Iowa State Education Association and Davenport Education Association v. State of Iowa, Iowa Public Employment Relations Board
Iowa State Education Association and Davenport Education Association v. State of Iowa, Iowa Public Employment Relations Board
Opinion of the Court
This appeal, submitted with AFSCME Iowa Council 61 v. State ,
Our role is to decide whether constitutional lines were crossed, not to sit as a superlegislature rethinking policy choices of the elected branches. We conclude the 2017 amendments withstand the constitutional challenges. The parties agree the equal protection claims are reviewed under the deferential rational basis test. As more fully explained in AFSCME Iowa Council 61 , the legislature could reasonably conclude that the goal of keeping labor peace with unions comprised of at least thirty percent public safety employees, and the greater risks faced by police and firefighters, *14justified the classification. We hold the legislative classifications are not so overinclusive or underinclusive as to be unconstitutional under our court's rational basis test. For the reasons explained below, we also reject the plaintiffs' equal protection challenge to the prohibition on payroll deductions for union dues. Accordingly, we affirm the district court's summary judgment in favor of the defendants.
I. Background Facts and Proceedings.
In this case, we consider another challenge to House File 291 amending PERA, Iowa's collective bargaining statute, Iowa Code chapter 20. We discuss chapter 20 and House File 291's 2017 amendments in AFSCME Iowa Council 61 , 928 N.W.2d at ----, and do not repeat that discussion here.
The plaintiffs in this case, the Iowa State Education Association (ISEA) and the Davenport Education Association (DEA), are unions representing public school employees. The ISEA represents more than 30,000 members throughout the state, most of whom are public school teachers. The ISEA has 400 local associations that negotiate collective bargaining agreements with school districts in Iowa. The DEA represents the professional staff working for the Davenport Community School District. PERB has certified the DEA as the exclusive bargaining agent to represent those employees. The employees represented by the ISEA and the DEA are not "public safety employees" as defined in the 2017 amendments.
In April 2017, the ISEA and the DEA filed this civil action for declaratory and injunctive relief, alleging House File 291 violated article I, section 6 of the Iowa Constitution by denying equal treatment to the unions and the employees they represent.
The district court concluded that House File 291 passed rational basis scrutiny without violating article I, section 6 of the Iowa Constitution and, therefore, granted summary judgment in favor of the defendants. As to the differentiation between public safety employees and all other public employees, the district court concluded that the legislature gave public safety employees greater bargaining rights because of the potential risk to public safety if these employees went on strike and because, if other public employees went on strike, it would fall on public safety employees to enforce the law in the ensuing labor unrest. Because the district court relied on the strike-avoidance rationale, the court did not consider the State's other proffered rationale that the differentiation was also rationally based on the unique safety issues public safety employees face requiring expansive bargaining rights on topics like health insurance. As to payroll deductions, the district court accepted the fiscal responsibility goal advanced by the State, reasoning that the legislature could conclude "that collective bargaining is expensive, disruptive and not in the best interest of citizens" and there was no constitutional requirement to continue payroll deductions for union dues merely because payroll deductions for other organizations were permitted.
*15The ISEA and the DEA appealed, and we retained their appeal.
II. Scope of Review.
"We review summary judgment rulings for correction of errors at law." Baker v. City of Iowa City ,
We review constitutional claims de novo. State v. Groves ,
We review constitutional challenges to a statute de novo. In doing so, we must remember that statutes are cloaked with a presumption of constitutionality. The challenger bears a heavy burden, because it must prove the unconstitutionality beyond a reasonable doubt. Moreover, "the challenger must refute every reasonable basis upon which the statute could be found to be constitutional." Furthermore, if the statute is capable of being construed in more than one manner, one of which is constitutional, we must adopt that construction.
State v. Seering ,
III. Analysis.
The ISEA and the DEA make two constitutional challenges to House File 291. First, the plaintiffs argue that House File 291's two-class scheme of collective bargaining violates article I, section 6 of the Iowa Constitution. We address and reject this argument in the companion case filed today. AFSCME Iowa Council 61 , 928 N.W.2d at ----. In AFSCME , we concluded that the two-class bargaining scheme withstood rational basis scrutiny.
House File 291 prohibits public employers from administering payroll deductions for union dues and prohibits collective bargaining over payroll deductions for union dues. 2017 Iowa Acts ch. 2, §§ 6, 22 (codified at
Iowa's equal protection clause "is essentially a direction that all persons similarly situated should be treated alike." Varnum v. Brien ,
The plaintiffs concede that the elimination of payroll deductions for union dues does not infringe on their First Amendment rights. See, e.g. , Ysursa v. Pocatello Educ. Ass'n ,
"The rational basis test is a 'very deferential standard.' " NextEra Energy Res. LLC v. Iowa Utils. Bd. ,
We many times have said, and but weeks ago repeated, that rational-basis review in equal protection analysis "is not a license for courts to judge the wisdom, fairness, or logic of legislative choices." Nor does it authorize "the judiciary [to] sit as a superlegislature to judge the wisdom or desirability of legislative policy determinations made in areas that neither affect fundamental rights nor proceed along suspect lines." For these reasons, a classification neither involving fundamental rights nor proceeding along suspect lines is accorded a strong presumption of validity. Such a classification cannot run afoul of the Equal Protection Clause if there is a rational relationship between the disparity of treatment and some legitimate governmental purpose. Further, a legislature that creates these categories need not "actually articulate at any time the purpose or rationale supporting its classification." Instead, a classification "must be upheld against equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification."
