Iowa Public Sector Labor Law

1. Iowa Public Sector Labor Law Iowa Professional Fire Fighters University of Iowa Labor Center

2. Public Employment Relations Act(PERA), Iowa Code Chapter 20 (1974) • Guarantees basic union rights for public employees in this state. • Establishes unique system of collective bargaining for public employees. • Creates new agency to administer law and collective bargaining.

3. Public Employee Rights • Organize, form, join or assist any employee organization. • Negotiate collectively through representatives of their own choosing. • Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this chapter or any other law of the state. • Refuse to join or participate in the activities of employee organizations, including the payment of any dues, fees or assessments or service fees of any kind.

4. No Right To Strike • Specifically prohibited • Prohibited practice • Criminal offense • Imprisonment • Fines • Decertification

5. Public Employer Rights • Direct the work of its public employees. • Hire, promote, demote transfer, assign and retain public employees in positions within the public agency. • Suspend or discharge employees for proper cause. • Maintain the efficiency of governmental operations. • Relieve public employees from duties because of lack of work or for other legitimate reasons. • Determine and implement methods, means, assignments and personnel by which the public employer's operations are to be conducted. • Take such actions as may be necessary to carry out the mission of the public employer. • Initiate, prepare, certify and administer its budget. • Exercise all powers and duties granted to the public employer by law. These rights are in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter or special act.

6. Public Employment Relations Board • Three person board, appointed by the Governor: • Jim Riordan, Chair • Sue Warner • Neil Barrick • Administrative Law Judges (4) • Clerical Staff (3)

7. Supervises organizing/certification process • Decides unit cases (Board) • Administers collective bargaining system • Decides prohibited practice cases (ALJs) • Decides negotiability disputes (Board) • Collects contract information • Collects financial information about unions

8. Steps In Bargaining Process • Two Initial Meetings Open to the Public • Closed Bargaining Meetings • Mediation • Fact-Finding • Arbitration

9. Scope of Bargaining 1. Mandatory Topics Only those topics that are specifically listed. 2. Expressly Prohibited Topics Retirement Systems 3. Permissive Topics “Other Matters Mutually Agreed Upon”

10. Scope of Bargaining • Wages • Hours • Vacations • Insurance • Holidays • Leaves of Absence • Shift Differentials • Overtime Compensation • Supplemental Pay • Seniority • Transfer Procedures • Job Classifications • Health & Safety Matters • Evaluation Procedures • Procedures for Staff Reduction • In-Service Training • Grievance Procedure • Dues Check-Off What’s missing?

11. What Difference Does It Make? • Only mandatory topics must be discussed at bargaining. Neither part can compel the other to discuss permissive topics in bargaining. • Only mandatory topics can be submitted to impasse. • During the term of the contract, an employer cannot make unilateral changes affecting mandatory topics.

12. Negotiability Disputes • Decided by PERB, not by arbitrator • Arbitrator issues decision, contingent on PERB ruling • Expedited decision by Board • Final Decision by Board • Appeal to District Court • Appeal to Iowa Supreme Court

13. Prohibited Practice Complaint(PPC) - Employers • Interfere with, restrain or coerce public employees in the exercise of rights granted by this chapter. • Dominate or interfere in the administration of any employee organization ( company unions). • Encourage or discourage membership … by discrimination in… terms or conditions of employment. • Discharge or discriminate against a public employee… has joined or chosen to be represented... • Refuse to negotiate collectively... (in good faith) • Deny the rights accompanying certification... • Refuse to participate in good faith in… impasse procedures… • Engage in a lockout.

14. Prohibited Practice Complaint(PPC) - Unions • Interfere with, restrain, coerce or harass any public employee... • Interfere, restrain, or coerce a public employer with respect to rights granted in this chapter or with respect to selecting a representative for the purposes of negotiating collectively on the adjustment of grievances. • Refuse to bargain collectively with public employer… (in good faith), • Refuse to participate in good faith in… impasse procedures… • Violate section 20.12 (Strike). • Violate the provisions of section 732.1 to 732.3, (“Right to Work”), • Picket in a manner which interferes with ingress and egress... • Engage in… any picketing that is performed in support of a strike, work stoppage, boycott or slowdown against a public employer. • Picket for any unlawful purpose.

