1. Negotiations. It is the obligation of the agricultural employer and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purposes of this chapter, the mutual obligation of the agricultural employer and the bargaining agent:
A. To meet at reasonable times; [1997, c. 472, §1 (NEW).]
B. To meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes, provided the parties have not otherwise agreed in a prior written contract; [1997, c. 472, §1 (NEW).]
C. To confer and negotiate in good faith with respect to wages, hours and other terms and conditions of employment, except that, by the mutual obligation, neither party may be compelled to agree to a proposal or be required to make a concession; [1997, c. 472, §1 (NEW).]
D. To execute in writing any agreements arrived at, the terms of which are subject to negotiation; and [1997, c. 472, §1 (NEW).]
E. To participate in good faith in the mediation and arbitration procedures required by this section. [1997, c. 472, §1 (NEW).]
Upon the filing by any person of a petition not earlier than the 90th day nor later than the 60th day preceding the expiration of the 12-month period following initial certification, the board shall determine whether an employer has bargained in good faith with the currently certified labor organization. If the board finds that the employer has not bargained in good faith, it may extend the certification for up to one additional year, effective immediately upon the expiration of the previous 12-month period following initial certification.
[ 1997, c. 472, §1 (NEW) .]
2. Mediation. This subsection governs the mediation of disputes between agricultural employers and agricultural employees.
A. It is the declared policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes subject to settlement through mediation. [1997, c. 472, §1 (NEW).]
B. Mediation procedures, as provided by section 965, subsection 2, must be followed when either party to a controversy requests mediation services prior to arbitration or upon motion of the board or the executive director. [1997, c. 472, §1 (NEW).]
C. The employer, labor organization or employees involved in collective bargaining shall notify the executive director, in writing, at least 30 days prior to the expiration of a contract or at least 30 days prior to entering into negotiations for a first contract between the employer and the employees, or when a dispute arises between the parties threatening interruption of work. [1997, c. 472, §1 (NEW).]
D. Any information disclosed by either party to a dispute to the Panel of Mediators, established pursuant to section 965, subsection 2, or any of its members in the performance of this subsection is privileged. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
3. Arbitration. When the parties are unable to reach an agreement on a contract, within 90 days from and including the date of their first meeting, either party may petition the board to initiate final and binding arbitration regarding all unresolved issues.
A. Upon receipt of the petition, the executive director shall issue an order requiring arbitration and requesting the parties to select one or more arbitrators. If the parties have not selected an arbitrator or an arbitration panel within 5 days after the issuance of the order, the board shall order each party to select one arbitrator within 5 days and, if the 2 arbitrators can not select a 3rd neutral arbitrator within 5 days, the board shall submit a list within 5 days from which the parties may alternately strike names until a single name is left, who the board shall appoint as arbitrator. The arbitration panel shall call a hearing to be held within 10 days after the date of appointment. In reaching a decision under this paragraph, the arbitration panel shall consider the following factors:
(1) A comparison between the wages, hours and working conditions of the employees involved in the arbitration proceeding with those of other employees who perform similar services in private employment in other jurisdictions competing in the same labor market and who are covered by a collective bargaining agreement with their employer;
(2) The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and any other benefits received;
(3) The overall compensation presently received by the nonbargaining unit employees of the employer and the employer's overall financial condition, including but not limited to sales, income and assets;
(4) Any other factors not included in subparagraphs (1) to (3) that are normally and traditionally taken into consideration in the determination of wages, hours and working conditions through voluntary collective bargaining, mediation arbitration or otherwise between the parties, or in private employment, including the average Consumer Price Index; and
(5) The need to establish fair and reasonable conditions in relation to job qualifications and responsibilities and the goal of promoting stability in the labor force and farm labor relations. [1997, c. 472, §1 (NEW).]
B. The determination by the arbitration panel on all issues is final and binding on the parties. [1997, c. 472, §1 (NEW).]
C. A hearing held pursuant to this subsection must be informal and the rules of evidence for judicial proceedings are not binding. Any documentary evidence and other information determined to be relevant by the arbitration panel may be received in evidence. The arbitration panel may administer oaths and require by subpoena attendance and testimony of witnesses and production of books, records and other evidence relating to the issues presented. The hearing must be concluded within 20 days of the date of commencement. [1997, c. 472, §1 (NEW).]
