Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 7 - Impasse Procedures › Rule 621-7.6 - Impasse Procedures After Completion Deadline

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Objections.
Any
			 objection by a party to mediation or the conduct of arbitration proceedings
			 which will not be completed by the applicable deadline for completion of
			 impasse procedures shall be filed with the agency in accordance with rule
			 621-16.4 (20). The objecting
			 party shall promptly serve the other party with a copy of the objection and
			 file proof thereof with the agency in accordance with 621-subrules 2.15(3) and
			 16.10(1). The objection shall be filed and served no later than 10 days after
			 the filing with the agency of the request for mediation or arbitration to which
			 the objection refers. For purposes of this rule, a single-party request for
			 mediation which is filed more than 120 days prior to the applicable deadline
			 for completion of impasse procedures or a request for arbitration which is
			 filed prior to the filing period specified in subrule 7.5(1) shall be deemed
			 filed on the first day of that filing period. Failure to file an objection in a
			 timely manner may constitute waiver of such objection, in which case the
			 applicable deadline for completion of impasse procedures shall not
			 apply.
(2)
Response to
			 objection.
The nonobjecting party may, within 10 days following the
			 filing of an objection with the board, file a response asserting that, because
			 of deliberate delay on the part of the objecting party, or unavoidable
			 casualty, misfortune or other events beyond the parties' control, impasse
			 procedures should continue beyond the applicable deadline. A response may
			 additionally or alternatively assert that the deadline relied upon by the
			 objecting party is inapplicable for reasons set forth in the response, or may
			 assert other reasons why impasse procedures should not be terminated. If a
			 response is not filed within the time allowed by this subrule, the board may
			 issue an order terminating further impasse procedures.
(3)
Procedure.
Filing of an
			 objection before the applicable deadline for completion of impasse procedures
			 shall not affect the obligation of each party to continue the impasse
			 procedures. Further, the board may postpone hearing on the objection if it
			 determines that mediation may take place or that an arbitration award may be
			 rendered on or before the applicable deadline. In making that determination,
			 the board will attempt to expedite any remaining impasse proceedings, but no
			 party shall be required to waive or shorten any mandatory statutory time
			 periods which apply to that party.
(4)
Hearings.
Insofar as is
			 applicable, hearings on a party's objection shall be conducted pursuant to
			 621-Chapter 2. The nonobjecting party shall proceed first and shall have the
			 burden to show that impasse procedures should not be terminated. The board
			 shall then issue a final order that further impasse procedures should be
			 completed or should continue fora specified period of time or should be
			 terminated.
(5)
Objections.
Objections and relevant documents to the objection
			 shall be filed in the electronic document management system (EDMS).