reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 14 - Arbitrators › Rule 621-14.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Advocate"
means a person who represents
				employers, employee organizations, or individuals or entities in labor
				relations or employment relations matters, including but not limited to the
				subjects of union representation and recognition matters, negotiations,
				mediation, arbitration, unfair or prohibited labor practices, equal employment
				opportunity, and other areas generally recognized as constituting labor or
				employment relations. "Advocate" includes representatives of employers or
				employees in individual cases or controversies involving workers' compensation,
				occupational health or safety, minimum wage, or other labor standards matters.
				"Advocate" also includes persons directly or indirectly associated with an
				advocate in a business or professional relationship as, for example, partners
				or employees of a law firm.
"Arbitrator"
means a person serving as a
				neutral decision-maker in interest arbitrations or grievance
				arbitrations.
"Grievance arbitration"
means the proceedings
				on an alleged contract violation as provided in a collective bargaining
				agreement entered into pursuant to Iowa Code chapter 20.
"Grievance arbitrator"
means a person serving
				as a neutral decision-maker in a grievance arbitration.
"Interest arbitration"
means the binding
				arbitration contemplated by Iowa Code section
				20.22 or by
				an impasse agreement entered into pursuant to Iowa Code section
				20.19.
"Interest arbitrator"
means a person serving
				as a neutral decision-maker in an interest arbitration.
"Qualified-arbitrator roster"
or
"roster"
means the agency-maintained list of arbitrators who
				have met the criteria set forth in this chapter.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 14 - Arbitrators › Rule 621-14.3 - Roster and Status of Members

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The roster. The agency shall maintain a
			 roster of arbitrators who meet the criteria for listing contained in rule
			 621-14.5 (20)
			 and who remain in good standing.
(2) Adherence to standards and requirements.
			 Persons listed on the roster shall comply with the agency's administrative
			 rules pertaining to arbitrators. Arbitrators shall conform to the ethical
			 standards and procedures set forth in the current Code of Professional
			 Responsibility for Arbitrators of Labor Management Disputes, as approved and
			 published by the National Academy of Arbitrators, Federal Mediation and
			 Conciliation Service, and the American Arbitration Association.
(3) Status of arbitrators. Persons who are
			 listed on the roster are not employees of the state of Iowa. A selected
			 arbitrator's contractual relationship is solely with the parties to the
			 dispute.
(4) Roster listing fee. An
			 annual listing fee of $150 for each roster member is established to maintain
			 the roster. Roster members shall remit payment to the agency by November 1 each
			 year. This fee shall be considered a repayment receipt as defined in Iowa Code
			 section
			 8.2.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 14 - Arbitrators › Rule 621-14.5 - Arbitrator Roster

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Categories of arbitrators.
The roster shall consist of two
			 categories of arbitrators:
a. Interest
			 arbitrators; and
b. Grievance
			 arbitrators.
Persons may be listed on the roster in each category in which
				they meet the criteria.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 14 - Arbitrators › Rule 621-14.6 - Interest Arbitrator Mentorship Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Goal.
It is a goal of
			 the board to increase the number of Iowa residents qualified to be on the
			 roster. Such increase should provide constituents additional options for hiring
			 arbitrators whose reimbursable expenses, such as for mileage and
			 accommodations, are lower and who are more familiar with situations facing the
			 parties. The board may suspend the interest arbitrator mentorship program at
			 any time.
(2)
Application
			 procedures.
Persons seeking to participate in the program must
			 complete and submit an application on a form prescribed by the board. The board
			 will review the application and make a final decision whether an applicant
			 qualifies for the program in accordance with subrule 14.6(3). Each applicant
			 shall be notified in writing of the board's decision.
(3)
Qualifications.
To be
			 eligible to participate in the program, an applicant must meet the following
			 qualifications:
a. Be a resident of the state
			 of Iowa at the time of application and throughout the duration of the
			 mentorship program and maintain the residency for the first year of
			 listing;
b. Have at least five
			 years of collective bargaining experience in the public or private sector as an
			 advocate, mediator, or combination of both;
c. Possess good verbal and written
			 communication skills;
d. Have the
			 ability and willingness to travel throughout Iowa and to work prolonged and
			 unusual hours; and
e. Not have a
			 conflict of interest as described in subrule 14.8(1).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 14 - Arbitrators › Rule 621-14.7 - Biography