A State, moreover, has no obligation to produce evidence to sustain the rationality of a statutory classification. "[A] legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data." A statute is presumed constitutional and "[t]he burden is on the one attacking the legislative arrangement to negative every conceivable basis which might support it," whether or not the basis has a foundation in the record. Finally, courts are compelled under rational-basis review to accept a legislature's generalizations even when there is an imperfect fit between means and ends. A classification does not fail rational-basis review because it "is not made with mathematical nicety or because in practice it results in some inequality." "The problems of government are practical ones and may justify, if they do not require, rough accommodations-illogical, it may be, and unscientific."
Baker ,
Our role is similarly limited under the Iowa Constitution. See *17Qwest Corp. v. Iowa State Bd. of Tax Review ,
We use a three-part rational basis analysis when reviewing challenges to a statute under article I, section 6 of the Iowa Constitution. "First, we must determine whether there was a valid, 'realistically conceivable' purpose that served a legitimate government interest." Residential & Agric. Advisory Comm., LLC v. Dyersville City Council ,
The plaintiffs argue that there is no realistically conceivable purpose for prohibiting the payroll deduction for union dues while still allowing payroll deductions for dues or contributions to other organizations. The plaintiffs contend administering payroll deductions imposes no burden on public employers who actually incur greater costs removing the deductions from their payroll systems. For that reason, the plaintiffs argue the payroll deduction prohibition cannot be supported on the stated objective of fiscal responsibility. The plaintiffs argue that the purpose of PERA supports allowing payroll deductions for union dues. See
Amicus, AFL-CIO, argues that payroll deductions were often of little consequence to employers and most employers readily agreed to these provisions. Amicus argues that this is because joining a union is voluntary, as was electing to have dues deducted from your paycheck, and employers were not required to pay an agency fee. Ultimately, the system allowed the employee the ability to direct where his or her money went. AFL-CIO argues that House File 291 is unconstitutional because it continues to allow employees to direct their wages to nonunion entities and activities while singling out unions, even if the employee has authorized the payroll deduction for his or her union dues. The purpose of the amendments, amicus argues, is to cripple the ability of employees to choose union representatives to advocate on their behalf.
*18The plaintiffs concede, as they must, that the State is not constitutionally required to provide payroll deductions at all. Rather, the plaintiffs contend that once the State allows voluntary payroll deductions for charitable contributions or dues for other professional organizations, the equal protection clause requires the State to also allow payroll deductions for union dues. Yet the plaintiffs and their amicus cite no decisions holding it is unconstitutional to disallow voluntary payroll deductions for union dues while allowing deductions for other organizations. To the contrary, the United States Supreme Court and other appellate courts have rejected equal protection challenges to enactments or policies eliminating payroll deductions for union dues while allowing payroll deductions for nonunion organizations. See Ysursa ,
The Iowa amendments eliminated payroll deductions for all public employee union dues. By contrast, the Wisconsin legislature eliminated payroll deductions for union dues for some public employees while allowing public safety employees to continue using automatic payroll deductions for their union dues. Unions challenged that classification as irrational and based on improper motivations and political favoritism. Wis. Educ. Ass'n Council v. Walker ,
The United States Court of Appeals for the Seventh Circuit squarely rejected political payback as a basis for an equal protection challenge to the enactment ending union payroll deductions.
As unfortunate as it may be, political favoritism is a frequent aspect of legislative action. We said as much in Hearne v. Board of Education ,185 F.3d 770 , 775 (7th Cir. 1999). There, members of the Chicago Teachers Union challenged on various constitutional grounds, including the Equal Protection Clause, an act of the Republican-dominated legislature that severely curtailed Chicago teachers' job security relative to teachers in other parts of the state.Id. at 773 . The unions argued, in part, that the Republican legislature retaliated against them for opposing *19Republicans in the previous election.Id. We candidly remarked, "there is no rule whereby legislation that otherwise passes the proper level of scrutiny ... becomes constitutionally defective because one of the reasons the legislators voted for it was to punish those who opposed them during an election campaign."Id. at 775 . We went further stating, "[i]ndeed one might think that this is what election campaigns are all about: candidates run a certain platform, political promises made in the campaign are kept (sometimes), and the winners get to write the laws ."Id. These sorts of decisions are left for the next election. Accordingly, we must resist the temptation to search for the legislature's motivation for the Act's classifications.
