AFSCME Iowa Council 61 v. State of Iowa and Iowa Public Employment Relations Board
AFSCME Iowa Council 61 v. State of Iowa and Iowa Public Employment Relations Board
Opinion of the Court
This appeal, submitted with Iowa State Education Ass'n 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 plaintiffs concede there is no constitutional right to public-sector collective bargaining or payroll deductions. The parties agree the equal protection claims are reviewed under the rational basis test. 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 emergency first responders, justified the classification. We hold the legislative classifications are not so overinclusive or underinclusive as to be unconstitutional under our highly deferential standard of review. We further hold the amendments do not violate constitutional rights of freedom of association. Public employees remain free to belong to the same unions. Accordingly, we affirm the district court's summary judgment.
I. Background Facts and Proceedings.
We begin by reviewing the statute in place before the 2017 amendments to put the constitutional challenges in context.
Once employees selected a union, PERA required the union and public employer to bargain in good faith on these topics:
wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and safety matters, evaluation procedures, procedures for staff reduction, in-service training and other matters mutually agreed upon.
If a public employer and union were unable to reach an agreement on these mandatory topics, PERA established a procedure for resolving the impasse through mediation and binding arbitration.
a . Past collective bargaining contracts between the parties including the bargaining that led up to such contracts.
b . Comparison of wages, hours and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved.
c . The interests and welfare of the public, the ability of the public employer to finance economic adjustments and the effect of such adjustments on the normal standard of services.
d . The power of the public employer to levy taxes and appropriate funds for the conduct of its operations.
PERA imposed harsh penalties for engaging in strikes.
In February 2017, the Iowa legislature enacted House File 291, amending PERA. 2017 Iowa Acts ch. 2 (codified in part at Iowa Code ch. 20 (2018)). On February 17, the Governor signed House File 291 into law. The amendments altered the scope of mandatory collective bargaining and arbitration and eliminated payroll deductions for all union dues. See generally Iowa Code ch. 20.
Collective bargaining laws for public employees vary by state, with some states allowing collective bargaining rights for police and firefighters not shared by other public employees.
a . A sheriff's regular deputy.
b . A marshal or police officer of a city, township, or special-purpose district or authority who is a member of a paid police department.
c . A member, except a non-peace officer member, of the division of state patrol, narcotics enforcement, state fire marshal, or criminal investigation, including but not limited to a gaming enforcement officer, who has been duly appointed by the department of public safety in accordance with section 80.15.
d . A conservation officer or park ranger as authorized by section 456A.13.
e . A permanent or full-time fire fighter of a city, township, or special-purpose district or authority who is a member of a paid fire department.
f . A peace officer designated by the department of transportation under section 321.477 who is subject to mandated law enforcement training.
If a union represents a bargaining unit with at least thirty percent public safety employees, it may exercise broad bargaining rights on behalf of all of its members, including those who are not public safety employees.
wages, hours, vacations, insurance, holidays, leaves of absence, shift differentials, overtime compensation, supplemental pay, seniority, transfer procedures, job classifications, health and *29safety matters, evaluation procedures, procedures for staff reduction, in-service training, grievance procedures for resolving any questions arising under the agreement, and other matters mutually agreed upon.
In sharp contrast, for unions representing a bargaining unit with less than thirty percent public safety employees, House File 291 limited mandatory bargaining and, in the event of an impasse, mediation and arbitration, to the subject of "base wages and other matters mutually agreed upon."
During arbitration with a bargaining unit consisting of at least thirty percent public safety employees, the arbitrator considers most of the same factors as before the 2017 amendments. Compare
For all other public employee units, the arbitrator, in reaching a final decision, must consider
(1) Comparison of base wages, hours, and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved. To the extent adequate, applicable data is available, the arbitrator shall also compare base wages, hours, and conditions of employment of the involved public employees with those of private sector employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved.
(2) The interests and welfare of the public.
(3) The financial ability of the employer to meet the cost of an offer in light of the current economic conditions of the public employer. The arbitrator shall give substantial weight to evidence that the public employer's authority to utilize funds is restricted to special purposes or circumstances by state or federal law, rules, regulations, or grant requirements.
*30
(1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.
(2) The public employer's ability to fund an award through the increase or imposition of new taxes, fees, or charges, or to develop other sources of revenues.
Regardless of the makeup of the bargaining unit, the arbitrator must still determine the most reasonable offer.
House File 291 also eliminated the right of all public employees, including public safety employees, to bargain over union dues checkoffs and to pay union dues through payroll deductions.
The plaintiffs in this case are a public employee union and four of its members. Iowa Council 61 of the American Federation of State, County and Municipal Employees (AFSCME) represents public employees throughout Iowa. The individual plaintiffs, Johnathan Good, a corrections officer; Ryan De Vries, a police officer; Terra Kinney, a motor vehicle enforcement officer; and Susan Baker, a drafter, are public employees and members of AFSCME. All of AFSCME's bargaining units in Iowa are comprised of less than thirty percent public safety employees. House File 291 restricted collective bargaining rights for every AFSCME bargaining unit, including those with public safety employees.
