reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 3 - Prohibited Practice Proceedings › Rule 621-3.4 - Service of Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
The complainant shall, within a reasonable time following the
				filing of a complaint, serve all named respondents with a copy of the complaint
				in the manner of an original notice or by certified mail, return receipt
				requested, together with an agency-approved information sheet regarding
				mandatory electronic filing. Such service shall be upon the person(s)
				designated for service by 621-subrule 2.15(1), and the complainant shall file
				proof thereof with the agency in accordance with 621-subrule 2.15(3) and
				621-subrule 16.10(1).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 3 - Prohibited Practice Proceedings › Rule 621-3.5 - Answer to Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing and service.
Within ten days of service of a complaint,
			 the respondent(s) shall file with the agency an answer to the complaint. The
			 answer shall be signed by the respondent(s) or its designated representative.
			 The answer shall be served through the electronic document management system
			 unless the respondent is exempted from electronic filing in the proceeding, in
			 which case service shall be in accordance with 621-subrules 2.15(2) and
			 2.15(3), and upon the person who signed the complaint being answered.
(2)
Extension of time to
			 answer.
The parties may agree to an extension of the time to answer
			 and shall inform the agency of their agreement, or the board may, upon
			 application and good cause shown, extend the time to answer.
(3)
Contents of answer.
The
			 answer shall specifically admit or deny each allegation of the complaint and
			 may set forth additional facts deemed to constitute a defense. If the
			 respondent is without knowledge sufficient to make an admission or denial
			 concerning an allegation, the answer shall so state and such statement shall
			 operate as a denial. Admissions or denials may be made to all or part of an
			 allegation but shall fairly meet the substance of the allegation. Additional
			 facts set forth in the answer shall be deemed denied by the
			 complainant.
(4)
Admission
			 by failure to answer.
If the respondent fails to file a timely answer,
			 such failure may be deemed by the board to constitute an admission of the
			 material facts alleged in the complaint and a waiver of a hearing.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 3 - Prohibited Practice Proceedings › Rule 621-3.6 - Voluntary Dismissal or Withdrawal of Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
At any time prior to the issuance of a proposed decision (or
				final decision if heard originally by the board), a complaint or any part
				thereof may be voluntarily dismissed by the complainant. Following the issuance
				of a proposed decision, but before the proposed decision becomes the agency's
				final decision, complaints may be withdrawn only with the consent of the board
				and upon conditions the board deems proper.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 3 - Prohibited Practice Proceedings › Rule 621-3.8 - Investigation of Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
The board or its designee may conduct a preliminary
				investigation of the allegations of any complaint. In conducting such
				investigation, the board may require the complainant and respondent to furnish
				evidence, including affidavits and other documents if appropriate. If a review
				of the evidence shows that the complaint has no basis in fact, the complaint
				may be dismissed with prejudice by the board and the parties notified.
				Administrative law judges involved in investigations under this rule shall not
				act as presiding officers in any proceeding related to the prohibited practice
				complaint.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 3 - Prohibited Practice Proceedings › Rule 621-3.12 - Costs of Certified Shorthand Reporters and Transcripts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial payment.
The
			 agency will arrange for a certified shorthand reporter to report the contested
			 case hearing and request that an original transcript of the hearing be prepared
			 by the reporter for the agency's use. The agency initially shall pay the
			 reporter's reasonable compensation for reporting the hearing and producing the
			 agency-requested transcript.
(2)
Taxation as costs.
The cost of reporting and of the
			 agency-requested transcript shall be taxed as costs against the nonprevailing
			 party or parties although the presiding officer, or the board on appeal or
			 review of a proposed decision and order, may apportion such costs in another
			 manner if appropriate under the circumstances.
(3)
Payment of taxed costs.
Following final agency action in a case, the agency will prepare and serve a
			 bill of costs upon the party or parties against whom the costs have been taxed.
			 Those parties shall, within 30 days of such service, remit to the agency the
			 amount specified in the bill of costs. Sums remitted to the agency shall be
			 considered repayment receipts as defined in Iowa Code section
			 8.2.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.1 - General Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
a. The agency shall
			 determine an appropriate bargaining unit when requested by petition. Once a
			 unit is initially determined, parties may request by petition: reconsideration
			 of the unit, amendment of the unit, or clarification of the unit.
b. The agency may certify an employee
			 organization to be the exclusive bargaining representative for a unit when
			 requested by a petition or an application for intervention. Once certified, the
			 employee organization will be subject to retention and recertification
			 elections and may be subject to decertification if a petition is filed by an
			 employee of the bargaining unit. The employee organization's certification may
			 be amended when requested by petition by the employee organization or by the
			 public employer, or when the agency files notice.
c. The employee organization shall have its
			 certification revoked for failure to pay its election fees, or its
			 certification may be revoked for failure to comply with the requirements of
			 Iowa Code section
			 20.25.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.3 - Bargaining Representative Determination (election petitions)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form of
			 petition.
Petitions for bargaining representative determination
			 (election petition) shall be on an agency-prescribed form and filed with the
			 agency. These petitions shall be of three types:
a. A certification petition, filed by an
			 employee organization requesting that through an election it be certified as
			 the exclusive bargaining representative of an appropriate unit of public
			 employees. The name of the employee organization which appears on the petition,
			 or the petition as amended, shall be the name which appears on the election
			 ballot.
b. A decertification
			 petition, filed by a bargaining unit employee requesting an election to
			 determine whether a majority of the employees in the bargaining unit wish to
			 continue to be represented by a certified employee organization.
c. A representation petition, filed by a
			 public employer requesting an election to determine the bargaining
			 representative, if any, of the employees in the bargaining unit.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.4 - Concurrent (combined) Petitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When to file.
A combined
			 petition for both bargaining unit determination and bargaining representative
			 certification shall be filed whenever the bargaining unit has not been
			 previously determined and a representative has not been certified by the
			 agency.
(2)
Content of
			 petition.
A combined petition for unit determination and
			 representative certification shall be on an agency-prescribed form.
(3)
Notice of petition, hearing, and
			 notice to employees.
Upon the riling of a combined petition, notice
			 shall be as provided in subrules 4.2(2), 4.2(3) and 4.3(4).
(4)
Showing of interest.
Showing of interest shall be as provided in subrules 4.3(2) and 4.3(3). Should
			 the board determine an appropriate unit different than that requested, any
			 employee organization affected may request a reasonable period of time to
			 submit additional evidence of interest sufficient to satisfy the requirements
			 of Iowa Code chapter 20.
(5)
Scope of hearing.
Hearings on combined petitions shall resolve
			 all issues with regard to both bargaining unit determination and bargaining
			 representative certification.
(6)
Intervention.
See rule
			 621-2.4 (20).
(7)
Professional and nonprofessional
			 elections.
See subrule 4.2(5) and rule
			 621-5.7(20).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.5 - Unit Reconsideration