D. The arbitration panel shall submit the panel's report to the parties and the board within 30 days after the conclusion of the hearing, unless that time limitation is extended by the executive director. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
4. Costs. The costs for the services of the mediator and of the neutral arbitrator including per diem expenses, actual and necessary travel and subsistence expenses and the costs of hiring the premises where any mediation or arbitration proceedings are conducted must be shared equally by the parties to the proceedings provided that any party that intentionally and unreasonably prolongs the proceedings or causes excessive costs or expenses is responsible for excessive costs or expenses. All other costs are assumed by the party incurring them.
[ 1997, c. 472, §1 (NEW) .]
5. Arbitration administration. The cost for services rendered and expenses incurred by the State Board of Arbitration and Conciliation, as established in section 931, and any state cost allocation program charges are shared equally by the parties to the proceedings and paid into a nonlapsing special fund administered by the board. Authorization for services rendered and expenditures incurred by members of the State Board of Arbitration and Conciliation is the responsibility of the executive director. All costs are paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect these costs before providing the services. The executive director shall bill or reimburse the parties for any difference between the estimated costs that were collected and the actual costs of providing the services. When one party has paid its share of the estimated cost of providing the service, the matter is scheduled for hearing. A party that has not paid the estimated or actual cost of providing services within 60 days of the date the invoice for those costs was issued is, in the absence of good cause shown, liable for the amount of the invoice and a penalty of 25% of the amount of the invoice. Any penalty amount collected pursuant to this subsection remains in the special fund administered by the board. The executive director is authorized to collect any sums due and payable pursuant to this subsection through civil action. In such an action, the court must allow litigation costs, including court costs and reasonable attorney's fees, to be deposited into the General Fund if the executive director is the prevailing party in the action.
[ 1997, c. 472, §1 (NEW) .]
6. Termination and modification. This subsection governs termination and modification of collective-bargaining contracts between agricultural employers and agricultural employees.
A. When a collective-bargaining contract is in effect covering agricultural employees, the duty to bargain collectively also means that a party to the contract may not terminate or modify the contract unless the party desiring termination or modification:
(1) Serves written notice upon the other party to the contract of the proposed termination or modification not less than 60 days before the expiration date of the contract or, if the contract contains no expiration date, 60 days before the time it is proposed to make the termination or modification;
(2) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;
(3) Notifies the board within 30 days after notice of existence of a dispute, provided no agreement has been reached by that time; and
(4) Continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract, for a period of 60 days after the notice is given or until the expiration of the contract, whichever occurs later. [1997, c. 472, §1 (NEW).]
B. The duties imposed upon agricultural employers and labor organizations by paragraph A, subparagraphs (2) to (4) become inapplicable upon an intervening certification of the board that the labor organization or individual that is a party to the contract has been superseded as, or has ceased to be, the representative of the employees, subject to sections 1326 and 1327, and the duties so imposed may not be construed to require either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if the modification is to become effective before the terms and conditions can be reopened under the provisions of the contract. Any agricultural employee who engages in a strike within the 60-day period specified in this section loses status as an agricultural employee of the agricultural employer engaged in the particular labor dispute, for the purposes of sections 1324 and 1326 to 1329, but loss of status for that employee terminates if and when that employee is reemployed by the employer. [1997, c. 472, §1 (NEW).]
1. Negotiations. It is the obligation of the agricultural employer and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purposes of this chapter, the mutual obligation of the agricultural employer and the bargaining agent:
A. To meet at reasonable times; [1997, c. 472, §1 (NEW).]
B. To meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes, provided the parties have not otherwise agreed in a prior written contract; [1997, c. 472, §1 (NEW).]
C. To confer and negotiate in good faith with respect to wages, hours and other terms and conditions of employment, except that, by the mutual obligation, neither party may be compelled to agree to a proposal or be required to make a concession; [1997, c. 472, §1 (NEW).]
D. To execute in writing any agreements arrived at, the terms of which are subject to negotiation; and [1997, c. 472, §1 (NEW).]
E. To participate in good faith in the mediation and arbitration procedures required by this section. [1997, c. 472, §1 (NEW).]
Upon the filing by any person of a petition not earlier than the 90th day nor later than the 60th day preceding the expiration of the 12-month period following initial certification, the board shall determine whether an employer has bargained in good faith with the currently certified labor organization. If the board finds that the employer has not bargained in good faith, it may extend the certification for up to one additional year, effective immediately upon the expiration of the previous 12-month period following initial certification.
[ 1997, c. 472, §1 (NEW) .]
2. Mediation. This subsection governs the mediation of disputes between agricultural employers and agricultural employees.
A. It is the declared policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes subject to settlement through mediation. [1997, c. 472, §1 (NEW).]