Current through Register Vol. 47, No. 3, July 24, 2024
Each roster member shall maintain a biography in a form
				prescribed by the board. The roster member is responsible for ensuring that the
				biography is accurate and current. The agency bears no responsibility for
				inaccurate, incomplete, or outdated information in biographies. The member's
				biography shall contain the following:
1. Name, address, telephone number, and
			 e-mail address;
2. Current and past
			 employment, including the member's representative client base if not readily
			 identifiable;
3. Education
			 history;
4. Per diem rate and other
			 applicable charges or fees;
5.
			 Relevant experience, including but not limited to listing on other arbitrator
			 rosters or memberships/associations; and
6. Potential or actual conflicts of interest
			 as described in subrule 14.8(1).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 14 - Arbitrators › Rule 621-14.8 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Conflict of interest. The board shall determine whether a person has a conflict
			 of interest which may require denial of an initial or renewal application or
			 removal from the roster or from individual selections. A conflict of interest
			 arises where:
a. An arbitrator is or has been
			 an employee or advocate for a party to the arbitration within the prior two
			 years;
b. An arbitrator's immediate
			 family member, or any other person with whom the arbitrator has close, personal
			 ties, is an interested party in the outcome of the arbitration; or
c. Any other matter that may create an
			 appearance of bias, lack of impartiality, or interest in the proceedings to
			 which the arbitrator may be or has been selected.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 14 - Arbitrators › Rule 621-14.9 - Procedures for Discipline and Removal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Grounds. Probation, suspension, or
			 removal from the roster may be based upon one or a combination of any of the
			 following, including but not limited to:
a.
			 Failure to comply with statutory provisions, the agency's administrative rules,
			 and agency guidelines and policies;
b. Delinquency in submitting
			 awards;
c. Existence of a conflict
			 of interest as described in subrule 14.8(1) that requires exclusion from the
			 roster;
d. Failure to disclose to
			 the board or the parties any conflict of interest as described in subrule
			 14.8(1);
e. Failure to demonstrate
			 the requisite knowledge and abilities listed in subrule 14.5(3);
f. Any other reason for which the board deems
			 discipline or removal to be in the best interest of the agency, its
			 constituents, or the public at large.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 14 - Arbitrators › Rule 621-14.10 - Inactive Status

Current through Register Vol. 47, No. 3, July 24, 2024
A roster member who continues to meet the criteria for listing
				on the roster shall inform the agency if the member is unavailable for
				selection on a temporary basis because of illness, vacation, schedule, or other
				reasons. That member's name will not be included on a list of arbitrators sent
				to parties during the period in which the member is
				unavailable.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.1 - General Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
When an employer and certified employee organization are
				parties to a collective bargaining agreement, the agency shall conduct an
				election, prior to the expiration of a collective bargaining agreement between
				an employer and a certified employee organization, to determine if the
				employees in a represented bargaining unit wish to retain and recertify the
				unit's certified representative. The agency shall determine the date of the
				election or election period and the place, method, and other procedural aspects
				of conducting a retention and recertification 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.
Official notices relevant to the election will be delivered
				through secure upload PERB (suPERB). Each election will be assigned a "BU"
				number in suPERB. A party shall file electronically all documents in the
				party's respective BU case file in suPERB unless the rules specify otherwise.
				Notification of events requiring attention of parties shall be produced by
				suPERB. The election fee shall be calculated and delivered to employee
				representatives through suPERB.
Employers and certified employee organizations shall have a
				representative or agent for service listed in suPERB and the electronic
				document management system (EDMS). Employers and certified employee
				organizations have a continuing duty to update the representative or agent for
				service in suPERB and EDMS. Employees in a bargaining unit designated as a
				transit unit will not be subject to retention and recertification
				elections.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.2 - Election Calendar

