Fair Share Legislation a Reality in Iowa?

A NOTE FROM YOUR REGIONAL DIRECTOR...

Dear Midwest Peace & Justic Caucus Friends:

In an effort to realize item four within our caucus agenda, I am supplying you with the following information for study. As you may know, Iowa is working to move forward to earn a "hard-fought" victory realized by our colleagues in Illinois, Michigan, and Minnesota. As we were successful in electing a pro-education House, Senate and Governor, the time seems right for us to move from studying the issue to making it a reality.

Below is the Senate version of the Fair Share bill presently being tossed around the legislature. I don't know what the House version is yet, but I'll work on it. As you will see below, negotiations for Fair Share will be mandotary. Please read and ponder your future actions.

Read below to see what exactly is being discussed.

LEAVE YOUR COMMENTS ON THIS ISSUE BY CLICKING HERE.

Submitted respectfully,

Tom Wolfe

Tom Wolfe,
Midwest Peace & Justice Director

FAIR SHARE LEGISLATION
Senate Study Bill 1120
Bill Text

Far left number is page number, followed by line number:

1 1 Section 1. Section 20.8, subsection 4, Code 2007, is
1 2 amended to read as follows:
1 3 4. Refuse to join or participate in the activities of
1 4 employee organizations, including the payment of any dues,
1 5 fees or assessments or service fees of any type, except as
1 6 provided in section 20.9.
1 7 Sec. 2. Section 20.9, Code 2007, is amended to read as
1 8 follows:
1 9 20.9 SCOPE OF NEGOTIATIONS.
1 10 1. The public employer and the employee organization shall
1 11 meet at reasonable times, including meetings reasonably in
1 12 advance of the public employer's budget=making process, to
1 13 negotiate in good faith with respect to wages, hours,
1 14 vacations, insurance, holidays, leaves of absence, shift
1 15 differentials, overtime compensation, supplemental pay,
1 16 seniority, transfer procedures, job classifications, health
1 17 and safety matters, evaluation procedures, procedures for
1 18 staff reduction, in=service training, fair share agreements,
1 19 and other matters mutually agreed upon. Negotiations shall
1 20 also include terms authorizing dues checkoff for members of
1 21 the employee organization, terms for payroll deduction of fair
1 22 share fees of nonmembers of the employee organization, and
1 23 grievance procedures for resolving any questions arising under
1 24 the agreement, which shall be embodied in a written agreement
1 25 and signed by the parties. If an agreement provides for dues
1 26 checkoff, a member's dues may be checked off only upon the
1 27 member's written request and the member may terminate the dues
1 28 checkoff at any time by giving thirty days' written notice.
1 29 Such obligation to negotiate in good faith does not compel
1 30 either party to agree to a proposal or make a concession.
1 31 2. a. Notwithstanding any provision of state law to the
1 32 contrary, a negotiated agreement for fair share fees shall not
1 33 provide for the termination of the employment of a public
1 34 employee for failure to pay membership dues and charges or
1 35 fair share fees of an employee organization, but shall provide
2 1 that, commencing on the effective date of a collective
2 2 bargaining agreement which provides for a fair share fee, the
2 3 public employer shall deduct once each month from the wages or
2 4 salaries of nonmembers of the certified employee organization
2 5 the amount of the fair share fee and transmit the amount
2 6 deducted to the certified employee organization within
2 7 fourteen days of the deduction.
2 8 b. Every negotiated agreement for fair share fees shall
2 9 conform with the requirements of the Constitution of the
2 10 United States and the Constitution of the State of Iowa, and
2 11 shall provide, if required, for the following:
2 12 (1) The certified employee organization may charge
2 13 nonmembers of the employee organization a fair share fee,
2 14 which shall not exceed the amount of dues and charges required
2 15 to be paid by a member in good standing of the employee
2 16 organization.
2 17 (2) The certified employee organization shall furnish
2 18 advance written notice of the amount of the fair share fee to
2 19 the nonmember employees who will be assessed the fee. The
2 20 notice shall inform the nonmember of a procedure by which the
2 21 nonmember may object to and receive a reduction of the pro
2 22 rata share of the fee attributed to purposes unrelated to
2 23 collective bargaining, contract administration, or the pursuit
2 24 of other matters affecting wages, hours, and other conditions
2 25 of employment. The notice also shall inform the nonmember of
2 26 a procedure by which the nonmember is afforded an opportunity
2 27 to challenge the amount of the fee before an impartial
2 28 decision maker. All fees reasonably in dispute during the
2 29 challenge period shall be held by the certified employee
2 30 organization in an interest=bearing escrow account until final
2 31 resolution is made by the impartial decision maker, at which
2 32 time such funds shall be disbursed in accordance with the
2 33 decision maker's award.
2 34 (3) The public employer shall provide the certified
2 35 employee organization with a list of the names and addresses
3 1 of all nonmember employees in the bargaining unit that is
3 2 represented by the employee organization.
3 3 3. Nothing in this section, section 20.8, or in the terms
3 4 of a fair share agreement shall be deemed to require a public
3 5 employee to become a member of an employee organization.