B. Mediation procedures, as provided by section 965, subsection 2, must be followed when either party to a controversy requests mediation services prior to arbitration or upon motion of the board or the executive director. [1997, c. 472, §1 (NEW).]
C. The employer, labor organization or employees involved in collective bargaining shall notify the executive director, in writing, at least 30 days prior to the expiration of a contract or at least 30 days prior to entering into negotiations for a first contract between the employer and the employees, or when a dispute arises between the parties threatening interruption of work. [1997, c. 472, §1 (NEW).]
D. Any information disclosed by either party to a dispute to the Panel of Mediators, established pursuant to section 965, subsection 2, or any of its members in the performance of this subsection is privileged. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
3. Arbitration. When the parties are unable to reach an agreement on a contract, within 90 days from and including the date of their first meeting, either party may petition the board to initiate final and binding arbitration regarding all unresolved issues.
A. Upon receipt of the petition, the executive director shall issue an order requiring arbitration and requesting the parties to select one or more arbitrators. If the parties have not selected an arbitrator or an arbitration panel within 5 days after the issuance of the order, the board shall order each party to select one arbitrator within 5 days and, if the 2 arbitrators can not select a 3rd neutral arbitrator within 5 days, the board shall submit a list within 5 days from which the parties may alternately strike names until a single name is left, who the board shall appoint as arbitrator. The arbitration panel shall call a hearing to be held within 10 days after the date of appointment. In reaching a decision under this paragraph, the arbitration panel shall consider the following factors:
(1) A comparison between the wages, hours and working conditions of the employees involved in the arbitration proceeding with those of other employees who perform similar services in private employment in other jurisdictions competing in the same labor market and who are covered by a collective bargaining agreement with their employer;
(2) The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and any other benefits received;
(3) The overall compensation presently received by the nonbargaining unit employees of the employer and the employer's overall financial condition, including but not limited to sales, income and assets;
(4) Any other factors not included in subparagraphs (1) to (3) that are normally and traditionally taken into consideration in the determination of wages, hours and working conditions through voluntary collective bargaining, mediation arbitration or otherwise between the parties, or in private employment, including the average Consumer Price Index; and
(5) The need to establish fair and reasonable conditions in relation to job qualifications and responsibilities and the goal of promoting stability in the labor force and farm labor relations. [1997, c. 472, §1 (NEW).]
B. The determination by the arbitration panel on all issues is final and binding on the parties. [1997, c. 472, §1 (NEW).]
C. A hearing held pursuant to this subsection must be informal and the rules of evidence for judicial proceedings are not binding. Any documentary evidence and other information determined to be relevant by the arbitration panel may be received in evidence. The arbitration panel may administer oaths and require by subpoena attendance and testimony of witnesses and production of books, records and other evidence relating to the issues presented. The hearing must be concluded within 20 days of the date of commencement. [1997, c. 472, §1 (NEW).]
D. The arbitration panel shall submit the panel's report to the parties and the board within 30 days after the conclusion of the hearing, unless that time limitation is extended by the executive director. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
4. Costs. The costs for the services of the mediator and of the neutral arbitrator including per diem expenses, actual and necessary travel and subsistence expenses and the costs of hiring the premises where any mediation or arbitration proceedings are conducted must be shared equally by the parties to the proceedings provided that any party that intentionally and unreasonably prolongs the proceedings or causes excessive costs or expenses is responsible for excessive costs or expenses. All other costs are assumed by the party incurring them.
[ 1997, c. 472, §1 (NEW) .]
5. Arbitration administration. The cost for services rendered and expenses incurred by the State Board of Arbitration and Conciliation, as established in section 931, and any state cost allocation program charges are shared equally by the parties to the proceedings and paid into a nonlapsing special fund administered by the board. Authorization for services rendered and expenditures incurred by members of the State Board of Arbitration and Conciliation is the responsibility of the executive director. All costs are paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect these costs before providing the services. The executive director shall bill or reimburse the parties for any difference between the estimated costs that were collected and the actual costs of providing the services. When one party has paid its share of the estimated cost of providing the service, the matter is scheduled for hearing. A party that has not paid the estimated or actual cost of providing services within 60 days of the date the invoice for those costs was issued is, in the absence of good cause shown, liable for the amount of the invoice and a penalty of 25% of the amount of the invoice. Any penalty amount collected pursuant to this subsection remains in the special fund administered by the board. The executive director is authorized to collect any sums due and payable pursuant to this subsection through civil action. In such an action, the court must allow litigation costs, including court costs and reasonable attorney's fees, to be deposited into the General Fund if the executive director is the prevailing party in the action.
[ 1997, c. 472, §1 (NEW) .]
