Iowa Code » Chapter 20 — PUBLIC EMPLOYMENT RELATIONS
Iowa Code

Iowa Code § 20.22 (2026)

Binding arbitration

✓ current as of July 2026
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1. If an impasse persists ten days after the mediator has been appointed, the board shall have the power, upon request of either party, to arrange for arbitration, which shall be binding. The request for arbitration shall be in writing and a copy of the request shall be served upon the other party.

2. Each party shall serve its final offer on each of the impasse items upon the other party within four days of the board’s receipt of the request for arbitration, or by a deadline otherwise agreed upon by the parties. The parties may continue to negotiate all offers until an agreement is reached or an award is rendered by the arbitrator. The full costs of arbitration under this section shall be shared equally by the parties to the dispute.

3. The submission of the impasse items to the arbitrator shall be limited to those items upon which the parties have not reached agreement. With respect to each such item, the arbitrator’s award shall be restricted to the final offers on each impasse item submitted by the parties to the arbitrator, except as provided in subsection 10, paragraph “b”.

4. Upon the filing of the request for arbitration, a list of five arbitrators shall be served upon the parties by the board. Within five days of service of the list, the parties shall determine by lot which party shall remove the first name from the list and the parties shall then alternately remove names from the list until the name of one person remains, who shall become the arbitrator. The parties shall immediately notify the board of their selection and the board shall notify the arbitrator. After consultation with the parties, the arbitrator shall set a time and place for an arbitration hearing.

5. The arbitrator shall at no time engage in an effort to mediate or otherwise settle the dispute in any manner other than that prescribed in this section. \n Tue Dec 09 22:32:26 2025 Iowa Code 2026, Chapter 20 (35, 0) 15 PUBLIC EMPLOYMENT RELATIONS (COLLECTIVE BARGAINING), §20.22\n\n 6. From the time the board notifies the arbitrator of the selection of the arbitrator until such time as the arbitrator’s selection on each impasse item is made, there shall be no discussion concerning recommendations for settlement of the dispute by the arbitrator with parties other than those who are direct parties to the dispute.

7. For an arbitration involving a bargaining unit that has at least thirty percent of members who are public safety employees, the arbitrator shall consider and specifically address in the arbitrator’s determination, in addition to any other relevant factors, the following factors:

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.

8. For an arbitration involving a bargaining unit that does not have at least thirty percent of members who are public safety employees, the following shall apply:

a. The arbitrator shall consider and specifically address in the arbitrator’s determination, in addition to any other relevant factors, the following factors:

(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.

b. The arbitrator shall not consider the following factors:

(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.

9. a. The arbitrator may administer oaths, examine witnesses and documents, take testimony and receive evidence, and issue subpoenas to compel the attendance of witnesses and the production of records. The arbitrator may petition the district court at the seat of government or of the county in which the hearing is held to enforce the order of the arbitrator compelling the attendance of witnesses and the production of records.

b. Except as required for purposes of the consideration of the factors specified in subsection 7, paragraphs “a” through “c”, and subsection 8, paragraph “a”, subparagraphs (1) through (3), the parties shall not introduce, and the arbitrator shall not accept or consider, any direct or indirect evidence regarding any subject excluded from negotiations pursuant to section 20.9.

10. a. The arbitrator shall select within fifteen days after the hearing the most reasonable offer, in the arbitrator’s judgment, of the final offers on each impasse item submitted by the parties.

b. (1) However, for an arbitration involving a bargaining unit that does not have at least thirty percent of members who are public safety employees, with respect to any increase in base wages, the arbitrator’s award shall not exceed the lesser of the following percentages in any one-year period in the duration of the bargaining agreement:

(a) Three percent.

