State v. Public Employment Relations Board

508 N.W.2d 668, 146 L.R.R.M. (BNA) 2357, 1993 Iowa Sup. LEXIS 249, 1993 WL 482330
CourtSupreme Court of Iowa
DecidedNovember 24, 1993
Docket92-1051
StatusPublished
Cited by13 cases

This text of 508 N.W.2d 668 (State 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
State v. Public Employment Relations Board, 508 N.W.2d 668, 146 L.R.R.M. (BNA) 2357, 1993 Iowa Sup. LEXIS 249, 1993 WL 482330 (iowa 1993).

Opinions

SNELL, Justice.

In this administrative appeal, we are called upon by the State of Iowa, appellant, the Public Employment Relations Board (PERB), appellee, and the American Federation of State, County and Municipal Employees, Council 61 (AFSCME), intervenor-appel-[670]*670lee, to review five collective bargaining proposals and determine whether they are mandatory or permissive subjects of bargaining under Iowa Code chapter 20 (1991). The PERB issued rulings on the negotiability of seventeen contract proposals upon the petitions of the State of Iowa and AFSCME. The Polk County district court reviewed PERB’s rulings on eleven of these proposals. On appeal, we review the district court’s rulings on five of these proposals.

During negotiations on a two-yéar collective bargaining agreement, an array of disputes arose over the negotiability of seventeen contract proposals placed on the bargaining table by AFSCME. The State of Iowa (State) seeks review of the district court’s rulings on three of the disputed contract proposals — proposal numbers 7, 9, and 16. AFSCME seeks review, on cross-appeal, of proposal numbers 2 and 10. All of the proposals at issue deal with either the composition and operation of proposed labor/management committees or the subject matter of committee meetings.

The district court agreed with the PERB that proposals 2 and 10 were permissive subjects and proposals 7 and 9 were mandatory bargaining subjects. Proposal 16 was ruled a permissive subject by the PERB and mandatory by the district court. On appeal, we affirm in part and reverse in part.

I. Scope of Review.

Our review is governed by the provisions of Iowa Code section 17A.19 (1991). The issue before us is one of law. Although we give weight to the interpretation of the PERB, we are not bound thereby and make an independent determination of the meaning of the statutes. Iowa State Educ. Ass’n v. PERB, 269 N.W.2d 446, 447 (Iowa 1978); West Des Moines Educ. Ass’n v. PERB, 266 N.W.2d 118, 124-25 (Iowa 1978).

II. Nature of Proposals.

Proposal 2 concerns the establishment and operation of labor/management training committees at the Department of Corrections.. The proposed committee would meet to discuss and formulate recommendations “relating to training as it regards health and safety.” 1 The disputed portion of proposal 7 concerns leaves of absence for union representatives to attend labor/management meetings to discuss issues dealing with mandatory subjects of bargaining.2 Proposal 9 would require the employer and the union to discuss at labor/management meetings “disputes over the number of employees within each classification and work unit that may be on vacation at any given time.”3 Proposal 10 concerns leaves of absence for the local union president to attend labor/management committee meetings.4 Finally, proposal 16 calls [671]*671for the establishment and operation of two labor/management committees for the purpose of studying and making recommendations regarding “the wage pay grades of job classifications within the bargaining units.”5

III. Discussion of Laio.

Chapter 20 of the Iowa Code provides the statutory framework governing the rights of public employees to organize and collectively bargain as well as the rights of public employers with respect to the collective bargaining process. Specifically, section 20.7 outlines the rights of public employers in the collective bargaining process. Iowa Code § 20.7. Section 20.9 governs the scope of negotiable issues under the act. Iowa Code § 20.9.

In section 20.9, the legislature created two categories of negotiable subjects: mandatory subjects (the parties “shall” negotiate as to certain items) and permissive subjects (parties shall negotiate as to other items “mutually agreed upon”). See Iowa Code § 20.9; City of Fort Dodge v. PERB, 275 N.W.2d 393, 395 (Iowa 1979). In City of Fort Dodge, this court noted that the “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.

Section 20.9 sets forth a “laundry list” of mandatory subjects of negotiation. Iowa Code § 20.9. Section 20.9 reads in 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. Negotiations shall also include ... grievance procedures for resolving any questions arising under the agreement, which shall be embodied in a written agreement and signed by the parties.
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Nothing in this section shall diminish the authority and power of the department of personnel ... to recruit employees, prepare, conduct and grade examinations, rate candidates in order of their relative scores for certification for appointment or promotion or for other matters of classification, reclassification or appeal rights in the classified service of the public employer served.

Section 20.7, in contrast, grants certain “powers, duties, and rights” exclusively to public employers. Iowa Code § 20.7. It reads:

Public employers shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and the right to:
1. Direct the work of its public employees.
2. Hire, promote, demote, transfer, assign and retain public employees in positions within the public agency.
[672]*6723. Suspend or discharge public employees for proper cause.
4. Maintain the efficiency of governmental operations.
5. Relieve public employees from duties because of lack of work or for other legitimate reasons.
6.

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Bluebook (online)
508 N.W.2d 668, 146 L.R.R.M. (BNA) 2357, 1993 Iowa Sup. LEXIS 249, 1993 WL 482330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-public-employment-relations-board-iowa-1993.