15. Good Faith Bargaining Meet at reasonable times Discuss proposals relating to mandatory topics of bargaining With the subjective intent of reaching an agreement, if possible

16. What’s Bad Faith Bargaining?It Depends on Totality of Circumstances. Insisting on meeting at unreasonable times/places Delays in scheduling bargaining sessions Canceling bargaining sessions w/o good reason Refusal/delay in submitting proposals/counter proposals Unresponsive/meaningless counter proposals Unreasonable delay in providing requested information Bargainers have no authority to make an agreement Withdrawal of a proposal after an agreement is reached Conditioning bargaining on agreement to a permissive subject Inconsistent bargaining positions Dealing directly with employees

17. “Free Speech” The expressing of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of any unfair labor practice under any of the provisions of this chapter, if such expression contains no threat of reprisal or force or promise of benefit. Section 20.10.4

18. “In order to meet the union’s demands we would have to lay off the entire police and fire departments. Gangs of armed thugs would take over the city, steal your money, burn down your house and poison your dog.” If you don’t accept this offer, we’re going to contract out all the bargaining unit work. Lying Is Not necessarily PPC “We’ve calculated the cost of your proposal and it represents a $4 million increase.” • Words alone are not a PPC unless they contain a threat or promise. • Bald face lies about the union (or the employer) to the press or the public are not necessarily illegal. • Providing false information to other party in bargaining might be.

19. Good Faith Bargaining? Examples Is this employer violating its legal obligation to bargain in good faith?

20. Example 1 • City holds press conference in September, before bargaining starts. City says that it expects that financial crisis will result in lower tax revenues and it anticipates significant increase in insurance premiums. • City announces that, for those reasons, it will not be giving any pay increases in bargaining this year. • The City says it is willing to meet as often as the Union wants, but it’s not going to change its position on wage increases.

21. Example 2 • You’ve reached impasse and it looks like you are headed for arbitration. • The City sends a letter to every resident in town, claiming that if the Union wins a pay increase through arbitration, it will have to layoff some employees, possibly resulting in loss of essential services. The letter urges citizens to call the Union President and let him know that they oppose the Union’s decision to go to arbitration.

22. Example 3 • At the first bargaining session, the employer announces that if the parties don’t reach a voluntary agreement, it will take all of the language relating to permissive topics of bargaining out of the contract. • One of the items it identifies as permissive is the language about uniforms. • The employer has always paid for uniforms and language about uniforms has been in every contract since 1976.

23. Example 4 • You ask for a list of employees who have requested FMLA leave in the last two years. • The City says they won’t give you that information because it’s “confidential”.

24. Example 5 • The parties start bargaining in November. The City’s initial proposal is to have single employees pay $50/month for insurance and family employees to pay $200/month. • In January, the employer announces that it is withdrawing its previous proposal and now proposes that single employees pay $100/month and family employees pay $400/month.

25. PPC Procedure Charge filed by party (union or employer) with PERB office (Des Moines) Case developed by the parties Mediation, settlement or set for hearing If set for hearing, hearing before ALJ, decision by ALJ Appeal to Board Appeal to Iowa District Court Appeal to Iowa Supreme Court

26. Remedy? • Posting • Cease & desist • Attorney’s fees (rarely and only for bad faith) • PERB may extend the impasse timelines

27. Steps In Bargaining Process Two Initial Meetings Open to the Public Closed Bargaining Meetings Mediation Fact-Finding Arbitration

28. Mediation • What is it?

29. Impasse Hearing Process

30. Criteria for Fact-finders & Arbitrators Section 20.22(9) • Bargaining history • Comparability • Public interest • Ability to pay • Other relevant factors

31. Fact-Finding • Neutral person, selected (and paid) by parties from PERB list • Holds “hearing”, considers information submitted by parties • Issues written decision • Makes recommendation on each issue (topic of bargaining) • Can select union or management position or (usually) something in between • Is not binding unless accepted by both parties • Can be waived if both parties agree

32. Arbitration Neutral person, selected (and paid) by parties from PERB list Holds “hearing”, considers information submitted by parties Issues written decision Makes recommendation on each issue (topic of bargaining) Can only select union or management position or fact-finder’s recommendation (if there was one) Is final and binding on both parties No appeal process, unless does not comply with law

33. Timeliness is Essential! • Impasse deadline. Process has to be completed by March 15 (except schools). Classified employees (non-teaches have until April 15. Teachers have until May 30. • Impasse notification. Simple form has to be submitted to PERB 120 days in advance of impasse deadline (November 15). • Impasse deadline can be waived or extended, if both parties agree.)