Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.2 - Unit Determination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Content of petition.
A petition for bargaining unit
			 determination shall be on an agency-prescribed form and filed with the agency.
			 The petition shall identify and describe the proposed unit and indicate the
			 unit's status as a public safety or non-public safety unit.
(2)
Notice to parties.
Upon
			 the filing of a proper petition, the agency shall serve copies thereof upon
			 other interested parties by certified mail, return receipt requested. The
			 agency shall file a notice to employees, giving notice that the petition has
			 been filed and setting forth the rights of employees under Iowa Code chapter
			 20. The employer shall promptly distribute, electronically or by hard copy, the
			 petition and notice to the affected employees. The employer shall also promptly
			 post the petition and notice in the manner and locations customarily used for
			 the posting of information to employees.
(3)
Notice of hearing.
The
			 board or administrative law judge shall file a notice of hearing setting forth
			 the time, date and place of the hearing and any other relevant information. The
			 employer shall promptly distribute, electronically or by hard copy, the notice
			 to the affected employees. The employer shall also promptly post the notice in
			 the manner and locations customarily used for the posting of information to
			 employees.
(4)
Intervention.
See rule
			 621-2.4 (20).
(5)
Professional/nonprofessional unit
			 elections.
Should the agency determine, in any case, that professional
			 and nonprofessional employees are appropriately included in the same bargaining
			 unit, the agency shall file an order directing that an election be conducted to
			 determine whether the professional and nonprofessional employees wish to be
			 represented in a single bargaining unit. The election shall be conducted in
			 accordance with rule 621-5.7 (20).
(6)
Informal settlement of bargaining
			 unit determination.
Cases on bargaining unit determination may be
			 informally settled in the following manner:
a. The parties may stipulate to the
			 composition of the unit.
(1) The petitioning
			 party shall prepare a stipulation setting forth in detail the composition of
			 the bargaining unit as agreed upon by all parties. The stipulation shall be
			 signed by the authorized representatives of the parties involved and shall be
			 filed with the agency for informal review and tentative approval. In the event
			 the parties agree to a combined unit of professional and nonprofessional
			 employees, the stipulation shall set forth both those job classifications
			 included within the professional category and those job classifications
			 included within the nonprofessional category.
(2) If the agency fails to tentatively
			 approve the stipulation, the agency shall notify the parties and, unless the
			 parties amend the stipulation in a manner to gain tentative approval of the
			 agency, the matter shall proceed to hearing.
(3) If the agency tentatively approves the
			 stipulation, the agency shall file a public notice of proposed decision. The
			 public employer shall promptly post copies of the notice of the proposed
			 decision, for a period of not less than one calendar week, in a prominent place
			 in the main office of the public employer accessible to the general public. The
			 employer shall promptly distribute, electronically or by hard copy, the notice
			 to the affected employees. The employer shall also promptly post the notice in
			 the manner and locations customarily used for the posting of information to
			 employees.