(b) A percentage equal to the increase in the consumer price index for all urban consumers for the midwest region, if any, as determined by the United States department of labor, bureau of labor statistics, or a successor index. Such percentage shall be the change \n Tue Dec 09 22:32:26 2025 Iowa Code 2026, Chapter 20 (35, 0) §20.22, PUBLIC EMPLOYMENT RELATIONS (COLLECTIVE BARGAINING) 16\n\nin the consumer price index for the twelve-month period beginning eighteen months prior to the month in which the impasse item regarding base wages was submitted to the arbitrator and ending six months prior to the month in which the impasse item regarding base wages was submitted to the arbitrator. (2) To assist the parties in the preparation of their final offers on an impasse item regarding base wages, the board shall provide information to the parties regarding the change in the consumer price index for all urban consumers for the midwest region for any twelve-month period. The department of workforce development shall assist the board in preparing such information upon request.

11. The selections by the arbitrator and items agreed upon by the public employer and the employee organization, shall be deemed to be the collective bargaining agreement between the parties.

12. The determination of the arbitrator shall be final and binding subject to the provisions of section 20.17, subsection 6. The arbitrator shall give written explanation for the arbitrator’s selections and inform the parties of the decision. [C75, 77, 79, 81, §20.22] 2008 Acts, ch 1032, §201; 2010 Acts, ch 1165, §24 – 29; 2017 Acts, ch 2, §12, 13, 26, 27 Referred to in §20.17, 20.19 \n