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for reconsideration of an agency-established
				bargaining unit may be filed by an employee organization, public employer, or
				an employee of the public employer. This petition may be filed only in
				combination with a certification petition. Rules
				621-4.1 (20),
				621-4.2 (20),
				621-4.3(20) and
				621-4.4
				(20) shall apply. A petition for reconsideration of an agency-established
				bargaining unit covering state employees may not be filed for at least one year
				after the initial unit determination. The agency may dismiss the petition for
				unit reconsideration if the petitioner fails to establish that the previously
				determined bargaining unit is inappropriate.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.6 - Amendment of Unit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petition.
A petition for amendment of an agency-determined
			 bargaining unit may be filed by the public employer or the certified employee
			 organization. The petition shall contain:
a.
			 The names, addresses, telephone numbers and email addresses of the public
			 employer and the employee organization or their respective
			 representatives.
b. An
			 identification and description of the proposed amended unit.
c. The names and addresses of any other
			 employee organizations which claim to represent any employees affected by the
			 proposed amendment or a statement that the petitioner has no knowledge of any
			 other such organization.
d. Job
			 classifications of the employees as to whom the issue is raised, the number of
			 employees, if any, in each classification, and whether each job classification
			 qualifies as a public safety employee.
e. A statement identifying the current status
			 of the unit as either a public safety or a non-public safety unit and the
			 change, if any, to the status of the unit which would result from the requested
			 amendment.
f. A specific statement
			 of the petitioner's reasons for seeking amendment of the unit and any other
			 relevant facts.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.7 - Unit Clarification