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fall election.
a. The fall
			 election shall be conducted by electronic voting provided for by a vendor
			 selected by the agency.
b. The fall
			 election shall commence on the second Tuesday in October at 8 a.m. and shall
			 apply to all collective bargaining agreements which expire the following year
			 on June 30 or on a date between 270 and 365 days after the end of the
			 election.
c. Voting in the fall
			 election shall cease at 9 a.m. on the fourth Tuesday in October following the
			 commencement of the election.
d.
			 The fall election calendar shall be as follows (if any event designated by this
			 subrule occurs on a Saturday or Sunday or any day on which the agency's office
			 is closed due to a state holiday, the time for the event shall be extended to
			 include the next business day):
Event Date
Event
August 1
Employers may voluntarily begin to upload voter lists
						  in suPERB.
August 15
The agency files notices of intent to conduct a
						  retention/recertification election.
August 18
Any contract extensions must be received by the agency.
						  If the parties reach an agreement on an extension and have notified the agency
						  in writing by this date, an election will not be conducted. Additionally, if
						  either party chooses to file an objection to the notice of intent to conduct a
						  recertification/retention election, such objections must be filed in
						  EDMS.
August 25
Deadline for an employer to upload a voter list in
						  suPERB.
August 26
If an employer fails to upload the voter list, the
						  agency will file a notice of show cause hearing to be held.
August 28
Employer show cause hearings, if necessary, must be
						  completed.
September 1
Deadline for employee organizations to approve the
						  employer's voter list in suPERB.
September 2
If an employee organization fails to approve the voter
						  list, the agency will file a notice of show cause hearing to be held.
September 4
Employee organizations' show cause hearings, if
						  necessary, must be completed.
September 9
The agency shall notify employee organizations of the
						  applicable fees for the retention/recertification election.
September 19
Deadline for employee organizations to submit the
						  retention/recertification fee. This is also the last day for the parties to
						  agree to changes to the voting list.
September 20
The agency shall issue the order directing the
						  retention/recertification election.
Second Tuesday in October
Commencement of election period beginning at 8
						  a.m.
Fourth Tuesday in October
Cessation of election period at 9 a.m.
Ten days following the fourth Tuesday in October
Deadline for e-filing of objections.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.3 - General Election Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of intent to conduct an election.
PERB will issue a
			 notice of intent to conduct an election on August 15 for fall elections and
			 January 15 for spring elections to both the employer and employee
			 representatives designated in suPERB.
(2)
Initial filing of approved list
			 by employer.
a. When the agency
			 files a notice of intent to conduct a retention and recertification election,
			 the employer shall, no later than August 25 for fall elections and no later
			 than January 25 for spring elections, submit to the agency through suPERB an
			 alphabetical list of the names; addresses; email addresses, if known; telephone
			 numbers, if known; and job classifications of the employees in the bargaining
			 unit. When a telephonic/web-based election is ordered, the list of eligible
			 voters shall include an alphabetical list of the names; addresses; email
			 addresses, if known; telephone numbers, if known; job classifications of the
			 employees; each employee's date of birth; the last four digits of each
			 employee's social security number; and any other information required by the
			 agency.
b. The employer shall email
			 the certified employee organization's representatives that it submitted the
			 list in suPERB. The suPERB system shall notify the parties that the employer
			 filed the list.
c. For each
			 election, the employer is obligated to file a new list. If the employer
			 uploaded a current list of employees and their relevant information in the
			 designated bargaining unit satisfying this subrule prior to August 1, the
			 employer will approve the previously uploaded list in suPERB. For spring
			 elections, this date will be January 1. The employer may upload a list prior to
			 the filing by the agency of the notice of intent to conduct an election. The
			 employer may do so any time after August 1 for fall elections and any time
			 after January 1 for spring elections. Lists uploaded prior to the filing of the
			 notice of intent to conduct an election shall be used for the upcoming
			 election.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.4 - Election Fee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Computation of election fee.
a.
Fall election fee.
The
			 fee for fall elections shall be the greater of $2 per voter or $20 per
			 bargaining unit. Employee organizations will be notified by suPERB on September
			 9 of the required fee and will have until September 19 to pay the election fee
			 in accordance with subrules 15.2(1) and 15.4(5).
b.
Spring election fee.
The
			 fee for spring elections shall be the greater of $3 per voter or $50 per
			 bargaining unit. Employee organizations will be notified by suPERB on February
			 9 of the required fee and will have until February 19 to pay the election fee
			 in accordance with subrules 15.2(2) and 15.4(5).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.5 - Election Notice and Electioneering

Current through Register Vol. 47, No. 3, July 24, 2024
Following the public employer's submission of the list of
				eligible voters as provided in rule
				621-15.3 (20) and the agency's
				receipt of the applicable election fee from the certified employee
				organization, the agency will file an order directing a retention and
				recertification election in suPERB. Notice shall be provided to the employer
				representative and employee representative. 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. Such
				notice shall contain a sample ballot or script and shall set forth the dates of
				the election period; the time, place, method, and purpose of the election; and
				such additional information as the agency may deem
				appropriate.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.6 - Tallying and Certification of Results

