## Facts

- The West Des Moines Education Association (teachers’ union) and the West Des Moines Community School District negotiated a collective-bargaining agreement under Iowa’s Public Employment Relations Act (PERA), Iowa Code ch. 20.
- Negotiations reached impasse and advanced to binding “final-offer” arbitration under Iowa Code § 20.22.
- All bargaining subjects were resolved except the “grievance procedure,” within which multiple components remained disputed.
- The Association sought a declaratory ruling from the Public Employment Relations Board (PERB) on whether each disputed component of the grievance procedure constituted a separate “impasse item,” or whether the grievance procedure as a whole was one impasse item.
- PERB ruled that “grievance procedure” is a single impasse item; the arbitrator must choose one party’s complete grievance-procedure proposal rather than selecting subparts from each.
- On judicial review, the district court reversed PERB and held the disputed components within the grievance procedure were separate impasse items.
- PERB appealed to the Iowa Supreme Court.

## Issues

1. Under Iowa Code § 20.22, when the only unresolved bargaining subject is the grievance procedure, is that subject a single “impasse item” for final-offer arbitration or may it be subdivided into multiple impasse items?
2. What weight should a court give PERB’s interpretation of PERA issued through a declaratory ruling under Iowa administrative law?

## Decision

- The Iowa Supreme Court reversed the district court and reinstated PERB’s declaratory ruling.
- The court held that the grievance procedure is treated as one impasse item for purposes of final-offer arbitration under § 20.22, even if multiple details within that procedure remain disputed.
- The arbitrator must select one party’s entire final offer on the grievance procedure, not resolve disputed components separately.

## Legal Principles

- Under Iowa Code § 20.22’s final-offer arbitration scheme, the arbitrator selects between the parties’ competing final offers on each impasse item, rather than crafting a compromise from elements of both proposals.
- For final-offer arbitration, an “impasse item” corresponds to the bargaining subject at impasse (e.g., grievance procedure), not each subsidiary dispute that may exist within that subject.
- Courts give respectful consideration to PERB’s reasonable interpretation of PERA and its impasse procedures, particularly where statutory language is ambiguous and the issue concerns the operation of the statutory framework.
- Treating an integrated contract mechanism like a grievance procedure as a unitary impasse item helps avoid internally inconsistent contract results and aligns with PERA’s aim of orderly resolution of public-sector bargaining disputes.

## Conclusion

The Iowa Supreme Court upheld PERB’s interpretation of PERA’s final-offer arbitration process, ruling that when the grievance procedure is the only unresolved subject, it is a single impasse item requiring the arbitrator to choose between the parties’ complete grievance-procedure proposals.


West Des Moines Educ. Ass’n v. Pub. Emp. Rels. Bd., 266 N.W.2d 118 (Iowa 1978)