Current through Register Vol. 47, No. 3, July 24, 2024
A petition to clarify the inclusion or exclusion of job
				classifications or employees in an agency-determined bargaining unit may be
				filed by the public employer, an affected public employee, or the certified
				employee organization. Such petition may be filed only if the bargaining unit
				is represented by a certified bargaining representative. Insofar as applicable,
				the procedures for such filing shall be as provided in subrule
				4.6(1).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.8 - Amendment of Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petitions.
A petition for the amendment of a certified
			 employee organization's certification may be filed by the certified employee
			 organization, the public employer or the agency to reflect an act or occurrence
			 affecting the organization or the public employer, such as a name change or
			 merger.
(2)
Employee
			 organization.
The employee organization must file its petition with
			 the following:
a. An affidavit(s) that
			 establishes:
(1) The act or occurrence, which
			 the requested amendment would reflect, was authorized by and accomplished in
			 accordance with the certified employee organization's constitution and bylaws,
			 which provided members with adequate due process; and
(2) Substantial continuity of representation
			 has been maintained.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.9 - Merger of Units Represented by the Same Certified Employee Organization

Current through Register Vol. 47, No. 3, July 24, 2024
A certified employee organization may petition the agency to
				merge two of the bargaining units the organization represents into one
				successive unit. This proceeding does not apply to school districts' and area
				education agencies' reorganizations and mergers pursuant to Iowa Code chapter
				273 or 275.
(1)
Petition.
A petition to amend a bargaining unit may be filed
			 by a certified employee organization to reflect a merger of two
			 agency-determined bargaining units which have the same public employer and are
			 represented by the same certified employee organization. The petition shall
			 contain:
a. The names, addresses, telephone
			 numbers, and email addresses of the public employer and the employee
			 organization or their respective representatives.
b. A listing of all PERB cases relevant to
			 the first unit and its certification history followed by a current description
			 of the unit.
c. A listing of all
			 PERB cases relevant to the second unit and its certification history followed
			 by a current description of the unit.
d. An identification and description of the
			 proposed amended unit.
e. The names
			 and addresses of any other employee organizations which claim to represent any
			 employees affected by the proposed amendment or a statement that the petitioner
			 has no knowledge of any other such organization.
f. A statement identifying the current status
			 of the units as either public safety units or non-public safety units and the
			 change, if any, to the status of the unit, which would result from the
			 requested merger.
g. A specific
			 statement of the petitioner's reasons for seeking amendment of the unit and any
			 other relevant factors.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 4 - Bargaining Unit and Bargaining Representative Determination › Rule 621-4.10 - Merger of Two Units Represented by Affiliated Certified Employee Organizations

Current through Register Vol. 47, No. 3, July 24, 2024
A certified employee organization may petition the agency to
				amend a bargaining unit the organization represents to merge another bargaining
				unit of employees into the successive unit. The unit of employees added must be
				represented by an affiliated certified employee organization. This proceeding
				does not apply to school districts' and area education agencies'
				reorganizations and mergers pursuant to Iowa Code chapter 273 or 275.
(1)
Petition.
A combined
			 petition to amend a bargaining unit and an employee organization's
			 certification may be filed by a successive employee organization to reflect a
			 merger of two agency-determined bargaining units that have the same public
			 employer and are represented by affiliated certified employee organizations.
			 The combined petition shall contain:
a. The
			 names, addresses, telephone numbers, and email addresses of the public employer
			 and the employee organization or their respective representatives.
b. A listing of all PERB cases relevant to
			 the first unit and its certification history followed by a current description
			 of the unit.
c. A listing of all
			 PERB cases relevant to the second unit and its certification history followed
			 by a current description of the unit.
d. An identification and description of the
			 proposed amended unit.
e. The names
			 and addresses of any other employee organizations which claim to represent any
			 employees affected by the proposed amendment or a statement that the petitioner
			 has no knowledge of any other such organization.
f. A statement identifying the current status
			 of the units as either public safety units or non-public safety units and the
			 change, if any, to the status of the unit, which would result from the
			 requested merger.
g. A specific
			 statement of the petitioner's reasons for seeking amendment of the unit and any
			 other relevant factors.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 5 - Elections › Rule 621-5.1 - General Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall determine the date of the election or election
				period, and the place, method, and other procedural aspects of conducting an
				election held pursuant to Iowa Code chapter 20. Elections shall be conducted
				under the direction and supervision of the agency or its election agent and
				shall be by secret ballot. Parties shall electronically file all documents in
				the applicable adjudicatory case file in the agency's electronic document
				management system (EDMS) unless the rules specify otherwise.
(1)
Election types.
There
			 are five types of elections:
a. Certification
			 election.
b. Retention and
			 recertification election. Specific rules addressing retention and
			 recertification elections are contained in 621-Chapter 15.
c. Decertification election.
d. Professional and nonprofessional
			 election.
e. Amendment of unit
			 election.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 5 - Elections › Rule 621-5.2 - Eligibility-voter Eligibility Lists

