contained in Rule 6.4 ( 20 ) l9
do not apply to proposed agreements
between the State and any bargaining unit of state employees,
20
there is no statutory requirement that ratification elections be
held by March 15th. Section 20.17 (10) of the Act provides that
"[tlhe neuotiation of a proposed collective bargaining agreement
by representatives of a state public employer and a state employee
organization shall be complete not later than March 15 of the year
when the agreement is to become effective." (emphasis added). The
Supreme Court of Iowa has held that statutory impasse procedures
(mediation, fact-finding, and arbitration) must be completed prior
to the certified budget
submission date for political
subdivisions. 21
It follows, therefore, that these impasse
procedures are deemed to be a part of the negotiation process.
a
Section 20.17(10) was enacted in recognition of the fact that "the
deadline of March 15 imposed on political subdivision negotiations
did not apply to the state because there is no certified budget
submission date for state agencies.""
I do not read Section
20.17(10) of the Act to require ratification of a tentative
agreement prior to March 15th. Accordingly, I find that IUP did
not violate Section 20.10 (3)
(a) of the Act by failing to ratify the
"621 Iowa Admin. Code, Section 6.4(20) (1986). This rule
provides that the ratification vote on a tentative
agreement must be held within 7 days of the date the
agreement is reached.
'O1owa United Professionals, 88 H.O. 3475.
''city
of Des Moines v. PERB, 275 N.W.2d 753 (1979).
