The terms of a proposed collective bargaining
agreement shall be made public and reasonable
notice shall be given to the public employees
prior to a ratification election.
The
collective bargaining agreement shall become
effective only if ratified by a majority of
those voting by secret ballot.
Chapter 4, Code of Iowa governs construction of statutes in
this state. The rules of construction provided therein "shall be
observed, unless such construction would be inconsistent with the
manifest intent of the general assembly, or repugnant to the
context of the statute.^^
The Iowa Supreme Court has also
judicially determined rules of statutory construction. Section
20.17(4) of the Act has never been before the Board for
interpretation. Under such circumstances, it has been held that
"we are obliged to examine both the language used and the purpose
for which the legislation was enacted. "' An examination of the
statutory language and purpose does not lead to the conclusion that
IUP had a statutory duty to make the terms of the tentative
agreement public.
Under a literal reading of the provision in question, proposed
collective bargaining agreements are to be made public. However,
this duty, if one exists, has not been statutorily imposed on
certified employee organizations.
Indeed, had the legislature
%ection 4.1, Code of Iowa ( 1987 ) .
'~ilson v. Iowa City, 165 N.W.2d 813, 822 (Iowa 1969) (quoting
Dincnnan v. City of Council Bluffs, 249 Iowa 1121, 1126, 90
N.W.2d 742, 746). See, e.u.. West Des Moines Educ. Ass'n
v. PERB, 266 N.W.2d 118, 125 (Iowa 1978); N. Natural Gas
Co. v. Forst, 205 N.W.2d 692, 695 (Iowa 1973) (quoting
State v. Steenhoek, 182 N.W.2d 377, 379 (Iowa 1970).
