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brett@lynchdallas | eellingson@lynchdallas Twitter: @lynchdallaslaw (319) 365-9101

Collective Bargaining and Chapter 279: One Year Later Emily K. Ellingson June 15, 2018. brett@lynchdallas.com | eellingson@lynchdallas.com Twitter: @lynchdallaslaw (319) 365-9101. Changes to iowa code chapter 20.

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brett@lynchdallas | eellingson@lynchdallas Twitter: @lynchdallaslaw (319) 365-9101

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  1. Collective Bargaining and Chapter 279: One Year Later Emily K. Ellingson June 15, 2018 brett@lynchdallas.com | eellingson@lynchdallas.com Twitter: @lynchdallaslaw (319) 365-9101

  2. Changes to iowa code chapter 20 • Mandatory subjects of bargaining are base wages and other matters mutually agreed upon. • Excluded (or illegal) subjects of bargaining: all retirement systems; dues checkoffs and other payroll deductions for political action committees or other political contributions or political activities; insurance; leaves of absence for political activities; supplemental pay; transfer procedures; evaluation procedures; procedures for staff reduction; and subcontracting public services.

  3. Changes to iowa code chapter 20 • Permissive topics of bargaining are hours; vacations; non-political leaves of absences; shift differentials; overtime compensation; job classifications; health and safety matters; in-service training; release time; grievance procedures; seniority and any wage increase, or employment benefit based on seniority; other employment advantages based on seniority; and any other topics not specifically outlined above.

  4. Changes to iowa code chapter 20 • Mandatory Subjects of Bargaining • Base Wages • Base wages means “the minimum (bottom) pay for a job classification, category or title exclusive of additional pay such as bonuses, premium pay, merit pay, performance pay, or longevity pay.” • There is no obligation to bargain over whether a given job classification, category or title will exist or not because job classifications are a permissive subject of bargaining.  However, once a classification is created or maintained in which bargaining unit members may be or are employed, there is a duty to bargain the base wage for that classification.

  5. IMPACT OF Changes to iowa code chapter 20 • Review collective bargaining agreements to identify mandatory, permissive, and excluded language. • All excluded items will need to be removed – where will they go? • What will be done regarding permissive items? • Options: • Remove all permissive items – where will they go? • Keep all permissive items in contract “as is.” • Remove some permissive items and keep some in contract as is. • Remove some permissive items and keep some in contract with modifications. • Consider Labor Management Committees.

  6. Changes to iowa code chapter 20 • An arbitrator’s authority to award an increase to base wages is limited to the lesser of three percent (3%) or the applicable CPI-U, as determined by PERB. February 2017 – 0.60% December 2017 – 0.90% March 2017 – 1.10% January 2018 – 1.30% April 2017 – 1.00% February 2018 – 1.50% May 2017 – 1.20% March 2018 – 1.50% June 2017 – 1.80% April 2018 – 1.50% July 2017 – 2.20% May 2018 – 1.90% August 2017 – 2.40% June 2018 – 1.70% September 2017 – 1.90% July 2018 – 1.60% October 2017 – 1.80% August 2018 – 1.70% November 2017 – 1.40% September 2018 – 1.80%

  7. IMPACT OF Changes to iowa code chapter 20 • Consider the cost to continue with the salary schedule model. • Options: • Current salary schedule. • Step / Money on the base • Salary schedule with no step. • Money on the base • Percentage increase to every cell – no salary schedule. • Flat dollar increase to every cell – no salary schedule. • Flat one-time payment. • Something else?

  8. Changes to iowa code chapter 20 • Retention and Recertification Elections • All bargaining units must hold a retention and recertification election prior to their contract’s expiration. • Elections are by phone and online ballot. • Unions are required to pay for recertification elections. • The question on the ballot is whether the current bargaining representative shall be retained and recertified as the bargaining representative of the bargaining unit.

