Embedded Files
The bargaining topics between employees and employer are divided into three areas:
Mandatory: listed in the law - Base Wages
Illegal topics: Retirement Systems, Dues Checkoff, Payroll Deductions for PACs, Insurance, Leaves of absence for political purposes, Supplemental pay, Transfer, Evaluation, Staff Reduction
Permissive: All topics not listed as Illegal topics may be bargained upon mutual agreement. Topics may not proceed to arbitration.Management Rights and illegal topics to bargain, including retirement (IPERS)
There is a long list of public employer rights listed in the law, which includes hiring, promotion, demotion or transfer of employees; suspension or discharge of public employees for proper cause; and maintaining the efficiency of governmental operations.
In most cases, the two sides are able to sit down and negotiate on mutually agreed upon contract terms. In the rare instance (less than 3% last year) when the two sides cannot reach agreement, they can pursue mediation and/or arbitration.
All other public workers can now negotiate for base wages only. If a contract goes to arbitration, the bargaining unit will receive a maximum 3-percent raise or a percentage equal to the increase in Consumer Price Index (CPI) for a 12-month period, whichever is less.
They are prohibited from negotiating insurance, leaves of absence, transfer procedures, evaluation procedures, staff reduction, membership dues and PAC contributions. These are illegal topics (i.e., not permissive topics). Even if an employer wants to negotiate with a bargaining group on these items, they cannot.
Grievance procedures, seniority, holidays, hours, vacations, shift differentials, health and safety were previously mandatory subjects of bargaining. They now are permissive subjects; both the employer and the employee organization must agree to negotiate permissive topics.
Employees covered by a bargaining unit cannot on their own negotiate illegal bargaining topics with their employer. This is prohibited.
There is no prohibition against the parties talking about illegal topics of bargaining. Under the new law, the expectation is that these items will continue to be discussed with opportunity for input of the Union. In a highly functioning School District this will take place in a Labor Management Committee, and agreements will reside in Board Policy with clear cut procedures for consulting the Union prior to making changes should that become necessary.
Iowa teachers
Prohibits all discussion of evaluation procedures.
Allows witnesses for the parties to be present in a private hearing, as well as the teacher’s representative. The board must keep a record of the private hearing, but they are no longer required to employ a shorthand reporter.
The school board and employee organization can no longer issue subpoenas for witnesses and files.
If a teacher does not file for a private hearing on their termination in a timely manner, the board may proceed with the termination and would no longer have to wait until May 31.
The school board must make a final decision on the termination. The decision is based solely on the evidence in the record and on matters officially noticed in the record. The adjudicator is removed from the grievance process in termination filings. If a teacher rejects the board decision, they can’t appeal to a neutral adjudicator. They must go to court.
The probationary time for teachers is expanded to a mandatory two years, and districts can remove probationary teachers without cause following their two years.
Supplemental pay is removed as a negotiated subject of bargaining. This could cause a shortage for after-school activities, which punishes teachers who spend time with kids in the subjects that make them want to go to school.
Just cause for termination and discipline is expanded beyond the professional code of ethics.
Teachers who participate in intensive assistance and, anytime in the future, fail to meet the applicable standards can be fired.
For handouts from the November 17th meeting, please click here.
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