Id. at 654 (alteration in original) (emphasis added). The Seventh Circuit recognized it is not the court's role to redraw the legislative classification and held "the payroll dues prohibition survives rational basis review." Id. at 657.
The Wisconsin Supreme Court reached the same conclusion. Madison Teachers, Inc. v. Walker ,
As the district court correctly concluded, "The fiscal interests of the government are routinely accepted as a rational basis for legislative activity that is viewed as a cost-saving measure for the public." See Adams v. Fort Madison Cmty. Sch. Dist. ,
We hold the payroll deduction prohibition survives Iowa's rational basis review. See McQuistion ,
House File 291 reflects lawful policy choices by the legislature. The 2017 amendments did not infringe on a fundamental right of speech, association, or equal protection that could justify judicial intervention. The plaintiffs' remedy lies in the elected branches or at the ballot box. Walker ,
The applicability of rational-basis review is a strong signal that the issue is one for resolution by the democratic process rather than by the courts. This case is no exception. Public Act 53 proscribes the "use of public school resources" for collection of union dues, but does not bar other state or local employers from using their resources for that same purpose. SeeMich. Comp. Laws § 423.210 (1)(b). The question here is whether there is any conceivable legitimate interest in support of this classification. We hold that there is: the Legislature could have concluded that it is more important for the public schools to conserve their limited resources for their core mission than it is for other state and local employers. The plaintiffs' equal-protection claim therefore fails.
Bailey ,
IV. Conclusion.
For these reasons, we affirm the district court's summary judgment in favor of the defendants.
AFFIRMED.
All justices concur except Appel, J., Cady, C.J., and Wiggins, J., who concur in part and dissent in part.
The ISEA and the DEA also raised a due process challenge to House File 291's amendments to the bargaining representative certification and retention process, but they have chosen not to pursue this challenge on appeal.
The record does not show whether the unions lost revenue or members as a result of the prohibition on payroll deductions for union dues.
Concurring in Part
This case presents two issues. As discussed more fully in AFSCME v. State ,
The plaintiffs in this case also ask us to consider whether another aspect of House File 291, 2017 Iowa Acts ch. 2, §§ 6, 14, 22 (codified at
House File 291 prohibits public employers from administering payroll deduction for employee dues payments to any employee organization and forbids collective bargaining over the subject.
Why? The district court thought there might be money to be saved. But the record indicates that it would cost more money to remove the payroll deductions for ISEA and similar organizations than to *21just leave well enough alone. In short, the dues checkoff provision of the statute in fact imposes costs. If cost savings were the sole reason to support the statute's treatment of union dues checkoff, I would likely find it invalid.
However, the real purpose behind the action is obvious. The legislature intended not to save money, but to weaken unions by making it more difficult for them to collect dues. As a matter of policy, the legislature is free to promote, or hinder, the ability of public employee unions to engage in collective bargaining. The means chosen to make unionization of public employees more difficult-elimination of dues checkoff-rationally achieves that goal. There is no problem of overinclusiveness or underinclusiveness here. See LSCP, LLLP v. Kay-Decker ,
As pointed out by the union in this case, while the legislature sought to undercut unions in its approach to dues checkoff in House File 291, it did not repeal or amend Iowa Code section 20.1(1). That provision provides, "The general assembly declares that it is the public policy of the state to promote harmonious and cooperative relationships between government and its employees by permitting public employees to organize and bargain collectively ...."
Oftentimes, legislative expression of general goals of a statute can be helpful in interpreting ambiguous provisions of a statute. But the legislative language dealing with union dues checkoff is not ambiguous. It is quite clear. The union is not really arguing that Iowa Code section 20.1 should be used as an aid in statutory interpretation. What the union advances is a kind of legislative estoppel theory-having declared a general goal in the introductory language of a statute, the legislature cannot undermine that goal through subsequent legislative classifications.
But while a general prefatory provision of a statute may be used as a tool of statutory interpretation, such general language cannot be used to suspend or invalidate subsequent unambiguous legislation. And I do not think that use of general prefatory language in a statute prevents the legislature from enacting subsequent legislation that cuts against or limits that general purpose. It may be that the legislature is engaging in political messaging that some might find objectionable, namely, purporting to generally promote collective bargaining while enacting legislation specifically designed to undermine it. But that is a political problem, not a legal one.
For the above reasons, I concur on the issue of dues checkoff. I dissent on the classifications in House File 291 relating to "public safety employees."
Cady, C.J., and Wiggins, J., join this concurrence in part and dissent in part.
Reference
- Full Case Name
- IOWA STATE EDUCATION ASSOCIATION and Davenport Education Association, Appellants, v. STATE of Iowa, Iowa Public Employment Relations Board, Mike Cormack, Jamie Van Fossen, and Mary Gannon, Appellees.
- Cited By
- 7 cases
- Status
- Published