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