AFSCME Iowa Council 61 Initial Proposal December 30, 2020
AFSCME Iowa Council 61Initial ProposalDecember 30, 20202021[2019] - 2023[2021]COLLECTIVEBARGAININGAGREEMENTBETWEENTHE STATE OF IOWAANDTHE AMERICAN FEDERATION OF STATE,COUNTY AND MUNICIPALEMPLOYEES, COUNCIL 61 AFL-CIOMASTER CONTRACTfor the following bargaining unitsBLUE COLLARCLERICALCOMMUNITY CORRECTIONSEDUCATIONFISCAL & STAFFPATIENT CARESECURITYTECHNICALEffective: July 1, 2021[2019] through June 30, 2023[2021]Note: Throughout the course of these negotiations, the Unionreserves the right to add to, delete from and/or revise thisproposal.Note: All notations in the Collective Bargaining Agreement whichmake a reference to an Appendix needs to be reviewed mutuallyto ensure that the notations are appropriately placed in theCollective Bargaining Agreement.0
AFSCME Iowa Council 61Initial ProposalDecember 30, 2020ARTICLE IAGREEMENTThis Agreement made and entered into this 1st day of July 2021, atDes Moines, Iowa, pursuant to the provisions of Chapter 20 of theCode of Iowa, by and between the State of Iowa (hereinafterreferred to as the Employer) and the American Federation of State,County, and Municipal Employees, Iowa Public Employees Council 61,AFL-CIO (hereinafter referred to as the Union), and its appropriateaffiliated locals, as representatives of employees employed by theState of Iowa, as set forth specifically in Appendix A.ARTICLE IIRECOGNITION AND UNION SECURITYSection 1Bargaining UnitsA.The Employer recognizes the Union as the exclusive collectivebargaining agent for employees as certified by the Iowa PublicEmployment Relations Board (PERB) as set forth in Appendix A.The Employer will not, during the life of this Agreement, meetand negotiate with any group of employees or with any otheremployee organization with respect to terms and conditions ofemployment covered by this Agreement.B.Employees excluded from the bargaining unit are allemployees of the State of Iowa who are managerial, supervisory orconfidential, part-time or temporary employees who are employedfor four (4) months or less per fiscal year and who are scheduledfor less than an average of fifteen (15) hours per week, and allother employees specifically excluded by the provisions of Chapter20 of the Code of Iowa.C.Employees who are scheduled for an average of less than twenty(20) hours per week, but more than fifteen (15) hours perweek, will not be entitled to sick leave, holiday, vacation,and insurance benefits. However, where permanent part-timeemployees are currently receiving prorated benefits, suchbenefits shall be continued. In order to comply with payequity, all employees at their date of hire shall be paid inaccordance with collectively bargained pay schedules.1
AFSCME Iowa Council 61Initial ProposalDecember 30, 2020D.The Employer shall notify the Union prior to adding ordeleting classes in the classification plans. The Unionshall request a meeting within twenty (20) calendar daysfollowing receipt of the notice to review the proposedadditions and/or deletions. If no meeting is requested, theEmployer may proceed to implement the proposals. If theparties meet to review the additions and/or deletions, andif they are unable to reach agreement as to their inclusionor exclusion from the bargaining unit, they shall submit thedisputed class additions and/or deletions to PERB for finalresolution. (Board of Regents, see Appendix K)Section 2Bulletin BoardsA.The Union shall be allowed to utilize one-half (1/2) of thespace on existing bulletin boards customarily used for theposting of information to the employees in the Stateworkplace. It is understood that there shall be no pyramidingby the Union and that no more than one-half (1/2) of anyexisting bulletin boards shall be used by the Union regardlessof the number of bargaining units represented. This provisionshall not apply to bulletin boards customarily used for theposting of notices to students, patients or inmates at Stateinstitutions.B.No political campaign literature or material detrimental tothe Employer or the Union shall be posted.C.The Employer agrees that during working hours, without loss ofpay, and on the Employer’s premises, Union representativesshall be granted a reasonable amount of time for the purposeof posting Union notices on designated bulletin boards.Section 3Union LeaveA.Elected constitutional officers of the Union and/or itsaffiliated locals/chapters shall, upon written request of theUnion and/or its affiliated locals/chapters, be granted aleave of absence without pay for the term of office, not toexceed two (2) years. Appointed officials of the Union and/orits affiliated locals/chapters shall, upon written request ofthe Union and/or its affiliated locals/chapters, be granted aleave of absence without pay for the term of office, not toexceed two (2) years unless the absence of the employee wouldcause a substantial hardship on the operating efficiency ofthe employing unit.2