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Ballots.
Ballots shall
			 contain the question, "Do you want [name of certified employee organization] to
			 be retained and recertified and continue to be your exclusive bargaining
			 representative?" followed by the choices "Yes" or "No."
(2)
Recertifying employee
			 organization.
Upon completion of a valid retention and recertification
			 election in which an employee organization received the votes of a majority of
			 employees in the bargaining unit, the agency shall file an order recertifying
			 the employee organization as the exclusive bargaining representative of the
			 employees in the bargaining unit. This notice shall be filed in suPERB and be
			 available to both the employer and employee representative.
(3)
Decertifying employee
			 organization.
Upon completion of a valid retention and recertification
			 election in which a majority of the public employees in the bargaining unit did
			 not vote to retain and recertify the representative, the agency, after the
			 period for filing objections has lapsed, shall immediately file an order
			 decertifying the employee organization as the exclusive bargaining
			 representative of the employees in the bargaining unit. The public employees
			 shall not be represented by the employee organization except when pursuant to
			 the filing of a subsequent petition for certification of an employee
			 organization as provided in Iowa Code section
			 20.14 and an election conducted
			 pursuant to such petition.
(4)
Inoperable voting system.
The board may extend the period of
			 the election due to inoperable voting systems.
(5)
Alternate voting method.
When a voter promptly informs the agency of the voter's inability to cast a
			 ballot using the designated methods of voting, the agency shall assist the
			 voter in using an alternate method to cast a secret ballot.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.7 - Objections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Objection and notice regarding notice of intent to conduct an
			 election.
a. The certified employee
			 organization or public employer may file an objection asserting that the
			 election should not be conducted for reasons set forth in the objection. The
			 objection shall be in writing and electronically filed in EDMS no later than
			 seven days following the date of the notice of intent to conduct an election.
			 The agency may conduct a preliminary investigation of the objection and
			 determine if the objection has merit. The agency may informally resolve
			 objections and will dismiss objections without merit. The agency will schedule
			 hearings for all other objections. Hearings on objections shall be conducted
			 pursuant to 621-Chapter 2. The objecting party shall present its evidence
			 first.
b. If the agency fails to
			 file a notice of intent to conduct an election, the public employer or
			 certified employee organization may file with the agency in suPERB a notice
			 asserting the election should be conducted for reasons set forth in the notice.
			 The notice shall be electronically filed no later than seven days following the
			 date the notice of intent to conduct an election should have been filed
			 pursuant to the retention and recertification election schedule as set forth by
			 the agency. The parties shall submit to the agency all relevant information
			 requested. The agency shall conduct an investigation to determine whether the
			 election is required by statute and rule.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.8 - Spring Elections

Current through Register Vol. 47, No. 3, July 24, 2024
Spring elections will be conducted with mail-ballot election
				procedures described in 621-subrule 5.3(2). The ballots will be mailed by the
				agency in accordance with subrule 15.2(2).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.9 - Elections Not 270 Days to 365 Days After Fall or Spring Election

Current through Register Vol. 47, No. 3, July 24, 2024
If the date of expiration of a collective bargaining agreement
				requires an election not 270 days to 365 days after the fall or spring
				election, suPERB will immediately alert the agency, the employer and the
				employee representatives. In this event, PERB will within 14 days establish a
				future date of election to be held beginning on a Monday of the first full week
				in an appropriate month that allows for compliance with Iowa Code section
				20.15(2)
"a."
All applicable dates will be established upon the
				selection of the election time period and will follow the same general
				procedures and timelines described in this chapter.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 15 - Retention and Recertification Elections › Rule 621-15.10 - Transit Units

Current through Register Vol. 47, No. 3, July 24, 2024
Units recognized as transit units under Iowa Code section
				20.32 and designated as such in
				suPERB pursuant to 621-subrule 6.6(3) will not be served a notice of intent to
				conduct an election. If a transit unit does receive a notice in error, the unit
				may immediately petition the board to be removed from the election. The agency
				may informally determine the unit's transit status and remove the unit from the
				recertification election. Once a transit determination has been made, the unit
				shall be considered transit by default unless designated
				otherwise.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.1 - Effective Date and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter governs the filing of documents in all proceedings
				before the agency, or those proceedings converted to electronic proceedings
				upon the board's order. To the extent the rules in this chapter are
				inconsistent with any other administrative rule of the board, the rules in this
				chapter shall govern.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.3 - Electronic Document Management System (EDMS) Registration, Username, and Password