  9. Changes to iowa code chapter 20 • Retention and Recertification Elections • In order for the current bargaining representative to be retained and recertified, a majority of the public employees in the bargaining unit have to vote yes. • If the current bargaining representative is not retained and recertified, the bargaining representative shall immediately be decertified and there cannot be another attempt by the representative to be recertified for 24 months.

  10. Changes to iowa code chapter 20 • Dues Deductions • For contracts that were ratified prior to February 17, 2017, dues deductions provisions remain in effect until the expiration of the contract, but cannot be extended beyond the expiration of the contract. • No new contracts can have a dues deduction provision and dues deductions cannot be made after the current contract expires.

  11. Changes to iowa code chapter 279 • Teacher Probationary Periods • Teachers New to Profession: • Current (and Former) Law: Probationary period 3 Years • Teachers Who Previously Have Completed the Probationary Period (New to You): • Former Law: Probationary period of 1 Year • Current Law: Probationary period of 2 Years • Other things for Boards to consider: • Board can still waive the probationary period for any teacher who previously completed the probationary period. • Board may extend probationary period for another year with the consent of the teacher.

  12. Changes to iowa code chapter 279 • Administrator Probationary Periods • Former Law: Probationary period 2 Years • Probationary period can be waived by Board if administrator has previously completed probationary period at another school. • Probationary period may be extended for an additional year with the consent of the administrator. • Current Law: Probationary period 3 Years • Probationary period cannot be waived. • Probationary period may be extended for an additional year with the consent of the administrator.

  13. Changes to iowa code chapter 279 • Teacher Terminations • Probationary Teachers – contract may be terminated by Board effective at the end of the school year without cause. Superintendent/designee notifies teacher on or before April 30 that Board has voted to terminate the contract effective at the end of the school year. Within ten days after receiving the notice, the teacher may request a private conference with the Board to discuss the reasons for the termination. • No right to a private hearing before the Board.

  14. Changes to iowa code chapter 279 • Teacher Terminations (Iowa Code Sect. 279.15) • Non-Probationary Teachers – still have to serve a written notice prior to April 30 and teacher has a right to a private hearing before the Board. • Former Law: Hearing between 10 and 20 days after request for hearing. Superintendent provides documents and list of witnesses 5 days before hearing, teacher 3 days before hearing. • Current Law: Hearing between 20 and 40 days after request for hearing. Superintendent provides documents and list of witnesses 10 days before hearing, teacher 7 days prior to hearing.

  15. Changes to iowa code chapter 279 • Teacher Terminations (Iowa Code Sect. 279.15), continued • Non-Probationary Teacher Termination Hearings • Former Law: Had to hire court reporter. Board could issue subpoenas. Parties could submit briefs following the hearing. Board’s options: (1) terminate contract or (2) continue contract with or without a paid or unpaid suspension. • Current Law: Court reporter not required. Board not able to issue subpoenas. No right to submit briefs. Board’s options: (1) terminate contract; (2) continue contract with or without a paid or unpaid suspension; and (3) issue teacher a one year non-renewable contract.

  16. Changes to iowa code chapter 279 • Teacher Termination Appeals • Probationary Teacher Termination Appeals • Current (and Former) Law: Teacher does not have a right to appeal Board decision. • Non-Probationary Teacher Termination Appeals • Former Law: Teacher could appeal Board decision to adjudicator. Adjudicator decision could be appealed to District Court, District Court decision to Iowa Supreme Court/Iowa Court of Appeals. • Current Law: No appeal to adjudicator. Appeal to District Court, District Court decision to Iowa Supreme Court/Iowa Court of Appeals.

  17. Changes to iowa code chapter 279 • Teacher Termination Standards (Iowa Code Sect. 279.27) • Former Law: Teacher may be terminated at any time during the contract year for just cause. Just cause not defined in the law, but in court decisions. • Current Law: Same as former law, but adds an additional definition of just cause – a violation of the BOEE Code of Ethics if the Board has taken disciplinary action against a teacher during the six months following issuance by the Board of a final written decision and finding of fact after a disciplinary proceeding.