Notes of Decisions
Cited in 17 cases, 1978–2019 · leading case: AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019).
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AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). · cites it 22× “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
Maquoketa Valley Cmty. Sch. Dist. v. Maquoketa Valley Educ. Ass'n, 279 N.W.2d 510 (Iowa 1979). · cites it 77× “Maquoketa Valley Community School District appeals from a district court judgment validating a collective bargaining arbitration decision rendered pursuant to section 20.22, The Code 1975. We reverse and remand.”
United Elec., Radio & Mach. Workers of Am. v. Iowa Pub. Emp. Relations Bd. & State of Iowa & Bd. of Regents, 928 N.W.2d 101 (Iowa 2019). · cites it 23× “Seeking to clarify the meaning of these provisions, a union sought a declaratory order from the Iowa Public Employment Relations Board (PERB) and then judicial review of the declaratory order. Both PERB and the district court ruled that "base wages" meant the "minimum (bottom)…”
Moravia Cmty. Sch. Dist. v. Moravia Educ. Ass'n, 460 N.W.2d 172 (Iowa Ct. App. 1990). · cites it 78× “The arbitration award resulted from impasse proceedings under the Public Employment Relations Act (PERA), see Iowa Code § 20.22 . The Public Employment Relations Board (PERB) seeks affirmance of the district court’s decision.”
West Des Moines Educ. Ass'n v. Pub. Emp. Relations Bd., 266 N.W.2d 118 (Iowa 1978). · cites it 10× “Section 20.22(11) makes clear the arbitrator may choose only one of three positions, that of either party or that of the fact-finder.”
AFSCME/Iowa Council 61 v. State, 484 N.W.2d 390 (Iowa 1992). · cites it 11× “Accordingly, as provided by Iowa Code section 20.22, the PERB arranged for arbitration between the State and each union.”
City of Des Moines v. Pub. Emp. Relations Bd., 275 N.W.2d 753 (Iowa 1979). · cites it 5× “The question presented is whether the Public Employment Relations Board has the statutory authority, under § 20.22, The Code, to order binding arbitration between a public employer and a certified employee organization under these conditions: (1) the public employer is a…”
Serv. Employees Int'l Union, Local 199 v. State of Iowa, Iowa Bd. of Regents, 928 N.W.2d 69 (Iowa 2019). · cites it 4× “See Iowa Code § 20.22 . 5 We will be giving the union a final offer in writing this week.”
City of Detroit v. Detroit Police Officers Ass'n, 294 N.W.2d 68 (Mich. 1980). · cites it 2× “…since the Dearborn decision include: Conn Gen Stat Ann, §§ 7-472 et seq., 10-153f; Hawaii Rev Stat, § 89-11; Iowa Code Ann, § 20.22; Mass Ann Laws, ch 150E, § 9; Mont Code Ann, §§ 39-34-101 et seq.; NJ Stat Ann, §§ 34:13A-16 et seq.; NY Civil Service Law (McKinney),…”
Iowa State Educ. Ass'n v. Pub. Emp. Relations Bd., 369 N.W.2d 793 (Iowa 1985). · cites it 12× “Iowa Code § 20.22 (12). To the extent the decision of the district court or the ruling of PERB permit a fact finder to recommend that a party to the impasse be denied this right, they are modified to conform with the views expressed in this opinion and otherwise affirmed.”
Westegard v. Davis Cnty. Cmty. Sch. Dist., 580 N.W.2d 726 (Iowa 1998). · cites it 7× “See Iowa Code § 20.22 . The arbitrator issued his award, selecting the final offer of the school district.”
Sergeant Bluff-Luton Educ. Ass'n v. Sergeant Bluff-Luton Cmty. Sch. Dist., 282 N.W.2d 144 (Iowa 1979). “See § 20.22(1). II. Scope of review of arbitrator’s award.”
Show all 17 citing cases →
— Iowa Code § 20.22(1) — 2 cases
Sergeant Bluff-Luton Educ. Ass'n v. Sergeant Bluff-Luton Cmty. Sch. Dist., 282 N.W.2d 144 (Iowa 1979). “See § 20.22(1). II. Scope of review of arbitrator’s award.”
Moravia Cmty. Sch. Dist. v. Moravia Educ. Ass'n, 460 N.W.2d 172 (Iowa Ct. App. 1990). “The arbitration award resulted from impasse proceedings under the Public Employment Relations Act (PERA), see Iowa Code § 20.22 . The Public Employment Relations Board (PERB) seeks affirmance of the district court’s decision.”
— Iowa Code § 20.22(10) — 2 cases
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
United Elec., Radio & Mach. Workers of Am. v. Iowa Pub. Emp. Relations Bd. & State of Iowa & Bd. of Regents, 928 N.W.2d 101 (Iowa 2019). “Seeking to clarify the meaning of these provisions, a union sought a declaratory order from the Iowa Public Employment Relations Board (PERB) and then judicial review of the declaratory order. Both PERB and the district court ruled that "base wages" meant the "minimum (bottom)…”