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible voters.
For
			 certification, decertification, professional/nonprofessional, or amendment of
			 unit elections, eligible voters are those employees who:
a. Were employed and included in the
			 bargaining unit on the date of the order directing an election unless another
			 date is agreed upon by the parties and the agency, and
b. Are employed in the bargaining unit on the
			 date of the election.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 5 - Elections › Rule 621-5.3 - Methods of Voting-general Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The agency may conduct an election, in whole or in part, in
				person, by mail ballot, or through a telephonic/web-based system.
(1)
In-person election.
An
			 eligible voter shall cast the voter's ballot by marking the voter's choice on
			 the ballot and depositing it in the ballot box or inserting it in a voting
			 machine, whichever is applicable. If a voter inadvertently spoils a ballot, the
			 ballot may be returned to the agent who shall void and retain it and provide
			 another ballot to the voter. Eligible voters may be asked to cast their votes
			 via a nondocument ballot when there is a voting machine present that
			 accommodates this technology.
a.
Absentee ballot.
An absentee ballot shall be delivered to an
			 eligible voter upon the voter's written notice to the agency of the voter's
			 inability to be present at the election. The marked absentee ballot shall be in
			 the possession of the election agent prior to the close of the in-person
			 election in order to be counted. The marked absentee ballot shall be contained
			 in the secret envelope provided to the voter, and the postage-paid,
			 return-addressed outer envelope provided for the return of the ballot to the
			 agency shall be signed by the voter in order for the ballot to be
			 counted.
b.
Observers.
Each party to an election may designate an equal
			 number of representatives to act as the party's observers during the election
			 and tally of ballots. Unless agreed to by the parties, observers shall not be
			 supervisory employees of the public employer.
c.
Ballot box.
Upon
			 examination by the observers and prior to the opening of the polls, the
			 election agent shall seal the ballot box so that entry thereto is limited to
			 one slot. In the event that the election is continued for more than one polling
			 period or at more than one polling place, the ballot box shall be sealed in its
			 entirety and shall remain in the custody of the election agent until
			 immediately prior to the next polling period or the counting of the
			 ballots.
d.
Voting
			 machines.
The agency may utilize voting machines to assist with the
			 casting or tabulation of votes.
e.
Tally.
The agency shall tally the ballots by manual count or
			 electronic count and file the tally after the close of the election. Void
			 ballots are those which do not indicate a preference or the clear intent of the
			 voter or which appear to identify the voter. The employer shall promptly
			 distribute, electronically or by hard copy, copies of the tally of ballots to
			 the affected employees. The employer shall also promptly post copies of the
			 tally of ballots in the manner and locations customarily used for the posting
			 of information to employees.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 5 - Elections › Rule 621-5.4 - Objections to an Election

