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Negotiability Issues

Negotiability Issues. Drafting Proposals That Pass The Test. Bad Start. Two Iowa Supreme Court cases in 1979. Charles City School District - Two prong test: In order to be mandatory, (1) topic must fall squarely within one of the listed mandatory topics and (2) bargaining not illegal.

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Negotiability Issues

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  1. Negotiability Issues Drafting Proposals That Pass The Test

  2. Bad Start • Two Iowa Supreme Court cases in 1979. • Charles City School District - Two prong test: In order to be mandatory, (1) topic must fall squarely within one of the listed mandatory topics and (2) bargaining not illegal. • City of Ft. Dodge – Mandatory topics of bargaining are narrowly construed.

  3. Narrowly Construed The Employer will reimburse employees for the actual cost of uniforms purchased by the employees.  The Employer will pay each employee the sum of $250 per year as a uniform allowance.  The Employer will provide employees with uniforms at no cost to the employees.

  4. Narrowly Construed Every employee shall receive a Christmas bonus of $500 on December 1 of each year of this contract. Employees who are required to testify in court on behalf of the City outside their regular hours of work, shall receive a minimum of three (3) hours pay. Employees who have been certified as first responders shall receive an additional $1.00 per hour added to their base pay.

  5. Narrowly Construed The Employer shall not involuntarily transfer employees. Employees will be selected for involuntary transfer on the basis of seniority. Employees who are involuntarily transferred shall receive an additional $1.00 per hour as “readjustment pay.”

  6. The Big Question • If a proposal relates to a mandatory topic of bargaining, but also limits one of the management rights list in Chapter 20, does that mean that it’s illegal? • Yes, no, maybe • Have to balance the union’s right to bargaining against management’s right to operate the agency.

  7. The Low Point • Iowa City Fire Fighters (1996) • Court considered two proposals relating to duty time… • Proposal 1: Divided the work day into “active duty time” and “ready time” and described the activities that fire fighters would perform in each time period. • Proposal 2: If management assigns “active duty” tasks during “ready time”, then fire fighter receives additional pay (25% premium).

  8. Finally… • Waterloo School District (2007) • Teachers traditionally teach 5 classes a day, have one free hour during the school day for “prep time”. District decided to require 6 classes a day, no extra compensation. • Teachers union proposes that if teachers teach more than 5 classes a day, they receive extra pay for the extra class.

  9. A Decision That Makes Sense. • Justice Appel, reviews the cases and rejects earlier standards, returns to Charles City two part test: Does it relate to a mandatory topic? Is it illegal? • No need to engage in a balancing test, the legislature did that already. • Almost every union proposal “impinges” on some management right. • “Impinging” does not make the proposal illegal.

  10. Lessons?

  11. #1 - Iowa City Fire Fighters • Evenings traditionally pretty relaxed time. • New chief wants to change that. Requires fire fighters to do training, take on-line classes, do physical fitness, etc. for 3 hours every evening. • How could you address this issue in bargaining?

  12. #2 – Court Appearance • The city is threatening to remove the current language that guarantees a 3 hour minimum for a court appearance, saying that language is permissive. • You know it probably is permissive. • How could you address the issue in bargaining?

  13. #3 – Short Staffing • City has decided to save some money by not replacing fire fighters who leave. • The workforce has declined by 10%, to an unsafe level. • The union has raised the issue with the chief and with the city council, but nothing has happened. • How could you address this issue in bargaining?

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