In February 2017, the plaintiffs filed this civil action for declaratory and injunctive relief. The defendants, the State of Iowa and PERB, answered, and the parties filed cross-motions for summary judgment. The plaintiffs' motion for summary judgment argued House File 291 violates article I, section 6, the equal protection clause of the Iowa Constitution because it unconstitutionally deprives some public employees of rights guaranteed to other, similarly situated public employees. The plaintiffs also argued that House File 291 deprives all AFSCME-represented state public safety employees of the right to meaningful collective bargaining, violating their fundamental right to freedom of association, and the court should therefore evaluate the law under a strict scrutiny standard.
The district court denied the plaintiffs' motion for summary judgment and granted the defendants' motion for summary judgment. The court rejected the plaintiffs' freedom of association argument. With regard to the equal protection challenge, the court applied the rational basis test and ruled that House File 291 is constitutional. The court concluded that while the amendments distinguish between similarly situated people, the State's desire to avoid public safety employee strikes was a realistically conceivable purpose and was based in fact, and the relationship between the classification and the purpose was not so weak as to be viewed as arbitrary.
The plaintiffs appealed, and we retained their appeal.
II. Scope of Review.
"We review summary judgment rulings for correction of errors at law."
*31Baker 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 plaintiffs argue that House File 291 amendments to Iowa Code chapter 20 fail rational basis scrutiny under article I, section 6 of the equal protection clause of the Iowa Constitution. Additionally, the plaintiffs argue that the amendments violate their right to freedom of association. We address each challenge in turn.
A. Iowa's Equal Protection Analysis. The plaintiffs argue that the amendments to Iowa Code chapter 20 violate their right to equal protection under the Iowa Constitution because the defendants' asserted rationale is unsupported by the legislative facts and further because House File 291's extreme degrees of overinclusiveness and underinclusiveness render the amendments arbitrary. We conclude the plaintiffs' equal protection challenge fails because the plaintiffs cannot meet their burden of refuting every reasonable basis upon which the classification could be sustained.
Article I, section 6 of the Iowa Constitution is referred to as the equal protection clause and provides, "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." Iowa Const. art. I, § 6.
Iowa's equal protection clause "is essentially a direction that all persons similarly situated should be treated alike." Varnum v. Brien ,
Even in the zealous protection of the constitution's mandate of equal protection, courts must give respect to the legislative process and presume its enactments are constitutional. We understand that Iowa's tripartite system of government requires the legislature to make difficult policy choices, including distributing benefits and burdens amongst the citizens of Iowa. In this process, some classifications and barriers are inevitable. As a result, courts pay deference to legislative decisions when called upon to determine whether the Iowa Constitution's mandate of *32equality has been violated by legislative action. More specifically, when evaluating challenges based on the equal protection clause, our deference to legislative policy-making is primarily manifested in the level of scrutiny we apply to review legislative action.
To prove an equal protection violation, the plaintiffs must first establish that the statute treats similarly situated individuals differently. McQuistion v. City of Clinton ,
Here, House File 291 distinguishes first between public safety employees and all other public employees, and second between bargaining units comprised of at least thirty percent public safety employees and all other bargaining units. The parties agree that rational basis review applies to the plaintiffs' equal protection challenge.
"The rational basis test is a 'very deferential standard.' " NextEra Energy Res. LLC v. Iowa Utils. Bd. ,
As we noted in Varnum ,
The rational basis test defers to the legislature's prerogative to make policy decisions by requiring only a plausible policy justification, mere rationality of the facts underlying the decision and, again, a merely rational relationship between the classification and the policy justification.
"We will not declare something unconstitutional under the rational-basis test unless it 'clearly, palpably, and without doubt infringe[s] upon the constitution.' " Residential & Agric. Advisory Comm., LLC v. Dyersville City Council ,
We use a three-part analysis when reviewing challenges to a statute under article I, section 6. "First, we must determine whether there was a valid, 'realistically conceivable' purpose that served a legitimate government interest." Residential & Agric. Advisory Comm., LLC ,
"Legislative facts are relevant in deciding these constitutional issues because courts must normally analyze 'whether there exist circumstances which constitutionally either legitimate the exercise of legislative power or substantiate the rationality of the legislative product.' " Varnum ,
The plaintiffs ask that if we find House File 291 to be constitutional, we reevaluate our rational basis standard. The plaintiffs argue that courts should not be able to rely on unstated rationales in upholding a statute. We disagree. As the foregoing authorities make clear, we are not limited to considering only the facts stated on the record during a legislative debate.
Finally, "we evaluate whether the relationship between the classification and the purpose for the classification 'is so weak that the classification must be viewed as arbitrary.' " Residential & Agric. Advisory Comm., LLC ,
As we recently reiterated in unanimously rejecting a federal equal protection challenge, courts have only a limited role in rational basis review,
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."
Baker ,
Our role is similarly limited under the Iowa Constitution. See Qwest Corp. ,
The district court found that the valid, realistically conceivable purpose for House File 291 was a concern for labor peace, especially among public safety employees. The State also asserts that another purpose was the unique health and safety concerns public safety employees face. We consider each justification.