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Objections.
Written objections to an election may be filed by
			 any public employee, public employer, or employee organization involved in the
			 election or by the board on its own motion. Objections must be filed with the
			 agency within ten days of the filing of the tally of ballots, even when
			 challenges to eligible voters may be determinative of the outcome of the
			 election. The objection must identify the objecting party; provide the
			 objecting party's mailing address, telephone number, and email address, if
			 available; and contain a statement of facts upon which the objections are
			 based. The agency shall promptly advise the parties of the objections and make
			 any investigation deemed appropriate. If the objections cannot be informally
			 resolved, they may be dismissed or resolved at hearing. Hearings on objections
			 shall be conducted pursuant to 621-Chapter 2. The objecting party shall present
			 its evidence first.
(2)
Objectionable conduct during election campaigns.
The following
			 types of activity, if conducted during the period beginning with the filing of
			 an election petition with the agency or the agency's filing of a notice of
			 intent to conduct a retention and recertification election and ending at the
			 conclusion of the election, if determined by the agency that such activity
			 could have affected the results of the election, shall be considered to be
			 objectionable conduct sufficient to invalidate the results of an election:
a. Electioneering within 300 feet or within
			 sound of the polling place established by the agency during the conduct of an
			 in-person election;
b.
			 Misstatements of material facts by any party to the election or its
			 representative without sufficient time for the adversely affected party to
			 adequately respond;
c. Any misuse
			 of agency documents, including an indication that the agency endorses any
			 particular choice appearing on the ballot;
d. Campaign speeches by an employer to
			 assembled groups of employees during working hours within the period beginning
			 24 hours before the opening of the polls in an in-person election, the mailing
			 of ballots in a mail-ballot election, or the commencement of the
			 telephonic/web-based election period and extending until the close of the
			 in-person polls, the deadline for the agency's receipt of mail ballots, or the
			 close of the election period in a telephonic/web-based election;
e. Any polling of employees by a public
			 employer which relates to the employees' preference for or against a bargaining
			 representative;
f Commission of a
			 prohibited practice;
g. Any other
			 misconduct or other circumstance which prevents employees from freely
			 expressing their preferences in the election.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 5 - Elections › Rule 621-5.7 - Professional and Nonprofessional Elections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General procedure.
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 those professional and nonprofessional employees agree to be
			 represented in a single bargaining unit and that the employer email separate
			 lists of eligible professional and nonprofessional voters pursuant to rule
			 621-5.2 (20).
(2)
Voter eligibility list.
a. The public employer shall email the lists
			 of employees in the professional and nonprofessional categories to the agency
			 within seven days of the agency's order. The lists shall be organized
			 alphabetically and contain the names; addresses; email addresses, if known;
			 telephone numbers, if known; and job classifications of the employees eligible
			 to vote; and any other information required by the agency. The agency shall
			 file the lists of eligible voters' names and job classifications. These lists
			 shall become the official voting lists for the election to be conducted. The
			 agency shall provide to the employee organization the voter lists with the
			 employees' contact information.
b.
			 The employer or employee organization shall email proposed additions or
			 deletions of employees' names, changes in job classifications, addresses,
			 contact information, or other eligible voter changes to the agency and other
			 party. The parties may amend the lists by agreement.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 5 - Elections › Rule 621-5.9 - Destruction of Ballots

Current through Register Vol. 47, No. 3, July 24, 2024
In the absence of litigation over the validity or outcome of an
				election and after a period of 60 days has elapsed from the date of the filing
				of an order of certification, noncertification, recertification,
				decertification or continued certification of an employee organization pursuant
				to the election, the agency will cause the ballots cast in the election to be
				destroyed.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 5 - Elections › Rule 621-5.10 - Destruction of Ballots

Current through Register Vol. 47, No. 3, July 24, 2024
In the absence of litigation over the validity or outcome of an
				election and after a period of 60 days has elapsed from the date of the filing
				of an order of certification, noncertification, recertification,
				decertification or continued certification of an employee organization pursuant
				to the election, the agency will cause the ballots cast in the election to be
				destroyed.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 6 - Negotiations and Negotiability Disputes › Rule 621-6.1 - Scope of Negotiations

Current through Register Vol. 47, No. 3, July 24, 2024
The scope of negotiations shall include the mandatory subjects
				of collective bargaining as provided in Iowa Code section
				20.9.
				"Permissive" matters are all other subjects upon which bargaining is not
				prohibited. Either party may introduce permissive matters for negotiation, and
				negotiation on these matters may continue until resolved by mutual agreement of
				the parties or until negotiations reach the arbitration stage of impasse;
				however, no party is required to negotiate on permissive subjects of
				bargaining. Unresolved permissive matters shall be excluded from arbitration
				unless submission of the matter has been mutually agreed upon by the parties.
				Such an agreement is applicable only to negotiations toward the collective
				bargaining agreement then sought and is not binding upon the parties for future
				negotiations.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 6 - Negotiations and Negotiability Disputes › Rule 621-6.2 - Consolidated Negotiations

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing in these rules shall prohibit, by agreement of the
				parties, more than one certified bargaining representative from bargaining
				jointly with a common public employer, or more than one public employer from
				bargaining jointly with a common certified bargaining representative, or any
				other combination thereof.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 6 - Negotiations and Negotiability Disputes › Rule 621-6.3 - Negotiability Disputes

