Bill > SF472

Introduced Session

This bill relates to retention and recertification elections for public employee collective bargaining units conducted by the employment appeal board (board). The bill requires the board to issue to the public employer and the bargaining representative a written notice of intent to conduct such an election prior to conducting the election. The bill requires a public employer, after receiving such notice, to submit to the board a list of employees in the bargaining unit within 10 days. The board shall utilize the submitted list to determine the employees eligible to vote in the election and the outcome of the election. The bill requires the board to publish on its internet site a list of public employers to which a notice of intent to conduct an election has been issued, but the election has not yet been conducted by the board. The board shall do so upon the conclusion of the 10-day period for a public employer to submit a list of employees in a bargaining unit to the board. The list shall specify any public employers on the list that have failed to submit a list of employees to the board. The board shall update the list if a public employer subsequently submits a list of employees to the board. The bill provides that it shall be unlawful for any public employer to fail to submit a list of employees to the board as required by the bill. The bill authorizes an Iowa resident, within 60 days of the board’s initial publication of a list of public employers, to petition the district court for a writ of mandamus to compel a public employer to provide the list to the board. The individual need not show that failure by the public employer to submit a list of employees to the board has caused or will cause injury to the individual. The court shall expedite resolution of such an action and shall grant such a writ if it appears to the court that the public employer has failed to submit a list of employees to the board. The bill provides for awarding court costs, reasonable attorney fees, and other appropriate relief to the prevailing party in such an action. The bill requires the board to extend the timelines for carrying out an election as needed to allow for resolution of the petition and any resulting appeals. The bill requires the board to adopt rules establishing applicable procedures and timelines, including but not limited to procedures for extending the timelines in which the election must be held. The bill takes effect upon enactment. The bill applies to a retention and recertification election for which the date of issuance of a notice of intent to conduct an election by the employment appeal board occurs on or after the effective date of the bill.

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Rereferred to Judiciary. H.J. 1222. (on 05/15/2025)

Official Document