The largest labor union representing Iowa teachers and its Davenport affiliate filed a lawsuit yesterday challenging the constitutionality of House File 291, which eliminated almost all collective bargaining rights for teachers.
I enclose below the full text of the initial Polk County District Court filing. Scroll down to read comments Iowa State Education Association President Tammy Wawro delivered at a press conference, which you can watch here.
Like the lawsuit Iowa’s AFSCME chapter filed in February, the new lawsuit targets the unequal treatment of two classes of workers under the revised Chapter 20, which governed collective bargaining here for more than four decades. “Public safety” workers will be able to keep bargaining over a larger range of subjects, while other public employees can negotiate only about a handful of subjects, primarily base pay. ISEA maintains that this division violates Article I, Section 6 of the state constitution, which stipulates, “All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.”
In addition, the ISEA is challenging the law’s two biggest union-busting provisions: a ban on automatic payroll deduction for union membership and political contributions, and procedures that will make it harder for public unions to stay certified. ISEA holds that the payroll deduction ban also violates the uniformity clause of Article I, Section 6, because such deductions will be allowed for other professional associations or organizations. In addition, the lawsuit charges that by creating “an undemocratic election system” for unions representing public workers, which “counts votes based on population instead of number of votes cast,” the law violates the substantive due process guarantee of Article I, Section 9.
Attorney General Tom Miller is not defending the collective bargaining law, to “avoid any questions about a potential conflict.” The state retained the Belin McCormick law firm to handle legal challenges. At the end of this post, I enclose the motion filed to dismiss ASFCME’s lawsuit; the defense against ISEA’s suit will make the same arguments.