AFSCME Iowa Council 61Initial ProposalDecember 30, 2020The Employer agrees to provide the Union an explanation of whythe request constitutes a hardship. Grievances involving theissue of whether a substantial hardship does, in fact, existmay be appealed directly to arbitration pursuant to Article IVof this Agreement. Notwithstanding the above, elected orappointed officials of the Union and/or its affiliatedlocals/chapters may elect to take vacation or earnedcompensatory time in lieu of a leave of absence without pay.B.These same elected officers shall be released for monthlylocal/chapter meetings and quarterly Council 61 meetings underthe same rules as above. The employee will provide theemployee’s supervisor with ten (10) calendar days writtennotice for these meetings. A Union officer’s leave supersedesany other scheduled leave of bargaining unit members. Anyspecial meeting requiring less than ten (10) calendar daysnotice must be arranged through the Department ofAdministrative Services-Human Resources Enterprise (DAS-HRE).Union leave with less than ten (10) calendar days advancenotice shall be limited to ten (10) days per employee peryear.C.Upon the request of the President of AFSCME Iowa Council 61 tothe Chief Operating Officer of the Department ofAdministrative Services – Human Resources Enterprise,employees shall be granted a Union leave for other Unionactivities. Such leave(s) shall be limited to ninety (90)calendar days per person in each fiscal year. Pursuant tosubsection A of this Section, the leave may be denied if theabsence of the employee would cause a substantial hardship onthe operating efficiency of the employing unit.D.During Union leave without pay for thirty (30) calendar daysor less, employees shall continue to accrue sick leave andannual (vacation) leave and the Employer will continue to paythe Employer’s share of all insurances.3
AFSCME Iowa Council 61Initial ProposalDecember 30, 2020At the written request of the President of AFSCME Council 61,during periods of leave of thirty (30) calendar days or less,the Employer will continue to pay the employee’s wages so thatthe employee’s retirement contributions will be uninterrupted.The Employer shall submit a billing including the dates of theleave and the number of hours used to AFSCME within thirty(30) calendar days of the end of the pay period in which theleave occurred. The billing will include gross wages includingthe Employer’s share of retirement and federal payroll taxespaid during such periods of Union leave without pay. TheEmployer shall receive reimbursement from the Union withinthirty (30) calendar days following receipt of the Employer’sbilling.Failure to reimburse the Employer in accordance with thisprovision will nullify this subsection in its entirety for theperiod remaining in the term of this Agreement.Section 4Union Conventions and ConferencesA.Duly elected Union delegates or alternates to the annualconventions of AFSCME Iowa Council 61, AFL-CIO and the IowaFederation of Labor, AFL-CIO shall be granted time off withoutpay, not to exceed a total of ten (10) work days annually, toattend said conventions.B.Duly elected Union delegates or alternates to the biennialconvention of AFSCME International, AFL-CIO shall be grantedtime off without pay, not to exceed a total of ten (10) workdays, to attend said convention.C.Union representatives selected to attend Union conferencesshall be granted time off, without pay, not to exceed ten (10)work days annually, to attend said conferences.D.The Union shall give the Employer at least ten (10) work daysadvance notice of the employees who will be attending suchfunctions whenever possible. Time off taken pursuant to thisSection may be charged to vacation, earned compensatory time,or leave of absence without pay as the individual employee maydesignate.Section 5DiscriminationThe parties agree that their respective policies will not violateany bargaining unit member’s rights which are provided in thisAgreement because of Union or non-union affiliation.4
AFSCME Iowa Council 61Initial ProposalDecember 30, 2020Section 6Union Activity ProtectionA.Chapter 20 of the Code of Iowa provides that the Employer isprohibited from interfering with concerted Union activity, asset forth in Sections 20.10 (2) a-h of the Code of Iowa.B.Bargaining unit employees who allege a violation of theserights may elect to file charges pursuant to Section 20.10(2) of the Code of Iowa. In addition to the procedures setforth in the Code of Iowa, Section 20.11 and PublicEmployment Relations Board (PERB) Rules, Iowa AdministrativeCode 621-3, PERB shall, at the request of the parties andpursuant to this Agreement, provide an expedited procedurefor the resolution of alleged violations of subsection A ofthis Section. When one of the parties submits a request toutilize this expedited procedure, the other party shallagree or disagree in writing within fourteen (14) calendardays of its receipt of the request. The procedure shallprovide for an adjudicator designated by PERB to conduct ahearing and issue