Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 5 - Elections › Rule 621-5.5 - Certification Elections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General procedures.
Upon the agency's determination that a
			 certification petition is supported by an adequate showing of interest in
			 accordance with rule 621-4.3 (20), the agency shall
			 file an order directing that an election be conducted in a specified manner and
			 that the employer email a list of eligible voters to the agency pursuant to
			 rule 621-5.2 (20).
(2)
Payment of election fee.
The election fee shall be based on the initial employee list provided by the
			 employer to verify the showing of interest pursuant to 621-subrule 4.3(3). Upon
			 the filing of a certification petition, but no later than seven days after the
			 agency's filing of an order directing an election, an employee organization
			 shall pay the applicable election fee to the agency, unless an extension of
			 time, upon written request, is granted by the agency. The agency will not
			 conduct an election prior to receiving the applicable election fee from the
			 petitioner. An employee organization's failure to pay the applicable election
			 fee in a timely manner will result in the agency's dismissal of the
			 certification petition. The election fee shall be paid by check payable to the
			 agency and is deemed paid upon receipt by the agency or, if submitted by mail,
			 on the date of the U.S. Postal Service postmark affixed to the envelope in
			 which the payment was mailed.
(3)
Notice of election.
Following the employer's submission of the
			 list of eligible voters, the employee organization's payment of the applicable
			 election fee and the expiration of the time for intervention as provided in
			 subrule 5.5(4), the agency shall file a notice of election containing a sample
			 ballot or script and setting forth the date, time, place, method, and purpose
			 of the election and such additional information as the agency may deem
			 appropriate. The employer shall 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.
a. No employee
			 organization other than the petitioner shall be placed on the ballot unless
			 application for intervention, as provided in rule
			 621-2.4 (20), is filed with the
			 agency within seven days after the filing of the agency's order directing the
			 election in which intervention is sought. An employee organization seeking
			 intervention shall submit to the agency, by ordinary mail or personal delivery,
			 an adequate showing of interest as provided in 621-subrule 4.3(2) within seven
			 days after the agency's direction of an election.
b. An intervening employee organization shall
			 pay the applicable election fee to the agency within seven days after the
			 agency's grant of its application to intervene. The election fee shall be paid
			 by check payable to the agency and is deemed paid upon receipt by the agency
			 or, if submitted by mail, on the date of the U.S. Postal Service postmark
			 affixed to the envelope in which the payment was mailed. Failure to pay the
			 applicable election fee in a timely manner will result in the intervenor's
			 exclusion from the ballot.
c. An
			 intervening employee organization may, upon its filing of a written request, be
			 removed from the ballot with the approval of the agency.