# AFSCME



Exclusive: Labor relations board shifts staff, cases to other agency. Is it legal?

Iowa’s Public Employment Relations Board (PERB) is transferring most of its staff and caseload to the state Department of Inspections and Appeals.

Since the mid-1970s, PERB members and administrative law judges have adjudicated labor disputes within state and local government or school districts. Following the changes, administrative law judges now working for PERB will handle other matters, while other employees at Inspections and Appeals will hear cases that were previously in PERB’s jurisdiction.

State officials have not announced the changes, which are scheduled to take effect on September 30. It’s not clear who initiated or authorized the plan. Staff in the governor’s office and Department of Inspections and Appeals did not respond to any of Bleeding Heartland’s inquiries over the past three weeks. PERB members Erik Helland and Cheryl Arnold likewise did not reply to several emails.

State Senator Nate Boulton, a Democrat with extensive experience as a labor attorney, has asked Attorney General Tom Miller for an official opinion on whether “it is an illegal shift of an essential PERB duty” to assign its responsibilities “to an unrelated state agency.”

Boulton also asked Miller to weigh in on the legality of Governor Kim Reynolds’ recent appointments to PERB. As Bleeding Heartland previously reported, Reynolds has circumvented the Senate confirmation process by keeping one of the three PERB positions unfilled, so she can name her preferred candidates to a vacant slot while the legislature is not in session.

Continue Reading...

Iowa governor offers state employees two-year pay freeze

At televised news conferences, Governor Kim Reynolds often expresses appreciation for Iowans “doing the right thing” and helping our state get through the COVID-19 pandemic.

Her gratitude apparently doesn’t extend to some 19,000 state employees, many of whom worked longer hours than ever this year, under extraordinary stress. The governor’s offer to nurses, university staff, corrections officers, and others represented by AFSCME Council 61: no raise for the two years beginning on July 1, 2021.

Continue Reading...

Iowa Republicans fail to uphold promises of Older Americans Act

Mike McCarthy is president of the Iowa Alliance for Retired Americans. -promoted by Laura Belin

President Lyndon Johnson signed the Older Americans Act into law on July 14, 1965. It responded to the need for community services, evidence-based health promotion, disease prevention programs, civic engagement, and elder justice for senior citizens. America’s seniors require a similar response to the COVID-19 pandemic.

The Iowa Alliance for Retired Americans believes that seniors must have relevant and accurate information about preventing and treating the coronavirus. Seniors and retirees are becoming more desperate looking for security and a cure. We should be able to trust President Donald Trump’s pronouncements. However, he repeatedly shows us that we cannot believe his statements.

Continue Reading...

Stacey Walker reluctantly rules out IA-Sen race

Linn County Supervisor Stacey Walker has ruled out running for U.S. Senate in 2020, he announced in a post published on his website on August 8. He made the “quite difficult decision” mainly because the Democratic primary “was already heavily skewed in favor of one candidate.”

I’ve read a lot of statements by politicians bowing out of a campaign. Few have spoken as frankly about their reasons as Walker.

Continue Reading...

Divided Iowa Supreme Court upholds collective bargaining law

“Our role is to decide whether constitutional lines were crossed, not to sit as a superlegislature rethinking policy choices of the elected branches,” four Iowa Supreme Court justices said today in two rulings that upheld the 2017 collective bargaining law.

The state’s two largest public employee labor unions, AFSCME Council 61 and the Iowa State Education Association, had challenged the law, which eliminated almost all bargaining rights for most public employees but preserved more rights for units containing at least 30 percent “public safety” employees. The ISEA also challenged a provision that banned payroll deduction for union dues.

Justice Thomas Waterman wrote for the majority in both cases, joined by the court’s three other most conservative judges: Edward Mansfield, Susan Christensen, and Christopher McDonald. His ruling upheld two Polk County District Court rulings in 2017.

Chief Justice Mark Cady and Justice Brent Appel dissented from the AFSCME decision, joined by Justice David Wiggins. Appel wrote a partial concurrence and partial dissent in the ISEA case, joined by Cady and Wiggins. They would have allowed the state to end payroll deductions for union dues but struck down the part of the law that gave more bargaining rights to some workers than others. They highlighted the statute’s “illogical” classification system, under which many who receive the expanded privileges are not themselves “public safety employees,” while others “with obvious public safety responsibilities” are excluded.

Had the late Justice Daryl Hecht been able to consider this case, these decisions would likely have gone 4-3 the other way. However, Hecht stepped down while battling melanoma in December, shortly before the court heard oral arguments. Governor Kim Reynolds appointed McDonald to fill the vacancy in February. Normally new justices do not participate in rulings when they were not present for oral arguments, but the court would have been deadlocked on these cases otherwise. So file this disappointing outcome for some 180,000 public employees under E for “elections have consequences.”

Continue Reading...
Page 1 Page 2 Page 3 Page 7