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Defined.
A
			 "negotiability dispute" is a dispute arising in good faith during the course of
			 collective bargaining as to whether a proposal made during bargaining is a
			 mandatory, permissive, or prohibited subject of collective bargaining under
			 Iowa Code section 20.9.
(2)
Petitions for expedited
			 resolution.
a. In the event that a
			 negotiability dispute arises between the employer and the certified employee
			 organization, either party may petition the agency for expedited resolution of
			 the dispute. The petition shall be filed and set forth the following:
(1) The name and address of the petitioner
			 and the name, address, telephone number, and email address of the petitioner's
			 representative;
(2) The name and
			 address of the respondent and the name, address, telephone number, and email
			 address of the respondent's representative;
(3) The material facts of the dispute;
			 and
(4) The verbatim text of the
			 proposal at issue.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 6 - Negotiations and Negotiability Disputes › Rule 621-6.4 - Public Safety Unit Determination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
This rule
			 applies only to bargaining units which include at least one public safety
			 employee, as defined in 621-subrule 1.6(12) or as required by Iowa Code section
			 20.32 concerning certain transit employees.
(2)
Defined.
A public safety
			 unit is a bargaining unit in which at least 30 percent of the employees are
			 public safety employees.
(3)
Determination of public safety unit status.
A bargaining unit
			 will constitute a public safety unit if at least 30 percent of the employees in
			 the unit were public safety employees at any one time in the six months
			 preceding the applicable date identified in subrule 6.4(7).
(4)
Identification of public safety
			 or non-public safety unit.
Parties engaging in negotiations for a
			 collective bargaining agreement shall endeavor to agree upon and stipulate to
			 the public safety or non-public safety status of the unit at issue.
(5)
Agreement and
			 stipulation.
If the parties are in agreement, the parties shall
			 complete a stipulation form prescribed by the agency. The stipulation shall be
			 signed by the authorized representatives of the parties, and the certified
			 employee organization shall submit it to the agency by email, ordinary mail, or
			 personal delivery.
(6)
Petition, response and hearing for determination of public safety or
			 non-public safety unit status.
a. If
			 the parties fail to reach agreement, the party asserting public safety unit
			 status shall file a petition for determination of the unit status on or before
			 the applicable date identified in subrule 6.4(7). The petition shall be on an
			 agency-prescribed form and electronically filed. The petitioning party shall
			 promptly serve the other party with a copy of the petition and file proof
			 thereof with the agency in accordance with 621-subrules 2.15(3) and
			 16.10(1).
b. The non-petitioning
			 party shall, within ten days following the filing of the petition with the
			 agency, file a response asserting its basis for identifying the unit as a
			 non-public safety unit.
c. Hearings
			 on the petition shall be conducted pursuant to 621-Chapter 2. The public
			 employer shall present its evidence first.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 6 - Negotiations and Negotiability Disputes › Rule 621-6.5 - Filing of Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
Not later than 60 days after ratification and acceptance of a
				tentative agreement or the issuance of an interest arbitration award, the
				public employer shall submit the collective bargaining agreement to the
				agency.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 6 - Negotiations and Negotiability Disputes › Rule 621-6.6 - Filing of Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Copy of agreement.
A public employer shall file a copy of the
			 collective bargaining agreement entered into between the public employer and a
			 certified employee organization and made final under Iowa Code chapter 20.
			 Filing shall be completed by uploading the collective bargaining agreement into
			 suPERB. The certified employee organization will be notified of the filing of
			 the collective bargaining agreement through suPERB. The public employer shall
			 file the copy within ten days of the date on which the agreement is entered
			 into.
(2)
Failure to file
			 an agreement.
If an employer fails to file a finalized collective
			 bargaining agreement within ten days of the date on which the agreement is
			 entered into, the agency will order an in-person show cause hearing at the
			 agency. The agency shall also provide notice of the show cause hearing to the
			 certified employee organization. The agency may grant appropriate accommodation
			 in the form of more time or take official notice of failure to comply with
			 subrule 6.4(1) and Iowa Code section
			 20.29(2).
(3)
Transit units.
When
			 filing a collective bargaining agreement, an employer will designate a unit as
			 public safety or transit if appropriate. The agency and employee organization
			 will receive notification of the designation. Upon agreement from both parties
			 or absent an agreement or ruling from the agency in a contested hearing, the
			 agency will designate the unit appropriately in suPERB.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 7 - Impasse Procedures › Rule 621-7.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in paragraph 7.5(6)
"b,"
the
				rules set forth in this chapter are applicable only in the absence of an
				impasse agreement between the parties or the failure of either to utilize its
				procedures. Nothing in these rules shall be deemed to prohibit the parties, by
				mutual agreement, from proceeding directly to binding arbitration at any time
				after impasse.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 7 - Impasse Procedures › Rule 621-7.3 - Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request for mediation.
Either party to an impasse may request
			 that the agency assign a mediator by requesting mediation services. Requests
			 for mediation services shall be uploaded through suPERB.
A copy of the request for mediation shall be emailed to the
				agency and, in addition to the request for mediation, must contain:
a. The name, address, and telephone number of
			 the requesting party, and the name, address, telephone number, and email
			 address of its bargaining representative or of the chairperson of its
			 bargaining team.
b. The name,
			 address, and telephone number of the opposing party to the impasse, and the
			 name, address, telephone number, and email address of its bargaining
			 representative or of the chairperson of its bargaining team.
c. A description of the collective bargaining