appropriate decisions and orders. Theadjudicator shall endeavor to issue such decisions andorders within thirty (30) days. If the bargaining unitemployee elects to utilize the expedited procedure, theparties to this Agreement agree that those procedures shallbe exclusive and that the adjudicator’s decision and ordershall be final and binding.Section 7Union VisitationUpon request, Union representatives will be allowed to meet withbargaining unit employees during the employees’ non-work time onthe Employer’s premises, provided suitable meeting facilities areavailable and practical.Section 8No ReprisalThe Employer shall not take reprisal action against an employeefor disclosure of information by that employee to a member of theGeneral Assembly, the Legislative Service Agency or therespective caucus staff of the General Assembly, or fordisclosure of information which the employee reasonably believesis evidence of a violation of law or rule, mismanagement, a grossabuse of funds, an abuse of authority, or a substantial andspecific danger to public health or safety.5
AFSCME Iowa Council 61Initial ProposalDecember 30, 2020Section 9Electronic CommunicationFor purposes of this section, the term “electronic communicationdevice” is defined to mean the Employer’s telephone, cellulartelephone, pager, facsimile machine, and the e-mail system.Only representatives of the Union whose names have been provided tothe Employer shall be permitted to use electronic communicationdevices subject to the following conditions:1.2.3.4.5.The amount of time used by the Union representative must bereasonable and must not unduly interfere with the performanceof the Union representative’s work duties.Communication is limited to the processing of grievances,matters pertaining to investigatory interviews,labor/management meetings, and other information normallyposted on Union bulletin boards.No political campaign literature or material detrimental tothe Employer will be transmitted by the Union representative.Employees who use electronic communication devices will beresponsible for payment of costs incurred by the Employerwhich are in addition to normal operating costs.Employer work rules and policies, not in conflict with thisSection, will apply.Nothing herein should be construed as creating restrictions onpreviously permitted uses or as authorizing use in locations whereuse is prohibited due to health, safety, confidential or securityreasons.Section 10New Employee OrientationThe Employer will notify the local Union President/Chapter Chairwithin fourteen (14) calendar days that a new employee has beenhired. The Employer will provide the name(s) and work location(s)of all new employee(s). One (1) representative of the local Unionshall be part of the Employer’s formal orientation and shall begranted up to thirty (30) minutes for Union orientation during theformal orientation for new employees either as a group or withindividuals. New employees who are members of the bargaining unitwill be required to attend the thirty (30) minute Union orientationin paid status. Non-bargaining unit employees will not be allowedto attend the Union orientation.6
AFSCME Iowa Council 61Initial ProposalDecember 30, 2020Where the Employer does not have a formal orientation program, theEmployer will notify the Local Union President/Chapter Chair,within fourteen (14) calendar days, that a new employee(s) has beenhired. The Employer will provide the name(s) and work location(s)of the new employee(s). The Employer will allow, as the Union mayelect, either up to thirty (30) minutes for Union orientation withthe new employee to be scheduled by the Employer within thirty (30)days of the date of hire, or the distribution to new employeesrepresented by the Union a packet of information material furnishedto the Employer by the local Union.The Employer retains the right to review materials provided for newemployees by the Union and refuse to distribute any politicalcampaign literature or material detrimental to the Employer.The Union representative shall be in pay status for the thirty(30) minute Union orientation only if the representative is onduty at the time the orientation is presented. No local Unionrepresentative shall receive overtime, call-back pay, etc., forparticipating in the employee orientation program while off duty.This does not supersede the current agreement on New EmployeeOrientation between the Union and the Department of Corrections.That agreement remains in effect.ARTICLE IIIMANAGEMENT RIGHTSConsistent with this Agreement, Management shall have, in additionto all powers, duties and rights established by constitutionalprovisions, statute, ordinance, charter or special act, theexclusive power, duty, and the right to:1.Direct the work of its employees.2.Hire, promote, demote, transfer, assign, and retain employeesin positions within its agencies.3.Suspend, discipline or discharge employees for proper cause.4.Maintain the efficiency of governmental operations.5.Relieve employees from duties because of lack of work or forother legitimate reasons.6.Determine and implement methods, means, assignments andpersonnel by which the Employer’s operations are to beconducted.7.Take such actions as may be necessary to carry out the missionof its agencies.8.Initiate, prepare, certify and administer its budget.7