1. Labor peace rationale. The plaintiffs argue that House File 291's legislative history belies the labor peace justification because no one mentioned this justification during the recorded legislative debates as a reason for amending PERA. The plaintiffs also argue that House File 291's definition of public safety employees includes employees who would not be crucial to maintaining labor peace, such as park rangers, DOT motor vehicle enforcement officers, fire marshals, and gaming enforcement officers, while excluding employees who may be necessary to maintain peace during a strike, including university police officers and other emergency medical service providers. The plaintiffs note that police officers already routinely enforce laws against union members, neighbors, friends, and even other police officers. Finally, the plaintiffs argue that the labor peace rationale is belied by the fact that there has not been a strike since PERA was enacted in 1974.
The plaintiffs also argue that even if a labor peace rationale could support House File 291, the law is so overinclusive and underinclusive "it cannot [reasonably] be said to ... further that goal." LSCP, LLLP ,
The defendants argue that the thirty percent threshold is rational because the risk from labor unrest is materially greater in a unit with a larger percentage of public safety employees. The defendants argue this thirty percent threshold had another rationale, protecting the public fisc. The thirty percent threshold also provides greater assurance that in the event of labor unrest there would be a critical mass of public safety employees available to enforce the law and preserve public safety.
The defendants rely on Wisconsin Education Ass'n Council v. Walker , in which the United States Court of Appeals for the Seventh Circuit rejected a public employee challenge to recent amendments to the Wisconsin public collective bargaining statute.
[E]xperience has borne out the state's fears: in the wake of Act 10's proposal and passage, thousands descended on the state capital in protest and numerous teachers organized a sick-out through their unions, forcing schools to close, while the state avoided the large societal cost of immediate labor unrest among public safety employees. Wisconsin was free to determine that the costs of potential labor unrest exceeded the benefits of restricting the public safety unions.
The plaintiffs argue Walker is unpersuasive because Wisconsin's collective bargaining law is fundamentally different than Iowa's. The Wisconsin statute treats all safety employees alike, regardless of their unit placement, while restricting the bargaining rights of all general public employees. The Wisconsin statute also has less onerous antistrike penalties. Additionally, Wisconsin's statute was evaluated under a federal equal protection framework, while our court applies a more stringent rational basis "with teeth" standard of review.
We hold that maintaining labor peace is a valid, realistically conceivable purpose and has a basis in fact. The legislature could reasonably have found that giving public safety employees expanded bargaining rights would discourage them from engaging in strikes or sick-outs. It is true that there have been no strikes of public employees in Iowa since PERA was enacted in 1974. But it is also true that until 2017 there had never been legislation substantially curtailing the collective bargaining rights of Iowa public employees. Iowa legislators in 2017 could consider what happened several years earlier in Wisconsin to see that labor unrests and strikes may result when legislative amendments curtail public union bargaining rights. Wisconsin public employees staged mass protests in 2011, occupying the rotunda of the state capitol with great media fanfare. See Walker ,
The district court correctly concluded that Iowa legislators could take note of that Wisconsin experience. The district court also carefully considered Iowa's history of labor peace in the broader context of national developments.
Even assuming a strike is improbable, reasonable legislators could also be rationally concerned that public employees who experience a reduction in collective bargaining rights will be more likely to experience low morale and labor unrest. Labor unrest short of a strike could reasonably be considered by legislators to contribute to instability in the public sector workforce. Other jurisdictions have experienced incidents of civil disobedience through sickouts by public employees and "Blue Flu" by law enforcement in response to less desirable terms and conditions of employment.... The State cites numerous news articles about police officers in New York City, Memphis, Tennessee, Selma, Alabama and East Orange, New Jersey calling in sick in large numbers in order to protest issues such as unsafe conditions, low pay, and lack of benefits.
We agree with the district court that legislative facts readily available to Iowa lawmakers support concerns that labor unrest among police could undermine public *36safety, if not through strikes, then through reduced initiative or "blue flu." Historically, police officers in other states have used strategies such as the blue flu to protest labor conditions and policy changes. See generally Baker v. City of Detroit ,
Against that backdrop, Iowa legislators in 2017 could rationally decide to extend more beneficial negotiating rights to bargaining units comprised of at least thirty percent public safety employees. The public safety rationale need not be voiced during the floor debates over House File 291 or proven with evidence. See Qwest Corp. ,
The Fourth Circuit, in rejecting a constitutional challenge to legislation ending payroll deductions for union dues, aptly quoted Justice Scalia's warning against efforts to ascertain the subjective intent of a group of legislators.
[D]iscerning the subjective motivation of those enacting the statute is, to be honest, almost always an impossible task. The number of possible motivations, to begin with, is not binary, or indeed finite.... [The legislator] may have thought the bill would provide jobs for his district, or may have wanted to make amends with a faction of his party he had alienated on another vote, or he may have been a close friend of the bill's sponsor, or he may have been repaying a favor he owed the Majority Leader, or he may have hoped the Governor would appreciate his vote and make a fundraising appearance for him, or he may have been pressured to vote for a bill he disliked by a wealthy contributor or by a flood of constituent mail, or he may have been seeking favorable publicity, or he may have been reluctant to hurt the feelings of a loyal staff member who worked on the bill, or he may have been settling an old score with a legislator who opposed the bill, or he may have been mad at his wife who opposed the bill, or he may have been intoxicated and utterly un motivated when the vote was called, or he may have accidentally voted "yes" instead of "no," or, of course, he may have had (and very likely did have) a combination of some of the above and many other motivations. To look for the sole purpose of even a single legislator is *37probably to look for something that does not exist.
