Iowa Code 20.10 – Prohibited practices
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1. It shall be a prohibited practice for any public employer, public employee, or employee organization to refuse to negotiate in good faith with respect to the scope of negotiations as defined in section 20.9.
Terms Used In Iowa Code 20.10
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the public employment relations board established under section 20. See Iowa Code 20.3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employee organization: means an organization of any kind in which public employees participate and which exists for the primary purpose of representing employees in their employment relations. See Iowa Code 20.3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Impasse: means the failure of a public employer and the employee organization to reach agreement in the course of negotiations. See Iowa Code 20.3
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Public employee: means any individual employed by a public employer, except individuals exempted under the provisions of section 20. See Iowa Code 20.3
- Public employer: means the state of Iowa, its boards, commissions, agencies, departments, and its political subdivisions including school districts and other special purpose districts. See Iowa Code 20.3
- Strike: means a public employee's refusal, in concerted action with others, to report to duty, or a willful absence from the employee's position, or a stoppage of work by the employee, or the employee's abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of public employment. See Iowa Code 20.3
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. It shall be a prohibited practice for a public employer or the employer’s designated representative to:
a. Interfere with, restrain, or coerce public employees in the exercise of rights granted by this chapter.
b. Dominate or interfere in the administration of any employee organization.
c. Encourage or discourage membership in any employee organization, committee, or association by discrimination in hiring, tenure, or other terms or conditions of employment.
d. Discharge or discriminate against a public employee because the employee has filed an affidavit, petition, or complaint or given any information or testimony under this chapter, or because the employee has formed, joined, or chosen to be represented by any employee organization.
e. Refuse to negotiate collectively with representatives of certified employee organizations as required in this chapter.
f. Deny the rights accompanying certification granted in this chapter.
g. Refuse to participate in good faith in any agreed upon impasse procedures or those set forth in this chapter.
h. Engage in a lockout.
3. It shall be a prohibited practice for public employees or an employee organization or for any person, union, or organization or their agents to:
a. Interfere with, restrain, coerce, or harass any public employee with respect to any of the employee’s rights under this chapter or in order to prevent or discourage the employee’s exercise of any such right, including, without limitation, all rights under section 20.8.
b. Interfere, restrain, or coerce a public employer with respect to rights granted in this chapter or with respect to selecting a representative for the purposes of negotiating collectively or the adjustment of grievances.
c. Refuse to bargain collectively with a public employer as required in this chapter.
d. Refuse to participate in good faith in any agreed upon impasse procedures or those set forth in this chapter.
e. Violate section 20.12.
f. Violate the provisions of sections 732.1 through 732.3, which are hereby made applicable to public employers, public employees, and employee organizations.
g. Picket in a manner which interferes with ingress and egress to the facilities of the public employer.
h. Engage in, initiate, sponsor, or support any picketing that is performed in support of a strike, work stoppage, boycott, or slowdown against a public employer.
i. Picket for any unlawful purpose.
j. Negotiate or attempt to negotiate directly with a member of the governing board of a public employer if the public employer has appointed or authorized a bargaining representative for the purpose of bargaining with the public employees or their representative, unless the member of the governing board is the designated bargaining representative of the public employer.
4. The expressing of any views, argument, or opinion, or the dissemination thereof, whether orally or in written, printed, graphic, or visual form, shall not constitute or be evidence of any prohibited practice under any of the provisions of this chapter, if such expression contains no threat of reprisal or force or promise of benefit.