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration.
a.
Registration required.
Every individual filing documents or
			 viewing or downloading filed documents must register as a registered user of
			 the electronic document management system.
b.
How to register.
To
			 register, the individual must complete the registration process located at
			 perb.iowa.gov/efiling and obtain a username and password for the electronic
			 document management system.
c.
Registration complete.
When the registration process is
			 completed, the registered user will be assigned a username and password and the
			 registered user may utilize the electronic document management
			 system.
d.
Changing
			 passwords.
Once registered, the user may change the user's password.
			 If the registered user believes the security of an existing password has been
			 compromised, the registered user must change the password immediately. The
			 agency may require password changes periodically.
e.
Changes in registered user's
			 contact information.
If a registered user's email address, mailing
			 address, or telephone number changes, the user must promptly make the necessary
			 changes to the registered user's information contained in the electronic
			 document management system. The registered user shall promptly give notice of
			 changes in contact information to any nonregistered party in every active
			 proceeding in which the registered user is a party.
f.
Duties of registered
			 user.
Each registered user shall ensure that the user's email account
			 information is current, that the account is monitored regularly, and that email
			 notices sent to the account are timely opened.
g.
Canceling registration.
Withdrawal from participation in the electronic document management system
			 cancels the registered user's profile but does not authorize nonelectronic
			 filing of documents and is not a withdrawal from a proceeding.
h.
Agency-initiated
			 registration.
The agency may complete the registration process on
			 behalf of an individual in certain instances and email the username and
			 password to the user. When the agency completes the registration process, the
			 user is required to promptly log in and change the password. Following initial
			 notification regarding account registration, the user is required to promptly
			 update and maintain accurate contact information for the EDMS
			 account.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.4 - Mandatory Electronic Filing and Exceptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Electronic filing
			 mandatory.
Unless otherwise required or authorized by these rules,
			 documents in all proceedings and documents required to be filed pursuant to
			 621-Chapter 8 must be filed using the agency's electronic document management
			 system.
(2)
Exceptions.
a. A show of
			 interest submitted in a representative certification, combined bargaining unit
			 determination or reconsideration/representative certification, or
			 decertification proceeding shall not be filed electronically.
b. Any item that is not capable of being
			 filed in an electronic format shall be filed in a nonelectronic
			 format.
c. Upon a showing of
			 exceptional circumstances that it is not feasible for an individual to file
			 documents by electronic means, the board may excuse the individual from
			 electronic filing in a particular proceeding.
d. A voter eligibility list submitted by an
			 employer shall be emailed to the agency as provided in 621-subrule
			 5.2(2).
e. All filings in
			 proceedings initially filed prior to January 1, 2015, unless converted to an
			 electronic proceeding by board order, shall not be filed
			 electronically.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.5 - Filing of Paper Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Conversion of paper documents filed. If the board allows a party to file paper
			 documents in accordance with paragraph 16.4(2)"c, " the agency will convert the
			 filed documents to an electronic format viewable to registered users of the
			 electronic document management system.
(2) Form of paper documents. Each document
			 must be printed on only one side and be delivered to the agency with no tabs,
			 staples, or permanent clips, but may be organized with paperclips, clamps, or
			 some other type of temporary fastener or may be delivered to the agency in an
			 appropriate file folder.
(3) Return
			 of copies by mail. If a party wants a document filed in paper form to be
			 returned by mail, the party must deliver to the agency a self-addressed
			 envelope, with proper postage, large enough to accommodate the returned
			 document.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.6 - Date and Time of Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Date of filing.
An electronic filing may be made any day of
			 the week, including holidays and weekends, and any time of the day the
			 electronic document management system is available.
(2)
Time of filing.
A
			 document is timely filed if it is filed before midnight on the date the filing
			 is due.
(3)
Returned
			 filing.
A rejected filing is not filed. In such instances, the date
			 and time of filing will be when the filer submits a corrected document and it
			 is approved.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.7 - Signatures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Registered
			 user. A usemame and password accompanied by a digitized, electronic, or
			 nonelectronic signature serve as the registered user's signature on all
			 electronically filed documents.
(2)
			 Documents requiring oaths, affirmations or verifications. Any document filed
			 requiring a signature under oath or affirmation or with verification may be
			 signed electronically or nonelectronically but shall be filed
			 electronically.
(3) Format. Any
			 filing requiring a signature must be signed, with either a nonelectronic
			 signature (actual signature scanned), an electronic signature (the symbol "/s/"
			 or "/registered user's name/"), or a digitized signature (an inserted image of
			 a handwritten signature). The following information about the person shall be
			 included under the person's signature:
a.
			 Name;
b. Name of firm, certified
			 employee organization, or governmental agency;
c. Mailing address;
d. Telephone number; and
e. E-mail address.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.8 - Redaction of Electronic Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Responsibilities of filers
			 generally.
a. Prior to filing any
			 document, the registered user shall ensure that the document is certified as
			 confidential or the confidential information is omitted or redacted in
			 accordance with 621-subrule 2.13(2), and that protected information is omitted
			 or redacted in accordance with 621-subrule 2.13(3). This responsibility exists
			 even when the filer did not create the document.
b. The agency will not review filings to
			 determine whether appropriate omissions or redactions have been made. The
			 agency will not, on the agency's own initiative, redact or restrict access to
			 documents containing protected information.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.9 - General Requirements When Filing Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Format.
All documents
			 must be converted to a PDF before they are filed in EDMS. Documents submitted
			 must be properly scanned, which includes having the pages in the correct order
			 and facing right-side up and having the scanned content of the document be
			 legible.
(2)
Separating
			 documents.
Each document must be separated and uploaded with the
			 correct document type selection on the document upload page. Any attachments to
			 a document shall be uploaded as such and linked to the correct document prior
			 to submission.
(3)
Selecting document types.
For each electronically filed
			 document, a filer must choose an accurate document type from the options listed
			 on the document upload page. Once a document is submitted into EDMS, only the
			 agency may make corrections to the document type the filer has
			 chosen.
(4)
Correcting
			 errors.
If a filer discovers an error in the electronic filing or
			 docketing of a document, the filer must contact the agency as soon as possible.
			 When contacting the agency, the filer must have available the case number of
			 the document that was filed or docketed erroneously. If the agency discovers an
			 error in the filing or docketing of a document, the agency will ordinarily
			 notify the filer of the error and advise the filer of what further action the
			 filer must take, if any, to address the error.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.10 - Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Initial filing.
			 An initial filing in a proceeding shall be served upon other parties
			 nonelectronically in the manner specified in rule
			 621-2.15
			 (20). The document being served must be accompanied by an agency-approved
			 information sheet regarding mandatory electronic filing. Unless exempted by
			 subrule 16.4(2), proof of service of the initial filing shall be electronically
			 filed.
(2) Subsequent filings. All
			 subsequent filings shall be electronically served via the electronic document
			 management system, unless a party to the proceeding is exempted from
			 electronically filing documents by subrule 16.4(2). If a party is so exempted,
			 all documents filed by all parties to the proceeding shall be served in
			 accordance with rule
			 621-2.15
			 (20).
(3) Proof of service of
			 nonelectronic filings.
a. Parties filing
			 pursuant to paragraph 16.4(2)"b " shall file a proof of service
			 electronically.
b. Parties filing
			 pursuant to the exceptional circumstances provision in paragraph 16.4(2)"c "
			 must attach a nonelectronic proof of service to the filing.
c. Parties to a proceeding initially filed
			 prior to January 1,2015, must attach a nonelectronic proof of service to their
			 nonelectronic filings.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.11 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
Parties shall file a notice with the agency when a notice of
				deposition or a discovery request or response is served on another party. The
				notice filed with the agency shall include the date, manner of service, and the
				names and addresses of the persons served. Other discovery materials shall not
				be filed unless ordered by the presiding officer.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.12 - Transcripts, Briefs and Exhibits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Transcripts.
If a
			 hearing or oral argument is transcribed, the transcript shall be made available
			 to registered users electronically after final agency action.
(2)
Briefs.
Briefs and
			 memoranda shall be electronically filed. Page numbers should be located at the
			 bottom center of each page and numbered consecutively using Arabic whole
			 numbers. The cover page should be numbered one.
(3)
Exhibits.
Prior to
			 offering an exhibit, the submitting party must redact the exhibit pursuant to
			 rule 621-16.8 (20). A party's
			 exhibits admitted into evidence at a hearing shall be electronically filed by
			 the party not later than the date ordered by the presiding officer or board.
			 All exhibits shall be marked with an identifying number or letter, whichever is
			 applicable. For each exhibit, the pages must be numbered consecutively with the
			 first page numbered one.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.13 - Public Access With Exceptions for Closed Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General rule.
All
			 filings with the agency are public unless system-restricted or filed with
			 restricted access. Electronic filing does not affect public access to agency
			 files.
(2)
Closed
			 hearings.
For proceedings in which a party has elected the right to a
			 closed hearing, all initial pleadings must be filed without restriction. All
			 briefs, exhibits, and transcripts must be filed as "confidential." The decision
			 constituting final agency action will be filed with unrestricted
			 access.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 16 - Electronic Document Management System › Rule 621-16.14 - Secure Upload Perb (suPERB) Registration, Username, and Password

