Decatur County v. Public Employment Relations Board

564 N.W.2d 394, 157 L.R.R.M. (BNA) 2574, 1997 Iowa Sup. LEXIS 200
CourtSupreme Court of Iowa
DecidedJune 18, 1997
Docket96-1029
StatusPublished
Cited by7 cases

This text of 564 N.W.2d 394 (Decatur County v. Public Employment Relations Board) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Decatur County v. Public Employment Relations Board, 564 N.W.2d 394, 157 L.R.R.M. (BNA) 2574, 1997 Iowa Sup. LEXIS 200 (iowa 1997).

Opinion

HARRIS, Justice.

This case presents a novel challenge to a routine administrative determination by the public employment relations board (PERB). The suit concerns whether a proposal for employee benefits is a mandatory subject of bargaining under Iowa Code section 20.9 (1995). We think PERB was correct in holding it is.

Decatur County is a public employer. The intervenor, Public, Professional and Maintenance Employees, Local 2003 (the union), is an employee organization certified as the exclusive bargaining representative for the public employees of the Decatur County secondary road department. See Iowa Code § 20.3(4). The collective bargaining agreement between the union and the county was to expire on June 30,1995.

On August 29, 1994, prior to bargaining for a successor contract, the Decatur County board of supervisors adopted a resolution to govern the accrual of benefits while county employees received workers’ compensation benefits. The resolution provided:

1. The accrual of sick leave benefits will not be allowed while an employee is receiving workers’ compensation [benefits].
2. Employees shall not be paid for holidays while receiving workers’ compensation [benefits].
*396 3. The accrual of vacation time will not be allowed while an employee is receiving workers’ compensation [benefits]. However, vacation time earned prior to inception of workers’ compensation will be owed to the employee.

During the negotiations for the new agreement, the union proposed adding the following language: “While [drawing workers’ compensation benefits] all employee benefits will continue to accrue.” The county refused to bargain over the proposal, claiming it was not a mandatory bargaining subject and that the county’s August 29, 1994, resolution prohibited negotiation on this issue. Impasse resolution procedures were invoked and the matter was submitted to a fact finder. The county filed a petition before PERB requesting a determination of the bargaining status of the union’s proposal. When the matter was presented to PERB, the county and the union stipulated the term “employee benefits” in the union’s proposal meant sick leave, holidays, and vacations.

PERB rejected the county’s first argument, concluding the union’s proposal was a legal subject of mandatory bargaining under the “holidays,” “vacations,” and “leaves of absence” provisions of Iowa Code section 20.9. PERB then rejected the county’s contention that its home rule adoption of the August 24, 1994, resolution rendered illegal an otherwise mandatory subject of bargaining under chapter 20. PERB also rejected the county’s claim that the proposal violated the workers’ compensation law’s exclusivity provisions. The county then sought judicial review in district court, and the matter is before us on the county’s appeal from the district court’s affirmance of PERB’s decision.

Our scope of review of a PERB final decision is governed by Iowa Code section 17A.19(8). State v. Public Employment Relations Bd., 508 N.W.2d 668, 670 (Iowa 1993). We review the district court’s and PERB’s interpretation of statutes on error. Id. Any constitutional issues are reviewed de novo. State v. Finnel, 515 N.W.2d 41, 43 (Iowa 1994).

I. Iowa Code chapter 20 governs collective bargaining between public employers and public employee representatives. Iowa Code section 20.9 governs the scope of negotiable issues for collective bargaining. It provides in relevant part:

The public employer and the employee organization shall meet at reasonable times ... 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 and other matters mutually agreed upon.

Iowa Code § 20.9.

This section creates two categories of negotiable subjects: (1) mandatory subjects that “shall” be negotiated by the parties; and (2) permissive subjects that the parties “mutually agree” to negotiate. Id.; City of Fort Dodge v. Public Employment Relations Bd., 275 N.W.2d 393, 395 (Iowa 1979). “[Classification of a particular item is important, because only mandatory items may be taken through statutory impasse procedures to final arbitration, unless the employer consents.” City of Fort Dodge, 275 N.W.2d at 395.

We apply a two-step analysis in determining whether a proposal is a mandatory bargaining subject under the section. State v. Public Employment Relations Bd., 508 N.W.2d at 672. First the proposal must come within the meaning of a section 20.9 mandatory bargaining subject. Id. Second the proposal must not be illegal under any other provision of law. Id. The first issue in this ease concerns the application of the first step of this two-step analysis. The second and third issues concern the application of the second step.

In determining whether a proposal is a mandatory bargaining subject within section 20.9, we apply several rules. We look only at the subject matter and not the merits of the proposal. Charles City Community Sch. Dist. v. Public Employment Relations Bd., 275 N.W.2d 766, 769 (Iowa 1979). The *397 mandatory subjects listed in section 20.9 are construed narrowly and restrictively. Id. at 773; see also State v. Public Employment Relations Bd., 508 N.W.2d at 672. This restrictive approach to interpreting the subjects of mandatory bargaining stems from the legislative history of the section, the “cogent policy arguments for distinguishing public and private sector bargaining,” and the “legislative intent” underlying Code chapter 20. Charles City, 275 N.W.2d at 773.

In applying the first step of the two-step analysis we determine whether the proposal, “on its face, fits within a definition-ally fixed section 20.9 mandatory bargaining subject.” State v. Public Employment Relations Bd., 508 N.W.2d at 673; see also Clinton Police Dep’t Bargaining Unit v. Public Employment Relations Bd., 397 N.W.2d 764, 766 (Iowa 1986).

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Bluebook (online)
564 N.W.2d 394, 157 L.R.R.M. (BNA) 2574, 1997 Iowa Sup. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/decatur-county-v-public-employment-relations-board-iowa-1997.