6. Termination and modification. This subsection governs termination and modification of collective-bargaining contracts between agricultural employers and agricultural employees.
A. When a collective-bargaining contract is in effect covering agricultural employees, the duty to bargain collectively also means that a party to the contract may not terminate or modify the contract unless the party desiring termination or modification:
(1) Serves written notice upon the other party to the contract of the proposed termination or modification not less than 60 days before the expiration date of the contract or, if the contract contains no expiration date, 60 days before the time it is proposed to make the termination or modification;
(2) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;
(3) Notifies the board within 30 days after notice of existence of a dispute, provided no agreement has been reached by that time; and
(4) Continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract, for a period of 60 days after the notice is given or until the expiration of the contract, whichever occurs later. [1997, c. 472, §1 (NEW).]
B. The duties imposed upon agricultural employers and labor organizations by paragraph A, subparagraphs (2) to (4) become inapplicable upon an intervening certification of the board that the labor organization or individual that is a party to the contract has been superseded as, or has ceased to be, the representative of the employees, subject to sections 1326 and 1327, and the duties so imposed may not be construed to require either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if the modification is to become effective before the terms and conditions can be reopened under the provisions of the contract. Any agricultural employee who engages in a strike within the 60-day period specified in this section loses status as an agricultural employee of the agricultural employer engaged in the particular labor dispute, for the purposes of sections 1324 and 1326 to 1329, but loss of status for that employee terminates if and when that employee is reemployed by the employer. [1997, c. 472, §1 (NEW).]
1. Negotiations. It is the obligation of the agricultural employer and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purposes of this chapter, the mutual obligation of the agricultural employer and the bargaining agent:
A. To meet at reasonable times; [1997, c. 472, §1 (NEW).]
B. To meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes, provided the parties have not otherwise agreed in a prior written contract; [1997, c. 472, §1 (NEW).]
C. To confer and negotiate in good faith with respect to wages, hours and other terms and conditions of employment, except that, by the mutual obligation, neither party may be compelled to agree to a proposal or be required to make a concession; [1997, c. 472, §1 (NEW).]
D. To execute in writing any agreements arrived at, the terms of which are subject to negotiation; and [1997, c. 472, §1 (NEW).]
E. To participate in good faith in the mediation and arbitration procedures required by this section. [1997, c. 472, §1 (NEW).]
Upon the filing by any person of a petition not earlier than the 90th day nor later than the 60th day preceding the expiration of the 12-month period following initial certification, the board shall determine whether an employer has bargained in good faith with the currently certified labor organization. If the board finds that the employer has not bargained in good faith, it may extend the certification for up to one additional year, effective immediately upon the expiration of the previous 12-month period following initial certification.
[ 1997, c. 472, §1 (NEW) .]
2. Mediation. This subsection governs the mediation of disputes between agricultural employers and agricultural employees.
A. It is the declared policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes subject to settlement through mediation. [1997, c. 472, §1 (NEW).]
B. Mediation procedures, as provided by section 965, subsection 2, must be followed when either party to a controversy requests mediation services prior to arbitration or upon motion of the board or the executive director. [1997, c. 472, §1 (NEW).]
C. The employer, labor organization or employees involved in collective bargaining shall notify the executive director, in writing, at least 30 days prior to the expiration of a contract or at least 30 days prior to entering into negotiations for a first contract between the employer and the employees, or when a dispute arises between the parties threatening interruption of work. [1997, c. 472, §1 (NEW).]
D. Any information disclosed by either party to a dispute to the Panel of Mediators, established pursuant to section 965, subsection 2, or any of its members in the performance of this subsection is privileged. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
3. Arbitration. When the parties are unable to reach an agreement on a contract, within 90 days from and including the date of their first meeting, either party may petition the board to initiate final and binding arbitration regarding all unresolved issues.
A. Upon receipt of the petition, the executive director shall issue an order requiring arbitration and requesting the parties to select one or more arbitrators. If the parties have not selected an arbitrator or an arbitration panel within 5 days after the issuance of the order, the board shall order each party to select one arbitrator within 5 days and, if the 2 arbitrators can not select a 3rd neutral arbitrator within 5 days, the board shall submit a list within 5 days from which the parties may alternately strike names until a single name is left, who the board shall appoint as arbitrator. The arbitration panel shall call a hearing to be held within 10 days after the date of appointment. In reaching a decision under this paragraph, the arbitration panel shall consider the following factors:
(1) A comparison between the wages, hours and working conditions of the employees involved in the arbitration proceeding with those of other employees who perform similar services in private employment in other jurisdictions competing in the same labor market and who are covered by a collective bargaining agreement with their employer;
(2) The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment and any other benefits received;
(3) The overall compensation presently received by the nonbargaining unit employees of the employer and the employer's overall financial condition, including but not limited to sales, income and assets;
(4) Any other factors not included in subparagraphs (1) to (3) that are normally and traditionally taken into consideration in the determination of wages, hours and working conditions through voluntary collective bargaining, mediation arbitration or otherwise between the parties, or in private employment, including the average Consumer Price Index; and
(5) The need to establish fair and reasonable conditions in relation to job qualifications and responsibilities and the goal of promoting stability in the labor force and farm labor relations. [1997, c. 472, §1 (NEW).]