— Iowa Code § 20.22(10)(a) — 2 cases
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd. (Iowa 2019).
— Iowa Code § 20.22(10)(b)(1) — 2 cases
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd. (Iowa 2019).
— Iowa Code § 20.22(11) — 6 cases
Maquoketa Valley Cmty. Sch. Dist. v. Maquoketa Valley Educ. Ass'n, 279 N.W.2d 510 (Iowa 1979). “Maquoketa Valley Community School District appeals from a district court judgment validating a collective bargaining arbitration decision rendered pursuant to section 20.22, The Code 1975. We reverse and remand.”
Moravia Cmty. Sch. Dist. v. Moravia Educ. Ass'n, 460 N.W.2d 172 (Iowa Ct. App. 1990). “The arbitration award resulted from impasse proceedings under the Public Employment Relations Act (PERA), see Iowa Code § 20.22 . The Public Employment Relations Board (PERB) seeks affirmance of the district court’s decision.”
West Des Moines Educ. Ass'n v. Pub. Emp. Relations Bd., 266 N.W.2d 118 (Iowa 1978). “Section 20.22(11) makes clear the arbitrator may choose only one of three positions, that of either party or that of the fact-finder.”
AFSCME/Iowa Council 61 v. State, 484 N.W.2d 390 (Iowa 1992). “Accordingly, as provided by Iowa Code section 20.22, the PERB arranged for arbitration between the State and each union.”
Iowa State Educ. Ass'n v. Pub. Emp. Relations Bd., 369 N.W.2d 793 (Iowa 1985). “Iowa Code § 20.22 (12). To the extent the decision of the district court or the ruling of PERB permit a fact finder to recommend that a party to the impasse be denied this right, they are modified to conform with the views expressed in this opinion and otherwise affirmed.”
— Iowa Code § 20.22(12) — 3 cases
AFSCME/Iowa Council 61 v. State, 484 N.W.2d 390 (Iowa 1992). “Accordingly, as provided by Iowa Code section 20.22, the PERB arranged for arbitration between the State and each union.”
Iowa State Educ. Ass'n v. Pub. Emp. Relations Bd., 369 N.W.2d 793 (Iowa 1985). “Iowa Code § 20.22 (12). To the extent the decision of the district court or the ruling of PERB permit a fact finder to recommend that a party to the impasse be denied this right, they are modified to conform with the views expressed in this opinion and otherwise affirmed.”
Westegard v. Davis Cnty. Cmty. Sch. Dist., 580 N.W.2d 726 (Iowa 1998). “See Iowa Code § 20.22 . The arbitrator issued his award, selecting the final offer of the school district.”
— Iowa Code § 20.22(13) — 3 cases
Maquoketa Valley Cmty. Sch. Dist. v. Maquoketa Valley Educ. Ass'n, 279 N.W.2d 510 (Iowa 1979). “Maquoketa Valley Community School District appeals from a district court judgment validating a collective bargaining arbitration decision rendered pursuant to section 20.22, The Code 1975. We reverse and remand.”
Moravia Cmty. Sch. Dist. v. Moravia Educ. Ass'n, 460 N.W.2d 172 (Iowa Ct. App. 1990). “The arbitration award resulted from impasse proceedings under the Public Employment Relations Act (PERA), see Iowa Code § 20.22 . The Public Employment Relations Board (PERB) seeks affirmance of the district court’s decision.”
AFSCME/Iowa Council 61 v. State, 484 N.W.2d 390 (Iowa 1992). “Accordingly, as provided by Iowa Code section 20.22, the PERB arranged for arbitration between the State and each union.”
— Iowa Code § 20.22(2) — 4 cases
City of Des Moines v. Pub. Emp. Relations Bd., 275 N.W.2d 753 (Iowa 1979). “The question presented is whether the Public Employment Relations Board has the statutory authority, under § 20.22, The Code, to order binding arbitration between a public employer and a certified employee organization under these conditions: (1) the public employer is a…”
City of Dubuque v. Pub. Emp. Relations Bd., 339 N.W.2d 827 (Iowa 1983).
Moravia Cmty. Sch. Dist. v. Moravia Educ. Ass'n, 460 N.W.2d 172 (Iowa Ct. App. 1990). “The arbitration award resulted from impasse proceedings under the Public Employment Relations Act (PERA), see Iowa Code § 20.22 . The Public Employment Relations Board (PERB) seeks affirmance of the district court’s decision.”
Westegard v. Davis Cnty. Cmty. Sch. Dist., 580 N.W.2d 726 (Iowa 1998). “See Iowa Code § 20.22 . The arbitrator issued his award, selecting the final offer of the school district.”
— Iowa Code § 20.22(3) — 5 cases
West Des Moines Educ. Ass'n v. Pub. Emp. Relations Bd., 266 N.W.2d 118 (Iowa 1978). “Section 20.22(11) makes clear the arbitrator may choose only one of three positions, that of either party or that of the fact-finder.”