S.C. Educ. Ass'n v. Campbell ,
Our rational basis review is purposefully limited and does not include evidentiary fact-finding on the motives of individual legislators or validity of the labor peace rationale. Qwest Corp. ,
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 ,
We agree with the district court's well-reasoned ruling applying our court's three-part test.
Potential liability resulting from a reduction of public sector collective bargaining rights could reasonably create a rationally credible concern regarding the effectiveness of law enforcement in the event of an emergency. A reasonable legislature could rationally conclude it is necessary to preserve the rights of collective bargaining units of at least thirty percent Public Safety Employees [ (PSE) ] in order to preserve a reliable corps of law enforcement authorities to deal with emergencies. The legislature could rationally establish as a priority the preservation of a satisfied, well-trained and experienced corps of [PSE]. The purpose of the classification is realistically conceivable. It has a credible basis in fact. The relationship between the classification and the purpose of retaining a stable public safety force is not so weak as to be arbitrary.
Applying the rigorous rational basis test of [ article I, section 6 ] of the Iowa Constitution, the Court concludes AFSCME failed to negate every reasonable basis for the classification that might support disparate treatment between *38units thirty percent or more PSEs and units of less than thirty percent PSEs. There is a rational basis for this legislative classification. The presumption of constitutionality prevails. H.F. 291 does not violate the Equal Protection Clause of the Iowa Constitution.
(Citations omitted.) We affirm on that basis. We turn next to the health and safety rationale.
2. Health and safety rationale. The main rationale advanced during the legislative debates on House File 291 centered on the health and safety risks that public safety employees face on the job. Because of these risks, legislators determined that public safety employees should retain broader bargaining rights, including on topics directly relating to their health and safety, such as insurance. This rationale was not reached in the district court ruling, but provides another ground for upholding the classifications in House File 291.
We note that on November 2, 2016, just over three months before the enactment of House File 291, two police officers were fatally shot in their squad cars in Des Moines and Urbandale, respectively.
The plaintiffs argue House File 291 is impermissibly overinclusive and underinclusive and denies the expanded collective bargaining rights to many public safety employees who belong to a bargaining unit comprised of less than thirty percent public safety employees. The plaintiffs further argue that some public employees with public safety functions, such as corrections officers, university police, DOT road safety workers, and psychiatric aids, lack expanded bargaining rights under House File 291. The plaintiffs also argue that House File 291 arbitrarily grants certain public employees expanded bargaining rights because they are part of a public safety bargaining unit, even if they are not public safety employees. Finally, the plaintiffs argue that the topics over which public safety employee units are able to bargain is not limited solely to health and safety issues.
*39The defendants rely on the Seventh Circuit decision that rejected an equivalent challenge.
[W]e cannot, as the Unions request, determine precisely which occupations would jeopardize public safety with a strike. Even if we accept that Wisconsin imprudently characterized motor vehicle inspectors as public safety employees or the Capitol Police as general employees, invalidating the legislation on that ground would elevate the judiciary to the impermissible role of supra-legislature.... Distinguishing between public safety unions and general employee unions may have been a poor choice, but it is not unconstitutional.
Walker ,
Even if we agree with the Unions that Act 10 should have placed prison guards in the public safety category, "a legislature need not run the risk of losing an entire remedial scheme simply because it failed, through inadvertence or otherwise, to cover every evil that might conceivably have been attacked."
Id. at n.11 (quoting McDonald v. Bd. of Election Comm'rs ,
3. The thirty percent threshold. In our view, the foregoing authorities make clear the Iowa Constitution permits the State to treat public safety employees differently from other public employees and to treat bargaining units comprised of at least thirty percent public safety employees better than bargaining units with a smaller percentage. The plaintiffs nevertheless argue that the thirty percent threshold itself is unconstitutional, even if the labor peace and public safety rationales would permit preferential treatment of a bargaining unit comprised solely of public safety employees. The State responds that the legislative classifications reflect the current reality that local government bargaining units in Iowa happen to be comprised of a mix of public safety employees and other employees. The State notes it would be impractical to segregate for collective bargaining purposes public safety employees and other employees with different employers and unions. The plaintiffs fail to persuasively rebut the State's showing of the practical problems with interunit collective bargaining. Nor do the plaintiffs suggest a different, higher threshold that concededly passes constitutional muster. Ten percent? Forty percent? Ninety percent? Perhaps in plaintiffs' view preferential treatment can be allowed only for public safety employees isolated in their own bargaining unit with no one else, as in Wisconsin.
It is not the court's role under our separation of powers to redraw the legislature's chosen thirty percent threshold. The Seventh Circuit recognized that "[d]efining the class of persons subject to a regulatory requirement ... requires that some persons who have an almost equally strong claim to favored treatment be placed on different sides of the line ... [and this] is a matter for legislative, rather than judicial, consideration." Walker ,
We decline to second-guess the legislature's constitutional policy choices. We conclude that the plaintiffs have failed to meet their burden of negating every conceivable basis upon which House File 291 could be upheld. For that reason, plaintiffs' equal protection challenge fails.