			 unit involved and the approximate number of employees in the unit.
d. A statement indicating whether the public
			 employer of the unit involved is subject to the budget certification
			 requirements of Iowa Code section
			 24.17 and, if the public
			 employer is not subject to those requirements, a statement of the date upon
			 which the public employer's next fiscal or budget year commences.
e. A statement indicating whether the
			 bargaining unit is a public safety or non-public safety unit as specified by
			 Iowa Code section 20.3 and rule
			 621-6.4 (20).
f. A concise and specific listing of the
			 negotiated items upon which the parties have reached impasse.
g. A statement from the requesting party
			 indicating whether the parties anticipate utilizing mediation services or the
			 parties are putting PERB on notice that the employer and certified employee
			 organization have commenced bargaining of a new contract. If the original
			 request is filed for the purpose of compliance with Iowa Code section
			 20.22(1)  and
			 is merely notice the employer and certified employee organization have
			 commenced bargaining, and it is later determined mediation services will be
			 required, an amended request for mediation shall be filed with the
			 agency.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 7 - Impasse Procedures › Rule 621-7.5 - Binding Arbitration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request for arbitration.
If the dispute remains unresolved ten
			 days after the effective date of the appointment of the mediator, either party
			 to the impasse may request the board to arrange for binding
			 arbitration.
(2)
Form and
			 contents of request.
The request for arbitration shall be filed with
			 the agency through suPERB and shall include the name, address, email address,
			 and signature of the requesting party and the capacity in which the requesting
			 party is acting.
(3)
Service of request.
The requesting party shall mail or email a
			 copy of the request for arbitration to the opposing party.
(4)
Exchange of final
			 offers.
Within four days of the board's receipt of the request for
			 arbitration, each party shall mail or email its final offer on each of the
			 impasse items to the other party to the impasse. Final offers shall not be
			 amended. A party shall not submit a final offer for arbitration which has not
			 been offered to the other party in the course of negotiations.
(5)
Selection of arbitrator.
Upon the filing of a timely request for arbitration, the board shall email a
			 list of five arbitrators to the parties. Within five days from when that email
			 is sent, the parties shall select their arbitrator from the list in the manner
			 specified in Iowa Code section
			 20.22(4).
(6)
Date and conduct of
			 hearings.
a. Impasse items are
			 deemed submitted to binding arbitration on the date of the commencement of the
			 arbitration hearing, regardless of its duration. In disputes where the public
			 employer is a community college, or where all or a portion of the public
			 employees in the bargaining unit are teachers licensed under Iowa Code chapter
			 272 and the public employer is a school district or area education agency, the
			 submission of impasse items to binding arbitration shall occur not later than
			 May 13 of the year when the resulting collective bargaining agreement is to
			 become effective.
b. Arbitration
			 hearings shall be open to the public and shall be recorded either by mechanized
			 means or by a certified shorthand reporter.
c. The arbitration hearing shall be limited
			 to those factors listed in Iowa Code section
			 20.22 and subrules 7.5(7) and
			 7.5(8) and such other relevant factors as may enable the arbitrator to select
			 the most reasonable offer, in the arbitrator's judgment, of the final offers
			 submitted by the parties on each impasse item. Arbitrators appointed pursuant
			 to impasse procedures agreed upon by the parties shall likewise consider these
			 same factors.
During the hearing, 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 Iowa Code section
				20.9, except as required for purposes of the consideration of the factors
				specified in subrule 7.5(7) and paragraph 7.5(8)
"a."
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 7 - Impasse Procedures › Rule 621-7.7 - Impasse Procedures for State Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedures.
Statutory
			 procedures in Iowa Code sections
			 20.20 to
			 20.22, and independent impasse
			 procedures negotiated by the parties must provide that the impasse be submitted
			 to binding arbitration and the arbitration hearing concluded no later than
			 February 28, and that any arbitrator's award will be issued on or before March
			 15. This rule does not preclude the parties from mutually agreeing to a date
			 other than February 28, but the agreement must result in an arbitration award
			 on or before March 15.
(2)
Procedures for state agreements effective in a year following an Iowa
			 Code section 39.9 gubernatorial
			 election.
a. A ratification election
			 referred to in Iowa Code section
			 20.17(4)  shall
			 not be held and the parties shall not request arbitration pursuant to Iowa Code
			 section 20.22(1)  until
			 at least two weeks after the beginning date of the governor's term of
			 office.
b. Within five days from
			 the beginning date of the governor's term of office, the governor shall accept
			 or reject a proposed statewide collective bargaining agreement if one exists.
			 If the proposed agreement is rejected, the parties shall commence bargaining
			 anew in accordance with Iowa Code section
			 20.17 and exchange initial
			 proposals within the same five-day period.
c. Negotiations shall be complete not later
			 than March 15 of that year unless the parties mutually agree to a different
			 deadline.
d. The parties shall
			 mutually agree to alternative deadlines for the completion of bargaining
			 procedures set forth in Iowa Code sections
			 20.19,
			 20.20, and
			 20.22 to ensure the completion
			 of negotiations not later than March 15 or other mutually agreeable
			 deadline.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 8 - Internal Conduct of Employee Organizations › Rule 621-8.1 - Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Before the agency certifies an employee organization as the
				exclusive representative of a bargaining unit, the employee organization shall
				upload in suPERB a registration report, constitution and bylaws, and an annual
				report. Once certified, the certified employee organization shall thereafter
				file an annual report as required by rule
				621-8.4 (20) and a registration
				report and constitution and bylaws whenever its constitution or bylaws are
				amended as required by rules
				621-8.2 (20) and
				621-8.3 (20).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 8 - Internal Conduct of Employee Organizations › Rule 621-8.2 - Registration Report