AFSCME Iowa Council 61Initial ProposalDecember 30, 20209.Exercise all powers and duties granted to the Employer by law.ARTICLE IVGRIEVANCE PROCEDURESection 1DefinitionA.A grievance shall be a written complaint alleging a violationinvolving the application and interpretation of the provisionsof this Agreement.B.A grievance shall contain a statement of the grievance byindicating the issue(s) involved, the relief sought, the datethe incident(s) or violation(s) took place, if known, and thespecific Section or Sections of the Agreement involved. Thegrievance shall be presented to the Appointing Authority orhis/her designee, or the District Director or his/her designeefor CBC, on forms mutually agreed upon and furnished by theUnion, and signed and dated by the Union. The grievance formwill state the name of the employee(s) authorizing the filingof the grievance. An aggrieved employee shall have the rightto a Union representative appointed by the Union. If agrievance form lacks any of the information required by thissubsection, the grievance shall be returned to the Local UnionSteward who filed the grievance with a copy to the Union andthe Local Union with an explanation. The Local Union Stewardwill have seven (7) calendar days from the date of the readreceipt to resubmit the original grievance with the requiredinformation.C.Any bargaining unit employee shall have the right to meet andadjust his/her individual complaint with the Employer.D.The arbitration provisions of this Agreement may only beinvoked with the approval of the Union and, in the case of anemployee’s grievance, only with the approval of the employee.E.All grievances must be presented promptly and no later thanfourteen (14) calendar days from the date the grievant firstbecame aware of, or should have become aware of with theexercise of reasonable diligence, the cause of such grievance;however, under no circumstances shall a grievance beconsidered timely after six (6) months from the date ofoccurrence.8
AFSCME Iowa Council 61Initial ProposalDecember 30, 2020Section 2Grievance Steps(Board of Regents, see Appendix K; Community Based Corrections, seeAppendix Q)A.Step 1Within fourteen (14) calendar days of receipt of the writtengrievance from the employee or his/her Union representative,the Appointing Authority or his/her designee, or the DistrictDirector or his/her designee for CBC, will meet with theappropriate Union representative at a mutually agreed upontime and date (with or without the aggrieved employee) andattempt to resolve the grievance. A written answer will beplaced on the grievance following the meeting by theAppointing Authority or his/her designee, or the DistrictDirector or his/her designee for CBC, and returned to theemployee and the Union representative within fourteen (14)calendar days from receipt of the written grievance submittedto the Appointing Authority. Settlements at this step will benon-precedent setting unless designated otherwise.B.Step 2If dissatisfied with the Employer’s answer in Step 1, to beconsidered further, the grievance must be appealed byfacsimile transmission, regular U.S. mail, local mail(institutional, departmental or interdepartmental) or handdelivered to the Chief Operating Officer of DAS-HRE or theOfficer’s designee, or the District Director or his/herdesignee for CBC, within fourteen (14) calendar days fromreceipt of the answer in Step 1. Within forty-five (45)calendar days after the receipt of the appeal at Step 2, thedesignee of the Chief Operating Officer of DAS-HRE, or theDistrict Director or his/her designee for CBC, will meet withthe appropriate Union representative (with or without theaggrieved employee) and attempt to reach resolution of thegrievance. On grievances which do not involve discipline ordischarge, the parties will, where practicable and feasible,meet via a telephone conference. Within thirty (30) calendardays following this meeting, a written answer will be issuedand attached to the grievance by the Chief Operating Officerof DAS-HRE or the Chief Operating Officer’s designee, or theDistrict Director or his/her designee for CBC, anddepartmental or interdepartmental), hand-delivered, or e-mail(if the grievant provides an e-mail address). E-mails will beconsidered confidential personnel documents in accordance withIowa Code Section 22.7.9
AFSCME Iowa Council 61Initial ProposalDecember 30, 2020(Board of Regents, see Appendix K; Community Based Corrections,see Appendix Q)Note: Grievances filed under Article IV, Section 9 will beeligible to proceed to GRIP. All other grievances will beeligible to proceed to arbitration.C.Step 3 – Grievance
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