B. Plaintiffs' Freedom of Association Claim. The plaintiffs claim that House File 291 unconstitutionally infringes on their right to associate with AFSCME. The plaintiffs argue that associating with the union of their choice is a fundamental right under the First Amendment and House File 291 is therefore subject to strict scrutiny. The district court correctly rejected this claim.
"The First Amendment embodies the freedom of association, the right to 'enter into and maintain certain intimate human relationships [without] undue intrusion by the State.' " Baker ,
[T]he constitutional shelter afforded such relationships reflects the realization that individuals draw much of their emotional enrichment from close ties with others. Protecting these relationships from unwarranted state interference therefore safeguards the ability independently to define one's identity that is central to any concept of liberty.
Roberts ,
Plaintiffs argue that public employees have a right to organize and join labor unions. See State v. Keul ,
The plaintiffs argue that House File 291 both intentionally and incidentally infringes on their fundamental right to associate with a union of their choice. AFSCME represents a number of state peace officers and firefighters excluded from the definition of public safety employee. Further, all AFSCME-represented *41bargaining units are comprised of less than thirty percent public safety employees and thus are excluded from bargaining over any matter other than base wage. For that reason, plaintiffs argue House File 291 infringes on a fundamental right and is subject to strict scrutiny review. Under strict scrutiny, "the statute will survive a constitutional challenge only if it is shown that the statute is narrowly drawn to serve a compelling state interest." City of Maquoketa v. Russell ,
We reiterate that the scope of collective bargaining rights of public employees "is a matter for the legislature, not the courts." State Bd. of Regents v. United Packing House Food & Allied Workers, Local No. 1258 ,
The Fourth Circuit rejected a claim that legislation ending payroll deductions for union dues violated associational rights. S.C. Educ. Ass'n ,
legislation does not prohibit, regulate, or restrict the right of the [union] or any other organization to associate, to solicit members, to express its views, to publish or disseminate material, to engage in political activities, or to affiliate or cooperate with other groups.
The plaintiffs charge that House File 291 "red circles" AFSCME-represented bargaining units.
The text of House File 291 is facially neutral. The plaintiffs offered no evidence that the thirty percent threshold was chosen to target AFSCME. As we have explained above, House File 291 survives rational basis review. House File 291 was enacted within the power of the general assembly. Accordingly, we will not inquire into the subjective motives of individual legislators, regardless of whether political payback inspired some of them.
The Sixth Circuit, in rejecting a constitutional challenge to a Michigan statute prohibiting public school employee payroll deductions for union dues, expressly declined to " 'peer[ ] past' the [statutory] text ... 'to infer some invidious legislative intention.' "
*42Bailey v. Callaghan ,
In upholding the Wisconsin enactment more broadly curtailing public employee collective bargaining rights, the Seventh Circuit squarely addressed the claim legislators were motivated by politic payback.
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 Republicans 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.
Walker,
The 2017 amendments do not infringe on a fundamental right of association. The plaintiffs "come to us with a problem suitable only for political solution." See Brown v. City of Lake Geneva ,
IV. Conclusion.
For these reasons, we affirm the district court's summary judgment in favor of the State and PERB.
AFFIRMED.
Mansfield, Christensen, and McDonald, JJ., join this opinion. Cady, C.J., files a dissenting opinion in which Wiggins, J., joins. Appel, J., files a separate dissenting opinion in which Cady, C.J., and Wiggins, J., join.
The plaintiffs do not challenge the payroll deduction prohibition, a provision we hold withstands constitutional scrutiny in Iowa State Education Ass'n , 928 N.W.2d at ----.
As of 2010, only one-half of the states had a comprehensive collective bargaining statute. See Marilyn Raskin-Ortiz & Emily Martin, Bargaining in States Without Public Sector Collective Bargaining Legislation , ABA Labor & Emp't Law Section Subcommittee Report, at 1 (2010) [hereinafter Raskin-Ortiz & Martin]. http://apps.americanbar.org/labor/slgbcomm/mw/papers/2010/home.shtml.
PERA defines unions as "employee organizations."
As of 2018, twenty-eight states require collective bargaining. Eric J. Brunner & Andrew Ju, State Collective Bargaining Laws and Public-Sector Pay , 72 ILR Rev. 480, 487 (2019) [hereinafter Brunner & Ju]. Fifteen states allow state employers to decide whether or not to collectively bargain.
Of the states that require or permit collective bargaining, Alabama, Delaware, Idaho, Kentucky, Oklahoma, Rhode Island, and Wyoming have separate bargaining rights for police officers and/or firefighters.
A 2010 report found that a number of states limit mandatory binding arbitration to certain classes of employees, including police and firefighters. See Raskin-Ortiz & Martin at 11-12 (noting Alaska, California, Illinois, Michigan, Montana, Nevada, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Washington, Wisconsin, and Wyoming limited compulsory arbitration to certain classes of employees including firefighters and/or police officers).
Kathy A. Bolten, Police 'Heartbroken' After Ambush Leaves 2 Des Moines-Area Officers Dead , Des Moines Reg. (last updated Nov. 3, 2016, 1:23 PM), https://www.desmoinesregister.com/story/news/2016/11/02/2-police-officers-killed-ambush-attacks/93155012/ [https://perma.cc/GC2R-ESTM].
