Iowa’s Public Employment Relations Act (PERA) otherwise known as Chapter 20 of the Code of Iowa and contains procedures by which employees can collectively bargain. The law was significantly amended during the 2017 legislative session. Because of the complexity of the process, many cities choose to enlist the help of labor negotiators, consultants and/or attorneys specializing in labor relations to assist with personnel issues and negotiations with bargaining units.
Rights of Employers and Employees
The modification of Chapter 20 creates different bargaining rights for Public Safety Employee units and Non-Public Safety Employee units. Public Safety Employee bargaining units have much broader bargaining rights than Non-Public Safety Employee units under the new law. To qualify as a Public Safety Employee bargaining unit, Public Safety Employees must make up at least 30% of the employees in the bargaining unit. Some of the changes to Chapter 20 include:
Public Safety Employee Bargaining Units
Creates a new definition of “public safety employee” including, but not limited to:
- A sheriff’s regular deputy.
- A marshal or police officer of a city, township, or special-purpose district or authority who is a member of a paid police department.
- A member, except a non-peace officer member, of the division of state patrol, narcotics enforcement, state fire marshal, or criminal investigation, including but not limited to a gaming enforcement officer, who has been duly appointed by the department of public safety in accordance with section 80.15.
- A conservation officer or park ranger as authorized by section 456A.13. e.
- A permanent or full-time fire fighter of a city, township, or special-purpose district or authority who is a member of a paid fire department.
- A peace officer designated by the department of transportation under section 321.477 who is subject to mandated law enforcement training
- For negotiations regarding a bargaining unit with at least thirty percent of members who are public safety employees, the public employer and the employee organization shall meet at reasonable times, including meetings reasonably in advance of the public employer’s budget-making process, to negotiate in good faith with respect to wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and safety matters, evaluation procedures, procedures for staff reduction, in-service training, grievance procedures for resolving any questions arising under the agreement, and other matters mutually agreed upon. Mandatory subjects of negotiation specified in this subsection shall be interpreted narrowly and restrictively.
Non-Public Safety Employee Bargaining Units
For non-public safety bargaining units, the law was amended so that they may only negotiate base wages and other mutually agreed upon matters. Such units may not negotiate insurance, leaves of absence for political activity, supplemental pay, transfer procedures, evaluation procedures, procedures for staff reductions, subcontracting public services, retirement, dues checkoff, payroll deductions for PAC’s, other political payroll deductions, and political activity deductions. Mandatory subjects of negotiation specified in this subsection shall be interpreted narrowly and restrictively.
Other Provisions of the Law
All agreements will be limited to no longer than five years, and mandatory subjects of negotiation identified in Chapter 20 Section 20.9 must be interpreted narrowly and restrictively.
Under Chapter 20 it is unlawful for any public employer, public employee, or any employee organization, directly or indirectly, to induce, instigate, encourage, authorize, ratify or participate in a strike against any public employer, among other things. For the full scope of prohibited practices, review Section 20.10.
Employment Appeal Board
Since July 1, 2024, the EAB oversees public collective bargaining matters, including conducting elections, deciding prohibited practices complaints, and resolving grievances filed by state employees.