Current through Register Vol. 47, No. 3, July 24, 2024
SuPERB is the document management system used to upload and
				file documentation related to elections, internal conduct of employee
				organizations, contracts, impasse requests, and other documents as prescribed
				by the agency.
(1)
Registration.
a.
Registration required.
Employers, certified employee
			 organizations, and bargaining units must ensure the necessary individuals
			 representing their interest at the agency are registered and their information
			 updated appropriately. Every individual filing documents or downloading filed
			 documents must register as a registered user of suPERB.
b.
How to register.
To
			 register, a user must request the creation of an account from the
			 agency.
c.
Registration
			 complete.
When the registration process is completed, the registered
			 user will be assigned a username and password and the registered user may
			 utilize suPERB.
d.
Changing
			 passwords.
Once registered, the user may change the user's password.
			 If the registered user believes the security of an existing password has been
			 compromised, the registered user must change the password immediately. The
			 agency may require password changes periodically.
e.
Changes in registered user's
			 contact information.
If a registered user's email address, mailing
			 address, or telephone number changes, the user must promptly make the necessary
			 changes to the registered user's information contained in suPERB. The
			 registered user shall promptly give notice of changes in contact information to
			 any nonregistered party in every active proceeding in which the registered user
			 is a party.
f.
Duties of
			 registered user.
Each registered user shall ensure that the user's
			 email account information is current, that the account is monitored regularly,
			 and that email notices sent to the account are timely opened.
g.
Agency-initiated
			 registration.
The agency may complete the registration process on
			 behalf of an individual in certain instances and email the username and
			 password to the user. When the agency completes the registration process, the
			 user is required to promptly log in and change the password. Following initial
			 notification regarding account registration, the user is required to promptly
			 update and maintain accurate contact information for a suPERB
			 account.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 17 - State Employee Whistleblower Actions › Rule 621-17.1 - Notice of Appeal Rights