Manny Fernandez et al., Five Dallas Officers Were Killed as Payback, Police Chief Says , N.Y. Times (July 8, 2016), https://www.nytimes.com/2016/07/09/us/dallas-police-shooting.html [https://perma.cc/45T9-2FEF].
Alan Blinder, The 3 Officers Killed in Baton Rouge , N.Y. Times (July 18, 2016), https://www.nytimes.com/2016/07/19/us/the-3-officers-killed-in-baton-rouge.html[https://perma.cc/8DXG-F8JJ].
Thomas Geyer & Amanda Hancock, Clinton Firefighter Killed, Another Seriously Injured While Battling Fire Saturday , Quad City Times (Jan. 5, 2019), https://qctimes.com/news/local/clinton-firefighter-killed-another-seriously-injured-while-battling-fire-saturday/article_9816ef7d-415c-531b-b258-497f14a09a8b.html [https://perma.cc/K2HY-XFFL].
Iowa public safety employees now in bargaining units below the thirty percent threshold may be able to vote with their feet and reorganize into a new bargaining unit to attain the preferential bargaining rights, as AFSCME's counsel acknowledged at oral argument.
Unlike Iowa, the Wisconsin statutory scheme separates public safety employees by occupation into their own statewide bargaining unit. See
The plaintiffs have not alleged that House File 291 is an unconstitutional bill of attainder. See U.S. Const. art. I, § 9, cl. 3 ("No Bill of Attainder ... shall be passed"); Iowa Const. art. I, § 21 ("No bill of attainder ... shall ever be passed."); Atwood v. Vilsack ,
Dissenting Opinion
I respectfully dissent and join the dissent by Justice Appel. I write separately to emphasize the important role of courts and how a statute that treats people differently *43must not only have a rational basis, but one that fits the statute. See Varnum v. Brien ,
The legislation at issue gives expansive collective bargaining rights to public safety employees, but very limited collective bargaining rights to other public employees. Our constitutional doctrine of equal protection recognizes that most all laws tend to discriminate in some way, so the focus of the analysis turns on whether the unequal treatment is properly justified. See NextEra Energy Res. LLC v. Iowa Utils. Bd. ,
The majority opinion finds a rational basis to justify the disparate treatment in this case from the special need to protect the public against the potential harm of labor unrest by public safety employees and to give special protection to public safety employees from the health and safety risks they face on the job. The premise is that public safety is a vital concern in Iowa and this concern supports special laws that give greater bargaining rights to public safety employees than other public employees to help keep them on the job, instead of engaging in strikes or becoming injured and unable to perform their jobs.
I agree with the conclusion in the majority opinion that the rational reasons identified are an adequate justification for disparate collective bargaining treatment among public employees. I also agree it is not the role of courts to find criticism of public policy based on disagreement over policy. Any such form of criticism, even implicit, has no place in the analysis by courts. Instead, the only role of the courts in the process is to decide if the discrimination is justified under the facts and circumstances.
In this case, the legislation offends our constitution. The problem with the law is not its purpose or justification to discriminate, but how the general assembly failed to apply this purpose in articulating the law. Instead of treating public employees differently by dividing them into one group of public safety employees and another group of other public employees, the general assembly passed a law giving different rights to public employees based on their membership in a collective bargaining agreement. The problem is that bargaining units in Iowa contain both public safety employees and other public employees. Thus, while the law purported to put public safety employees in a separate class based on a valid purpose, it created classifications by using bargaining units and permitted the bargaining units to contain up to seventy percent of persons who are not public safety employees. This means the statute enacted ended up giving many public employees rights of public safety employees and denied many public safety employees those rights.
This type of line drawing falls far too short of our constitution's demands. While line drawing can never be clean and can present a variety of obstacles, this case is not even close to a fair delineation. Moreover, there is simply no reason why the general assembly could not have drawn the lines to eliminate the unconstitutional distinctions. The law cannot purport to give needed special protection to one group of people and then allow that group to be populated by up to seventy percent of other people not included within the purpose.
*44This approach is a bad fit and destroys the justification for the law.
If the line drawing needed to accomplish the stated purpose in this case were difficult to do, as it can be in some cases, leeway would exist. But, in truth, there is no reason it cannot be done in this case. Constitutional lines are clearly available. A collective bargaining statute in Wisconsin is one such example. See Wis. Educ. Ass'n Council v. Walker,
The majority opinion relies on Walker as its authority to support the constitutionality of the Iowa statute. That reliance is misplaced. Walker involved a Wisconsin statute that gave broader collective bargaining agreements to those public employees designated as public safety employees based on the same rationale used in this case.
Accordingly, the Walker decision does not support the constitutionality of the statute in this case, and the majority opinion offers little more analysis. It only relies on the justification to discriminate and ignores the vast overinclusiveness and underinclusiveness of classifying employees based on membership in bargaining units. As a result, the Iowa statute ends up treating many similarly situated public employees in Iowa differently based solely on the bargaining unit they belong to and not for the reason the constitution would justify different treatment of public employees. Our constitution requires laws to treat similarly situated people equally unless there is an adequate reason otherwise. In this case, the overinclusiveness and underinclusiveness written into the statute drowned this reason out. Our constitutional form of government depends on courts to see it and demand better.
