
bill.
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