3 6 4. Nothing in this section shall diminish the authority
3 7 and power of the department of administrative services, board
3 8 of regents' merit system, Iowa public broadcasting board's
3 9 merit system, or any civil service commission established by
3 10 constitutional provision, statute, charter or special act to
3 11 recruit employees, prepare, conduct and grade examinations,
3 12 rate candidates in order of their relative scores for
3 13 certification for appointment or promotion or for other
3 14 matters of classification, reclassification or appeal rights
3 15 in the classified service of the public employer served.
3 16 5. All retirement systems shall be excluded from the scope
3 17 of negotiations.
3 18 Sec. 3. Section 731.3, Code 2007, is amended to read as
3 19 follows:
3 20 731.3 CONTRACTS TO EXCLUDE UNLAWFUL.
3 21 It Except as provided in sections 20.8, 20.9, and 731.4A,
3 22 it shall be unlawful for any person, firm, association,
3 23 corporation or labor organization to enter into any
3 24 understanding, contract, or agreement, whether written or
3 25 oral, to exclude from employment members of a labor union,
3 26 organization or association, or persons who do not belong to,
3 27 or who refuse to join, a labor union, organization or
3 28 association, or because of resignation or withdrawal
3 29 therefrom.
3 30 Sec. 4. Section 731.4, Code 2007, is amended to read as
3 31 follows:
3 32 731.4 UNION DUES AS PREREQUISITE TO EMPLOYMENT ==
3 33 PROHIBITED.
3 34 It Except as provided in sections 20.8, 20.9, and 731.4A,
3 35 it shall be unlawful for any person, firm, association, labor
4 1 organization or corporation, or political subdivision, either
4 2 directly or indirectly, or in any manner or by any means as a
4 3 prerequisite to or a condition of employment to require any
4 4 person to pay dues, charges, fees, contributions, fines or
4 5 assessments to any labor union, labor association or labor
4 6 organization.
4 7 Sec. 5. NEW SECTION. 731.4A FAIR SHARE FEE AGREEMENTS.
4 8 A labor union, labor association, labor organization, or
4 9 employee organization, which is the certified or recognized
4 10 exclusive representative for collective bargaining under
4 11 applicable federal or state law, may enter into an agreement
4 12 with the employer of the employees it is certified or
4 13 recognized to represent in collective bargaining that, as a
4 14 condition of continued employment, requires employees, after
4 15 thirty days of employment, either to become a member of the
4 16 certified or recognized labor union, labor association, labor
4 17 organization, or employee organization, or to pay a fair share
4 18 fee to the extent permitted by the Constitution of the United
4 19 States, the Constitution of the State of Iowa, and federal
4 20 law. Nothing in this section shall be deemed to require an
4 21 employee to become a member of a labor union, labor
4 22 association, labor organization, or employee organization.
4 23 Sec. 6. EFFECTIVE DATE. This Act, being deemed of
4 24 immediate importance, takes effect upon enactment.
4 25 EXPLANATION
4 26 This bill authorizes the negotiating of fair share
4 27 agreements in collective bargaining agreements.
4 28 Code chapter 20, concerning collective bargaining for
4 29 public employment, is amended to authorize fair share
4 30 agreements. Code section 20.9 is amended to provide that the
4 31 scope of negotiations for purposes of a collective bargaining
4 32 agreement includes negotiating fair share agreements and the
4 33 terms for payroll deductions of fair share fees for nonmembers
4 34 of an employee organization. The bill provides that a
4 35 negotiated fair share agreement shall provide that the public
5 1 employer deduct once each month from the wages of nonmembers
5 2 of an applicable employee organization the amount of the fair
5 3 share fee and transmit it to the certified employee
5 4 organization within 14 days of the deduction. The bill
5 5 further requires that the agreement for fair share fees
5 6 provide that the fair share fee shall not exceed the amount of
5 7 dues and charges required of a member of the employee
5 8 organization, that the certified employee organization provide
5 9 advance written notice of the fee and a procedure for
5 10 nonmembers to object to and receive a reduction of the share
5 11 of the fee unrelated to collective bargaining, contract
5 12 administration, and other related matters, that an impartial
5 13 procedure be provided for resolving fair share fee disputes,
5 14 and that the public employer furnish the employee organization
5 15 with a list of the names and addresses of all nonmembers. The
5 16 bill also provides that nothing in a fair share agreement
5 17 shall provide for the termination of employment for failure to
5 18 pay a fair share fee or shall require a public employee to
5 19 become a member of an employee organization.
5 20 Code chapter 731, concerning labor union membership, is
5 21 also amended to authorize fair share agreements. New Code
5 22 section 731.4A provides that a labor union may enter into an
5 23 agreement with an employer that, as a condition of continued
5 24 employment, requires employees whom the union is certified to
5 25 represent to become a member of the labor union or to pay a
5 26 fair share fee to the extent permitted by the United States
5 27 Constitution, the Iowa Constitution, and applicable federal
5 28 law. The new Code section provides that nothing in this Code
5 29 section shall be deemed to require an employee to become a
5 30 member of a labor union.
5 31 The bill takes effect upon enactment.
5 32 LSB 1856XC 82
5 33 ec:rj/je/5.1