Wiggins, J., joins this dissent.
Dissenting Opinion
I. Introduction.
House File 291 is an odd statute. See 2017 Iowa Acts ch. 2, §§ 1, 6 (codified at
In my view, therefore, the law does not survive rational basis review under article I, section 6 of the Iowa Constitution. Accordingly, I respectfully dissent.
II. Overview of House File 291.
I begin with a discussion of the remarkable classification system created by the law. It identifies an oddball group of public employees and throws them into the burlap grab bag labeled "public safety employee[s]."
The identification of public safety employees is made not on the basis of an employee's duties or functions, but rather by the title an employee holds.
But then, it excludes employees with obvious public safety responsibilities. The grab bag has no room for university police who, just like other police officers, are law enforcement officers pursuant to Iowa Code chapter 80B, are trained and certified by the Iowa Law Enforcement Academy, and engage in law enforcement and emergency response alongside other city police officers.
As is evident, the statutory classification of public safety employees is obviously remarkably overinclusive and underinclusive. No one questions that. And no one questions that the overinclusiveness and underinclusiveness are among the features that make the classifications in House File 291 suspect.
I think it very doubtful that the classification of public safety employees makes much sense, but we are not done with the irrationalities of the statute. This is because classification as a public safety employee does not even determine whether a public employee gets the benefits of collective bargaining granted to some and denied others.
Under House File 291, full collective bargaining rights are provided to all state employees in bargaining units with at least thirty percent public safety employees.
And yet, once again, it is also underinclusive. What about a bargaining unit with twenty-nine percent public safety employees? Those public safety employees, along with their colleagues in the bargaining unit, are out in the cold. See
Thus, the set of public safety employees benefiting from the statute is doubly underinclusive. The definition of "public safety employees" is underinclusive, and then only some public safety employees are doled out benefits based solely on whether the employee happens to fall within a given type of bargaining unit.
What kind of statute is this? Notably, the parties have failed to identify a similar statute anywhere at any time. House File 291 is unlike the recent legislation passed in Wisconsin because, under the Wisconsin law, all those designated as public safety employees receive broader collective bargaining rights and all those who are not so designated do not receive those rights. See Wis. Educ. Ass'n Council v. Walker ,
III. Framework for Rational Basis Review.
Our approach to rational basis review is well-established. See LSCP, LLLP v. Kay-Decker ,
First, we identify the classes of similarly situated persons treated differently. LSCP ,
Next, we "examine the legitimacy of the end to be achieved." LSCP ,
Our review of the legitimacy of the end to be achieved is not toothless.
Third, we consider the relationship between the classification and the purpose of the classification. The fit between the means chosen by the legislature and its objective need not be perfect, but it must be rational. Id. at 859. "[W]e must consider whether the relationship between the classification ... and the purpose of the classification is so weak that the classification must be viewed as arbitrary." Id. at 860.
"Under the Iowa Constitution, we determine whether a classification rationally furthers a legitimate state interest by evaluating whether the classification features 'extreme degrees of overinclusion and underinclusion in relation to any particular goal.' " Id. at 861 (quoting Bierkamp v. Rogers ,
Of course, we have explained that rational basis review is a "very deferential standard." NextEra Energy Res. LLC v. Iowa Utils. Bd. ,
But "[t]he deference we afford the legislature's classifications 'is not, in and of itself, necessarily dispositive' under article I, section 6." LSCP ,
IV. Applying Iowa's Rational Basis Review.
A. The Statutory Classifications. As described above, House File 291 classifies public employees in multiple unusual ways. Among the public employees with safety responsibilities, it identifies some as public safety employees and omits others. 2017 Iowa Acts ch. 2, § 1 (codified at
Therefore, House File 291 treats many similarly situated persons differently. First, some public employees with safety responsibilities-like university police, airport firefighters, corrections officers, jailers, and emergency medical service providers-are similarly situated to other public employees with safety responsibilities *48yet treated differently. See
B. Examining Ends. The State has suggested two purposes for House File 291-labor peace and the health and safety of public safety employees. Neither provides a basis for sustaining this statute.
I begin with the purported purpose of labor peace. First, the historical record is striking. No one claims that there has ever been a strike of any public employees, let alone public safety employees, since the enactment of the Public Employment Relations Act over forty years ago. Further, no one claims that such a strike has been seriously threatened. The lack of any facts to support the asserted rationale is troubling.
Second, as plaintiffs point out, labor peace was not a rationale for the law asserted by any Iowa legislators during the floor debate. That is striking. If there was truly a risk to public safety that a strike by public safety employees would create, surely the legislators would have said so. The fact that avoiding strikes was not even mentioned in the debates further suggests a lack of basis in fact.
Third, for forty years, draconian sanctions have been in place in the event any public employee contemplated striking. The sanctions can include imprisonment for six months; daily individual fines of $500; daily union fines of $10,000; termination from employment and ineligibility for public employment for one year; decertification of union and one-year waiting period for recertification; injunctions; contempt; and "any other legal or equitable remedy or penalty."
