Senate File 472 - Introduced SENATE FILE 472 BY COMMITTEE ON WORKFORCE (SUCCESSOR TO SSB 1172) A BILL FOR An Act relating to retention and recertification elections for 1 public employee collective bargaining units and including 2 effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1671SV (2) 91 je/js
S.F. 472 Section 1. Section 20.15, subsection 2, paragraph a, Code 1 2025, 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 units 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) (a) For collective bargaining agreements with a June 11 30 expiration date, the election shall occur between June 1 12 and November 1, both dates included, in the year prior to that 13 expiration date. 14 (b) For collective bargaining agreements with a different 15 an expiration date different than the one specified in 16 subparagraph division (a) , the election shall occur between 17 three hundred sixty-five and two hundred seventy days prior to 18 the expiration date. 19 (3) Prior to conducting an election under this paragraph, 20 the board shall issue a written notice of intent to conduct 21 an election to the public employer and the bargaining 22 representative. The public employer, after receiving such 23 notice, shall submit to the board a list of employees in the 24 bargaining unit within ten days. The board shall utilize the 25 submitted list to determine the employees eligible to vote 26 in the election and the outcome of the election as provided 27 in paragraph b . The board shall establish procedures for 28 filing an objection to the board concerning a notice of intent 29 to conduct an election or a list of employees in a bargaining 30 unit. 31 (4) Upon the conclusion of the ten-day period for a public 32 employer to submit a list of employees in a bargaining unit 33 to the board as required by subparagraph (3), the board shall 34 publish on its internet site a list of public employers to 35 -1- LSB 1671SV (2) 91 je/js 1/ 4
S.F. 472 which a notice of intent to conduct an election has been 1 issued as provided in subparagraph (3), but the election has 2 not yet been conducted by the board. The list shall specify 3 any public employers on the list that have failed to submit 4 a list of employees to the board as required by subparagraph 5 (3). The boards list shall also include the date on which it 6 was initially published. The board shall update the list if a 7 public employer subsequently submits a list of employees to the 8 board. 9 (5) (a) It shall be unlawful for any public employer to 10 fail to submit a list of employees to the board as required by 11 subparagraph (3). 12 (b) Within sixty days of the boards initial publication 13 of a list of public employers pursuant to subparagraph (4), a 14 resident of Iowa may petition the district court within the 15 jurisdictional boundaries of a public employer or the district 16 court for Polk county for a writ of mandamus to compel the 17 public employer to provide the list to the board as required by 18 subparagraph (3). The individual need not show that failure 19 by the public employer to submit a list of employees to the 20 board as required by subparagraph (3) has caused or will cause 21 injury to the individual. The court shall expedite resolution 22 of such an action and shall grant such a writ if it appears to 23 the court that the public employer has failed to submit a list 24 of employees to the board as required by subparagraph (3). 25 (c) The court shall award court costs, reasonable attorney 26 fees, and any other relief the court determines is appropriate 27 to the prevailing party in such an action. 28 (6) The board shall extend the timelines established in or 29 implementing subparagraph (2) as needed to allow for resolution 30 of the petition and any resulting appeals. The board may 31 also reschedule an election originally scheduled as provided 32 in subparagraph (2), subparagraph division (a), for the next 33 election period provided in subparagraph (2), subparagraph 34 division (b), or vice versa, if necessary to allow for such 35 -2- LSB 1671SV (2) 91 je/js 2/ 4
S.F. 472 resolution. 1 (7) The board shall adopt rules pursuant to chapter 2 17A establishing procedures and timelines applicable to 3 this subsection, including but not limited to procedures 4 for extending the timelines established in or implementing 5 subparagraph (2) as described in subparagraph (6). 6 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 7 importance, takes effect upon enactment. 8 Sec. 3. APPLICABILITY. This Act applies to a retention and 9 recertification election under section 20.15, subsection 2, for 10 which the date of issuance of a notice of intent to conduct an 11 election by the employment appeal board occurs on or after the 12 effective date of this Act. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanations substance by the members of the general assembly. 16 This bill relates to retention and recertification elections 17 for public employee collective bargaining units conducted by 18 the employment appeal board (board). 19 The bill requires the board to issue to the public employer 20 and the bargaining representative a written notice of intent 21 to conduct such an election prior to conducting the election. 22 The bill requires a public employer, after receiving such 23 notice, to submit to the board a list of employees in the 24 bargaining unit within 10 days. The board shall utilize the 25 submitted list to determine the employees eligible to vote in 26 the election and the outcome of the election. 27 The bill requires the board to publish on its internet site 28 a list of public employers to which a notice of intent to 29 conduct an election has been issued, but the election has not 30 yet been conducted by the board. The board shall do so upon the 31 conclusion of the 10-day period for a public employer to submit 32 a list of employees in a bargaining unit to the board. The 33 list shall specify any public employers on the list that have 34 failed to submit a list of employees to the board. The board 35 -3- LSB 1671SV (2) 91 je/js 3/ 4
S.F. 472 shall update the list if a public employer subsequently submits 1 a list of employees to the board. 2 The bill provides that it shall be unlawful for any public 3 employer to fail to submit a list of employees to the board as 4 required by the bill. 5 The bill authorizes an Iowa resident, within 60 days of the 6 boards initial publication of a list of public employers, to 7 petition the district court for a writ of mandamus to compel 8 a public employer to provide the list to the board. The 9 individual need not show that failure by the public employer 10 to submit a list of employees to the board has caused or will 11 cause injury to the individual. The court shall expedite 12 resolution of such an action and shall grant such a writ if it 13 appears to the court that the public employer has failed to 14 submit a list of employees to the board. The bill provides 15 for awarding court costs, reasonable attorney fees, and other 16 appropriate relief to the prevailing party in such an action. 17 The bill requires the board to extend the timelines for 18 carrying out an election as needed to allow for resolution of 19 the petition and any resulting appeals. 20 The bill requires the board to adopt rules establishing 21 applicable procedures and timelines, including but not limited 22 to procedures for extending the timelines in which the election 23 must be held. 24 The bill takes effect upon enactment. The bill applies to a 25 retention and recertification election for which the date of 26 issuance of a notice of intent to conduct an election by the 27 employment appeal board occurs on or after the effective date 28 of the bill. 29 -4- LSB 1671SV (2) 91 je/js 4/ 4