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.

In another end run around the Iowa Senate confirmation process, Governor Kim Reynolds has named Cheryl Arnold to serve on Iowa’s Public Relations Board (PERB), which adjudicates labor disputes within state and local government or school districts.

The governor’s office has not publicly announced the nomination, and at this writing, the board’s website lists only one member (Erik Helland) on what Iowa law designates as a three-person board. Reynolds informed Secretary of the Iowa Senate Charlie Smithson about Arnold’s appointment in a letter dated August 15, which Smithson provided to Bleeding Heartland.

Arnold previously served as chair of the PERB for a little more than a year. She left the position after Iowa Senate Democrats voted against her nomination near the end of the 2020 legislative session. Appointments subject to Senate confirmation need a two-thirds vote for approval, giving Democrats the power to block nominations while in the minority.

For a second straight year, Governor Kim Reynolds has reappointed Erik Helland to Iowa’s Public Employment Relations Board (PERB) after Helland failed to win Iowa Senate confirmation. In an apparent effort to circumvent the legally required confirmation process, Reynolds appointed Helland to a different position on the three-member board, which adjudicates labor disputes within state and local government or school districts.

She used the same maneuver last summer to name Helland as PERB chair after the Iowa Senate did not confirm him during the 2021 legislative session.

The governor has not filled the now-vacant position of PERB chair, saying in a recent letter to the top Iowa Senate staffer that her administration “has initiated, but has not yet completed, the selection process.” That leaves the board with no quorum; Reynolds has kept one position unfilled since August 2020.

The long-running vacancy allows the governor’s preferred nominees to remain on the board, even if they don’t receive a two-thirds confirmation vote in the state Senate. Asked for comment on Helland’s reappointment, the Democratic senators who reviewed the PERB nominees accused the governor of “a partisan power grab” and “rigging the appointment process so she can get her way.”

Reynolds’ spokesperson Alex Murphy did not respond to eight inquiries about the PERB appointments between late May and July 28.

Governor Kim Reynolds has kept one of three positions on Iowa’s Public Employment Relations Board (PERB) vacant for more than a year, and since October has ensured the board operates with Republican members only.

By law, the board that handles public sector labor relations “shall consist of three members appointed by the governor,” of whom no more than two “shall be of the same political affiliation.” Reynolds has left one position unfilled since August 2020 and recently replaced Democrat Mary Gannon with Republican Jane Dufoe. She serves alongside Erik Helland, a longtime Republican and former state lawmaker.

The current situation runs counter to the spirit of PERB’s partisan balance requirement and potentially allows Reynolds to circumvent the Iowa Senate confirmation process, by shifting board members who are not confirmed to an open position.

In addition, state salary records show Reynolds’ GOP appointees to PERB immediately earned higher pay than Gannon, despite the Democrat’s years of experience. For decades, under Republican and Democratic governors, PERB members not chairing the board had received identical salaries.

The governor’s communications director Alex Murphy confirmed Dufoe’s party affiliation in September, then did not respond to eight follow-up inquiries about the PERB appointments over a three-month period.

The state broke Iowa law by refusing to negotiate in good faith when the Iowa Board of Regents delayed contract talks with unions representing University of Northern Iowa faculty and University of Iowa graduate students in late 2016 and early 2017, the Public Employment Relations Board determined in separate rulings last week.

Following the 2016 election, when it was clear Republicans would have total control of state government, United Faculty and the Campaign to Organize Graduate Students (COGS) attempted to negotiate new contracts for their members, following a bargaining schedule used in previous years.

But the governing body for Iowa’s state universities instructed its attorney not to engage in such talks until after GOP lawmakers and Governor Terry Branstad had eliminated most public employee bargaining rights under Iowa Code Chapter 20. Bruce Rastetter was the Regents president at the time. He didn’t seek reappointment by Branstad in 2017, as it was clear Iowa Senate Democrats would have blocked his confirmation.

Bruce Lear floats ideas on how to start repairing the damage from Iowa’s 2017 collective bargaining law, a “devastating step back in time” for public sector employees. -promoted by Laura Belin

It was a time of bell bottoms, shiny shirts, and men with shoulder-length hair. Disco was born, and Vietnam escalated. Nixon visited China; Americans loved the tv shows All in the Family, M*A*S*H, and Sanford and Son. It was America prior to 1974.