§89-10  Written agreements; enforceability;cost items.  (a)  Any collective bargaining agreement reached between theemployer and the exclusive representative shall be subject to ratification bythe employees concerned, except for an agreement reached pursuant to anarbitration decision.  Ratification is not required for other agreementseffective during the term of the collective bargaining agreement, whether asupplemental agreement, an agreement on reopened items, or a memorandum ofagreement, and any agreement to extend the term of the collective bargainingagreement.  The agreement shall be reduced to writing and executed by bothparties.  Except for cost items and any non-cost items that are tied to orbargained against cost items, all provisions in the agreement that are inconformance with this chapter, including a grievance procedure and an impasseprocedure culminating in an arbitration decision, shall be valid andenforceable and shall be effective as specified in the agreement, regardless ofthe requirements to submit cost items under this section and section 89-11.

(b)  All cost items shall be subject toappropriations by the appropriate legislative bodies.  The employer shallsubmit within ten days of the date on which the agreement is ratified by theemployees concerned all cost items contained therein to the appropriatelegislative bodies, except that if any cost items require appropriation by thestate legislature and it is not in session at the time, the cost items shall besubmitted for inclusion in the governor's next operating budget within ten daysafter the date on which the agreement is ratified.  The state legislature orthe legislative bodies of the counties acting in concert, as the case may be,may approve or reject the cost items submitted to them, as a whole.  If thestate legislature or the legislative body of any county rejects any of the costitems submitted to them, all cost items submitted shall be returned to theparties for further bargaining.

(c)  Because effective and orderly operationsof government are essential to the public, it is declared to be in the publicinterest that in the course of collective bargaining, the public employer andthe exclusive representative for each bargaining unit shall by mutual agreementinclude provisions in the collective bargaining agreement for that bargainingunit for an expiration date which will be on June 30th of an odd-numbered year.

The parties may include provisions forreopening during the term of a collective bargaining agreement; provided thatcost items as defined in section 89-2 shall be subject to the requirements ofthis section.

(d)  Whenever there is a conflict between thecollective bargaining agreement and any of the rules adopted by the employer,including civil service or other personnel policies, standards, and procedures,the terms of the agreement shall prevail; provided that the terms are notinconsistent with section 89-9(d).

Whenever there are provisions in a collectivebargaining agreement concerning a matter under chapter 76 or 78 that isnegotiable under chapter 89, the terms of the agreement shall prevail; providedthat the terms are not inconsistent with section 89-9(d). [L 1970, c 171, pt of§2; am L 1975, c 162, §2; am L 1988, c 399, §1; am L 2000, c 253, §99; am L2002, c 195, §1]

 

Attorney General Opinions

 

  Cost items that require new or additional appropriation andpositions that exceed the maximum position count must be submitted toLegislature.  Att. Gen. Op. 72-10.

  Legislature may reject cost items by failure to appropriatefunds or by concurrent resolution or other means indicating views of bothhouses.  Att. Gen. Op. 72-10.

  Legislature has power to pass law increasing salaries of oneunit of state employees, but it would be inconsistent with the collectivebargaining law to do so.  Att. Gen. Op. 74-6.

 

Case Notes

 

  In interpretation of a collective bargaining agreement,extrinsic evidence of past practices and past interpretations is proper.  60 H.513, 591 P.2d 621.