  18. Changes to iowa code chapter 279 • Administrator Terminations (Iowa Code Sect. 279.24) • Probationary Administrators • Current (and Former) Law: Have to notify administrator prior to May 15 that contract will not be renewed beyond the current year. Within 10 days of receipt of notice, administrator may request a private conference with Board to discuss reasons for termination. No right to Board hearing.

  19. Changes to iowa code chapter 279 • Administrator Terminations (Iowa Code Sect. 279.24), continued • Non-Probationary Administrators • Former Law: Prior to voting to consider termination, Board and administrator could agree to one year non-renewable contract. Public termination hearing before ALJ within 10 to 30 days of request for hearing. Appeal from ALJ to Board. Board decides to terminate contract or continue the contract and whether to suspend for a period of time with or without pay.

  20. Changes to iowa code chapter 279 • Administrator Terminations (Iowa Code Sect. 279.24), continued • Non-Probationary Administrators, continued • Current Law: Prior to voting to consider termination, Board can issue one year non-renewable contract. Private termination hearing before ALJ within 20 to 40 days of request for hearing. Appeal from ALJ to Board. Board decides to terminate contract; continue the contract and whether to suspend for a period of time with or without pay; or issue administrator a one year non-renewable contract.

  21. Changes to iowa code chapter 279 • Coaching Contracts • Teacher/Coaches • Former Law: Continuing contract that may only be terminated by following the procedures for the termination on non-probationary teaching contracts, including Board hearing and appeals. • Current Law: Not a continuing contract. Board can decide to not issue contract for next year. Contract may be terminated mid-season for any lawful reason following an informal, private hearing before the Board. Decision of Board is final. No appeal.

  22. Changes to iowa code chapter 279 • Temporary Teacher Contracts • Former Law: Temporary contract could be issue to fill a vacancy created by military service leave. • Current Law: Former law plus the ability to issue a temporary contract for up to 6 months for any reason. The termination of a temporary contract is not subject to chapter 279 termination procedures.

  23. Changes to iowa code chapter 279 • Temporary Administrator Contracts • Former Law: Temporary contract could be issue to fill a vacancy created by military service leave. • Current Law: Former law plus the ability to issue a temporary contract for up to 9 months for any reason. The termination of a temporary contract is not subject to chapter 279 termination procedures.

  24. Changes to iowa code chapter 284 • Teacher Intensive Assistance • Negotiating Intensive Assistance Procedures • Former Law: Subject to negotiation and grievance procedures. • Current Law: Not subject to negotiation and grievance procedures. • Limitation on Intensive Assistance Plans • Former Law: No limitation (teacher could be on intensive assistance multiple times). • Current Law: A teacher who has previously participated in an intensive assistance program relating to a particular Iowa teaching standard or criteria shall not be entitled to participate in another intensive assistance program relating to the same standards or criteria.

  25. Changes to iowa code chapter 284 • Teacher Intensive Assistance • Teachers who do not successfully complete an intensive assistance program or who are not entitled to participate in another intensive assistance program are subject to: • Immediate termination under Iowa Code 279.27. • Termination at the end of the school year under Iowa Code 279.15. • Being issued a one year non-renewable contract.

  26. Changes to iowa code chapter 22 • Personnel Records • Former Law: The fact an employee was discharged as the result of a final disciplinary action is an exception to confidential personnel records and is subject to public disclosure. • Current Law: The fact an employee resigned in lieu of termination, was discharged or was demoted as the result of disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, discharge or demotion are an exception to confidential personnel records and are subject to public disclosure. • An employer must notify an employee in writing if the employer takes action against an employee that may result in information being placed in the employee’s personnel file that may become a public record. • See recent IPIB case on definition of “documented reasons and rationale” (available at https://ipib.iowa.gov/advisory-opinions/ipib-ao-2018-0008).

  27. QUESTIONS? Emily K. Ellingson Lynch Dallas, P.C. (319) 365-9101 eellingson@lynchdallas.com

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