FAIR SHARE
LEGISLATION
A. The Need for the Legislation.
Current Iowa law prohibits a union, which is an exclusive collective bargaining representative, from negotiating the inclusion of a “fair share” clause into a collective bargaining agreement with an employer.
In addition, other laws require a union, which negotiates and administers collective bargaining agreements, to do so on behalf of all the employees covered by the contract without regard to their membership or non-membership in the union. But, because they do not pay union dues, nonmembers, who are covered by the contract, receive the services of the union and the benefits of the contract free.
The legislation permits unions and management to negotiate regarding the inclusion of a fair share clause in their collective bargaining agreement. The legislation does not mandate inclusion of a fair share clause in any collective bargaining agreement. As with any other bargaining proposal, if both the union and management agree to include a fair share clause in the contract, then it becomes operative. A fair share clause is treated in all respects in the same way as any other mandatory subject for collective bargaining.
By allowing fair share to be negotiated, the union has an opportunity – if it chooses to bargain about it and is successful in negotiations – to require that nonmembers pay their fair share of the costs to the union in securing and enforcing the benefits of the collective bargaining agreement.
B. In both the public and private sectors, the legislation:
1. Does not repeal Iowa’s “right-to-work” laws (Chapter 731 of the Code.)
2. Does not force any Iowa worker to join a union or prevent any worker from resigning membership in a union.
3. Does not allow any Iowa worker to be refused a job or discharged from a job because the worker either belongs to a union or does not belong to a union.
4. Does apply only to unions that are recognized as certified exclusive collective bargaining representatives. It does not apply to unorganized employers and employees.
5. Does allow a union that is recognized as the certified exclusive collective bargaining representative to negotiate a fair share clause into a collective bargaining agreement with an employer. A fair share clause requires employees covered by the contract either to join the union and pay union dues or to pay a fair share fee to the union.
6. Does not require a union that is recognized as a certified exclusive collective bargaining representative to negotiate for inclusion of a fair share clause into a collective bargaining agreement with an employer.
7. Does protect the rights of Iowa workers who have objections to joining a union or making any payments to a union on religious grounds.
8. Does not change existing law in regard to the “check-off” of union dues.
C. In private sector employment:
1. The legislation leaves the regulation of “fair share” clauses to existing federal law.
a. Under federal law, a worker, who fails to either join a union and pay union dues or pay a required fair share fee may be discharged for failure to do so, but only after being provided with actual notice of a default in payment and given a reasonable opportunity to cure the default.
b. Under the federal law, a worker, who is a nonmember of the union and who objects to the union’s calculation of the amount of the fair share fee is entitled to have a impartial decision-maker determine if the amount of the fair share fee is correct and to have returned any part of the fee, which the impartial decision-maker finds is improper.
D. In the public sector:
1. The legislation amends Sections 20.8 and 20.9 of the Code to permit public employee unions to negotiate a “fair share” clause into a collective bargaining agreement by making a “fair share” clause a mandatory subject of bargaining.
2. The legislation does not permit discharge of an Iowa public employee for failure either to join the union and pay union dues or to pay a fair share fee.
3. The legislation does require that the public employer deduct the fair share fee from the wages of nonmembers, who are in the bargaining unit represented by the union.
4. The legislation provides procedures similar to those in the private sector for nonmembers of the union to object to the calculation of the fair share fee by the union.