In Iowa, we "examin[e] ... the credibility of the asserted factual basis for the challenged classification rather than simply accepting it at face value." LSCP ,
As an alternative, the State generally claims that the health and safety of certain endangered public employees could be a legitimate end for the law. No one questions the general proposition that promoting the health and safety of employees is a legitimate state interest. Of course, that generalization may be declared as supporting every statute. But to the extent House File 291 provides nebulous health and safety benefits apparently arising from robust collective bargaining rights, what is the rationale for denying those benefits to other public safety employees under the statute? It seems odd to suggest that some public safety employees are entitled to the health and safety benefits afforded by robust collective bargaining and benefits and others are not. Why, say, are park rangers entitled to the health and safety benefits of *49robust collective bargaining while corrections officers are not? While health and safety benefits may justify robust collective bargaining rights, that benefit is equally applicable to the excluded public safety employees.
C. Examining Means. I now turn to the question of whether there is a rational relationship between the purported goals of the statute and the means chosen by the legislature. For the reasons expressed below, I find it hard to see a rational relationship between the means chosen and the ends asserted.
If labor peace were the goal, why aren't corrections staff, or parole officers, or university police officers, or healthcare workers, provided the benefits of the statute? Other states deal with the potential of strikes in inclusive ways. See, e.g. , Cty. Sanitation Dist. No. 2 v. L.A. Cty. Emps. Ass'n ,
Conversely, is there anything in the record suggesting that public safety employees included in the House File 291 grab bag have threatened to strike? And if they have, have they threatened to strike more frequently or more intensively than the corrections officials and university police? Is there anything in the record suggesting that a strike by gaming enforcement officers would be a threat to public safety? And could it be of the same magnitude as a strike by the many police and fire departments left out in the cold by the thirty percent threshold? Moreover, is the danger of a strike by non-"public safety employees" in a favored bargaining unit somehow of such concern that they, too, need special bargaining rights? These questions, of course, must be answered in the negative, and reveal the arbitrariness and extreme overinclusion of the classifications if they are designed to ensure labor peace.
Most importantly, perhaps, is the absence of a rational connection between doling benefits and preventing strikes. Does the record, or any legislative facts, show that only some public safety employees-i.e., those in unions in which they comprise more than thirty percent of members-need special benefits to convince them not to break the law and strike? Or that, unless they are doled out special benefits, police officers in those units (and I guess gaming enforcement officers, park rangers, and DOT officers) will refuse to do their duty in the face of others breaking the law and striking? Are public safety employees in units in which they comprise less than thirty percent of members somehow better able to resist lawbreaking? Or are those public safety employees less important to public safety?
The classifications in House File 291 are arbitrary if the goal was labor peace. There is no relationship between the classifications, which feature extreme degrees of overinclusion and underinclusion, and labor peace. And the linchpin of the argument advanced in favor of the law-public safety employees might strike in the face of criminal penalty if they are not granted special status-is specious. In the face of such irrationality, I would not uphold the oddball classifications in House File 291.
I now turn to the question of whether the classifications in House File 291 may be supported as health and safety measures. In my view, the slicing and dicing in *50House File 291 bears no rational connection to protecting health and safety of public employees exposed to greater risks. In short, and as detailed below, the law confers privileges on some public employees and withholds them from others without regard to whether the persons actually face greater danger. It also does not consider whether the privileges are rationally related to protecting health and safety.
The legislature's choice of who may be allowed greater collective bargaining rights is grievously underinclusive towards achieving a goal of protecting health and safety of public employees exposed to danger. Why omit university police officers, corrections officers, jailers, emergency medical service providers, airport firefighters, and others from the category of public safety employees? 2017 Iowa Acts ch. 2, § 1 (codified at
Moreover, why prevent even some of the public safety employees from being able to attain the collective bargaining benefits that, purportedly, would protect their health and safety?
The statute, of course, is also overinclusive if the goal is to protect health and safety of those exposed to greater danger. Why allow supermajorities of non-"public safety employees" to access those benefits? See
Further, the limitations on bargaining applicable to the two groups are numerous, and in almost every respect, divorced from health and safety. For instance, House File 291 gives units with thirty percent public safety employees greater rights than other units in arbitrating over wages.
Similarly, House File 291 makes seven bargaining subjects mandatory in the case of units with thirty percent public safety employees and prohibited in the case of other units. These subjects are "insurance, leaves of absence for political activities, supplemental pay, transfer procedures, evaluation procedures, procedures for staff reduction, and subcontracting public services."
Indeed, House File 291 requires mandatory negotiation over seventeen specified subjects in collective bargaining with units comprised of at least thirty percent public safety employees.
*51The situation we face is not like that in Wisconsin. Unlike Wisconsin, as noted above, the Iowa law shuffles the public safety employees into some groups that are entitled to greater benefits and others which are not.
It seems to me that the extreme overinclusiveness and underinclusiveness of this statute is so striking that it does not pass constitutional muster under RACI principles.
V. Conclusion.
For the above reasons, I would reverse the judgment of the district court.
Cady, C.J., and Wiggins, J., join this dissent.
Some states decline to consider hypothetical justifications in considering equal protection claims brought under state constitutions. See State v. Russell ,
Reference
- Full Case Name
- AFSCME IOWA COUNCIL 61, Johnathan Good, Ryan De Vries, Terra Kinney, and Susan Baker, Appellants, v. STATE of Iowa and Iowa Public Employment Relations Board, Appellees.
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