B. The determination by the arbitration panel on all issues is final and binding on the parties. [1997, c. 472, §1 (NEW).]
C. A hearing held pursuant to this subsection must be informal and the rules of evidence for judicial proceedings are not binding. Any documentary evidence and other information determined to be relevant by the arbitration panel may be received in evidence. The arbitration panel may administer oaths and require by subpoena attendance and testimony of witnesses and production of books, records and other evidence relating to the issues presented. The hearing must be concluded within 20 days of the date of commencement. [1997, c. 472, §1 (NEW).]
D. The arbitration panel shall submit the panel's report to the parties and the board within 30 days after the conclusion of the hearing, unless that time limitation is extended by the executive director. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
4. Costs. The costs for the services of the mediator and of the neutral arbitrator including per diem expenses, actual and necessary travel and subsistence expenses and the costs of hiring the premises where any mediation or arbitration proceedings are conducted must be shared equally by the parties to the proceedings provided that any party that intentionally and unreasonably prolongs the proceedings or causes excessive costs or expenses is responsible for excessive costs or expenses. All other costs are assumed by the party incurring them.
[ 1997, c. 472, §1 (NEW) .]
5. Arbitration administration. The cost for services rendered and expenses incurred by the State Board of Arbitration and Conciliation, as established in section 931, and any state cost allocation program charges are shared equally by the parties to the proceedings and paid into a nonlapsing special fund administered by the board. Authorization for services rendered and expenditures incurred by members of the State Board of Arbitration and Conciliation is the responsibility of the executive director. All costs are paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect these costs before providing the services. The executive director shall bill or reimburse the parties for any difference between the estimated costs that were collected and the actual costs of providing the services. When one party has paid its share of the estimated cost of providing the service, the matter is scheduled for hearing. A party that has not paid the estimated or actual cost of providing services within 60 days of the date the invoice for those costs was issued is, in the absence of good cause shown, liable for the amount of the invoice and a penalty of 25% of the amount of the invoice. Any penalty amount collected pursuant to this subsection remains in the special fund administered by the board. The executive director is authorized to collect any sums due and payable pursuant to this subsection through civil action. In such an action, the court must allow litigation costs, including court costs and reasonable attorney's fees, to be deposited into the General Fund if the executive director is the prevailing party in the action.
[ 1997, c. 472, §1 (NEW) .]
6. Termination and modification. This subsection governs termination and modification of collective-bargaining contracts between agricultural employers and agricultural employees.
A. When a collective-bargaining contract is in effect covering agricultural employees, the duty to bargain collectively also means that a party to the contract may not terminate or modify the contract unless the party desiring termination or modification:
(1) Serves written notice upon the other party to the contract of the proposed termination or modification not less than 60 days before the expiration date of the contract or, if the contract contains no expiration date, 60 days before the time it is proposed to make the termination or modification;
(2) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;
(3) Notifies the board within 30 days after notice of existence of a dispute, provided no agreement has been reached by that time; and
(4) Continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract, for a period of 60 days after the notice is given or until the expiration of the contract, whichever occurs later. [1997, c. 472, §1 (NEW).]
B. The duties imposed upon agricultural employers and labor organizations by paragraph A, subparagraphs (2) to (4) become inapplicable upon an intervening certification of the board that the labor organization or individual that is a party to the contract has been superseded as, or has ceased to be, the representative of the employees, subject to sections 1326 and 1327, and the duties so imposed may not be construed to require either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if the modification is to become effective before the terms and conditions can be reopened under the provisions of the contract. Any agricultural employee who engages in a strike within the 60-day period specified in this section loses status as an agricultural employee of the agricultural employer engaged in the particular labor dispute, for the purposes of sections 1324 and 1326 to 1329, but loss of status for that employee terminates if and when that employee is reemployed by the employer. [1997, c. 472, §1 (NEW).]