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
Moravia Cmty. Sch. Dist. v. Moravia Educ. Ass'n, 460 N.W.2d 172 (Iowa Ct. App. 1990). “The arbitration award resulted from impasse proceedings under the Public Employment Relations Act (PERA), see Iowa Code § 20.22 . The Public Employment Relations Board (PERB) seeks affirmance of the district court’s decision.”
Iowa State Educ. Ass'n v. Pub. Emp. Relations Bd., 369 N.W.2d 793 (Iowa 1985). “Iowa Code § 20.22 (12). To the extent the decision of the district court or the ruling of PERB permit a fact finder to recommend that a party to the impasse be denied this right, they are modified to conform with the views expressed in this opinion and otherwise affirmed.”
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd. (Iowa 2019).
— Iowa Code § 20.22(4)(d) — 1 case
West Des Moines Educ. Ass'n v. Pub. Emp. Relations Bd., 266 N.W.2d 118 (Iowa 1978). “Section 20.22(11) makes clear the arbitrator may choose only one of three positions, that of either party or that of the fact-finder.”
— Iowa Code § 20.22(6) — 1 case
Maquoketa Valley Cmty. Sch. Dist. v. Maquoketa Valley Educ. Ass'n, 279 N.W.2d 510 (Iowa 1979). “Maquoketa Valley Community School District appeals from a district court judgment validating a collective bargaining arbitration decision rendered pursuant to section 20.22, The Code 1975. We reverse and remand.”
— Iowa Code § 20.22(7) — 2 cases
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd. (Iowa 2019).
— Iowa Code § 20.22(7)(d) — 2 cases
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd. (Iowa 2019).
— Iowa Code § 20.22(8) — 2 cases
United Elec., Radio & Mach. Workers of Am. v. Iowa Pub. Emp. Relations Bd. & State of Iowa & Bd. of Regents, 928 N.W.2d 101 (Iowa 2019). “Seeking to clarify the meaning of these provisions, a union sought a declaratory order from the Iowa Public Employment Relations Board (PERB) and then judicial review of the declaratory order. Both PERB and the district court ruled that "base wages" meant the "minimum (bottom)…”
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
— Iowa Code § 20.22(8)(b) — 2 cases
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd. (Iowa 2019).
— Iowa Code § 20.22(9) — 5 cases
Moravia Cmty. Sch. Dist. v. Moravia Educ. Ass'n, 460 N.W.2d 172 (Iowa Ct. App. 1990). “The arbitration award resulted from impasse proceedings under the Public Employment Relations Act (PERA), see Iowa Code § 20.22 . The Public Employment Relations Board (PERB) seeks affirmance of the district court’s decision.”
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd., 928 N.W.2d 21 (Iowa 2019). “Iowa Code § 20.22 (8)(a) (2018). The arbitrator shall not consider, (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements.”
AFSCME/Iowa Council 61 v. State, 484 N.W.2d 390 (Iowa 1992). “Accordingly, as provided by Iowa Code section 20.22, the PERB arranged for arbitration between the State and each union.”
Saydel Educ. Ass'n v. Pub. Emp. Relations Bd., 333 N.W.2d 486 (Iowa 1983).
AFSCME Iowa Council 61 v. State of Iowa & Iowa Pub. Emp. Relations Bd. (Iowa 2019).
— Iowa Code § 20.22(9)(a) — 1 case
Moravia Cmty. Sch. Dist. v. Moravia Educ. Ass'n, 460 N.W.2d 172 (Iowa Ct. App. 1990). “The arbitration award resulted from impasse proceedings under the Public Employment Relations Act (PERA), see Iowa Code § 20.22 . The Public Employment Relations Board (PERB) seeks affirmance of the district court’s decision.”
— Iowa Code § 20.22(9)(b) — 1 case
Moravia Cmty. Sch. Dist. v. Moravia Educ. Ass'n, 460 N.W.2d 172 (Iowa Ct. App. 1990). “The arbitration award resulted from impasse proceedings under the Public Employment Relations Act (PERA), see Iowa Code § 20.22 . The Public Employment Relations Board (PERB) seeks affirmance of the district court’s decision.”
— Iowa Code § 20.22(9)(c) — 2 cases
City of Des Moines v. Pub. Emp. Relations Bd., 275 N.W.2d 753 (Iowa 1979). “The question presented is whether the Public Employment Relations Board has the statutory authority, under § 20.22, The Code, to order binding arbitration between a public employer and a certified employee organization under these conditions: (1) the public employer is a…”
Teamsters Over the Road, City Transfer Drivers, Helpers, Dockmen & Warehousemen, Local Union No. 147 v. Warren Cnty. Bd. of Supervisors, 348 N.W.2d 237 (Iowa 1984).
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