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of filing.
An employee organization shall file a complete
			 registration report:
a. Before the employee
			 organization may be certified as the exclusive representative of a bargaining
			 unit; and
b. Once the employee
			 organization is certified, whenever changes or amendments are made to its
			 constitution or bylaws; or
c. When
			 the certified employee organization files a petition to amend its
			 certification.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 8 - Internal Conduct of Employee Organizations › Rule 621-8.3 - Constitution and Bylaws

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of filing.
An
			 employee organization shall file its constitution and bylaws:
a. Before the employee organization may be
			 certified as the exclusive representative of a bargaining unit; and
b. Once the employee organization is
			 certified, whenever changes or amendments are made to its constitution or
			 bylaws; or
c. When the certified
			 employee organization files a petition to amend its
			 certification.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 8 - Internal Conduct of Employee Organizations › Rule 621-8.4 - Annual Report

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time
			 of filing.
An employee organization shall file a complete annual
			 report:
a. Before the employee organization
			 may be certified as the exclusive representative of a bargaining unit;
			 and
b. Once the employee
			 organization is certified, within 90 days following the certified employee
			 organization's fiscal year end; and
c. When the certified employee organization
			 files a petition to amend its certification.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 8 - Internal Conduct of Employee Organizations › Rule 621-8.5 - Bond Required

Current through Register Vol. 47, No. 3, July 24, 2024
Every person required by Iowa Code section
				20.25(3)
"c"
to be bonded shall be bonded to provide protection
				against loss by reason of act of fraud or dishonesty on the part of such
				person, directly or through connivance with others.
(1)
Bond requirements.
The
			 bond of each such person shall be fixed at the beginning of the employee
			 organization's fiscal year and shall be in an amount of not less than 10
			 percent of the funds handled by such person or that person's predecessor or
			 predecessors, if any, during the preceding fiscal year, but in no case less
			 than $2,000 nor more than $500,000. If the employee organization or the trust
			 in which an employee organization is interested does not have a preceding
			 fiscal year, the amount of the bond shall not be less than $2,000. Such bonds
			 shall have a corporate surety company as surety thereon.
(2)
Prohibitions.
Any person
			 who is not covered by such bonds shall not be permitted to receive, handle,
			 disburse or otherwise exercise control of the funds or other property of an
			 employee organization or of a trust in which an employee organization is
			 interested. No such bond shall be placed through an agent or broker or with a
			 surety company in which any employee organization or any officer, agent, shop
			 steward or other representative of an employee organization has any direct or
			 indirect interest.