Current through Register Vol. 47, No. 3, July 24, 2024
A state executive branch employee, except a merit system
				employee or an employee covered by a collective bargaining agreement, may file
				an appeal with the public employment relations board for adverse employment
				action taken as a result of the employee's disclosure of information protected
				by Iowa Code section
				70A.28.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 17 - State Employee Whistleblower Actions › Rule 621-17.2 - Filing of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Timeline.
The employee must file the appeal within 30 calendar
			 days following the later of the effective date of the action or the date a
			 finding is issued to the employee by the office of ombudsman pursuant to Iowa
			 Code section 2C. 11 A.
(2)
Method of filing.
Appeals shall be electronically filed
			 pursuant to 621-Chapter 16.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 17 - State Employee Whistleblower Actions › Rule 621-17.3 - Service of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
The agency shall serve a copy of the appeal upon the Iowa
				department of administrative services director (hereinafter referred to as the
				director) by ordinary mail in the manner specified in rules
				621-2.15 (20) and
				621-16.10(20).
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 17 - State Employee Whistleblower Actions › Rule 621-17.4 - Content of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 appeal shall contain the following:
a. Name,
			 address, telephone number, and email address of the appealing
			 employee;
b. Name of
			 agency/department by which the appealing employee is/was employed;
c. A brief statement of the reasons for the
			 employee's appeal;
d. A statement
			 of the requested remedy;
e. The
			 name, address, telephone number, and email address of the appealing employee's
			 representative, if any;
f. The
			 signature of the appealing employee or employee's representative;
g. A statement of whether the employee
			 requests a hearing open to the public; and
h. A statement of whether the employee filed
			 a complaint with the office of ombudsman and the date of the filing, if
			 applicable.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 17 - State Employee Whistleblower Actions › Rule 621-17.5 - Content of Director's Response to the Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director shall have 15 days from the
			 date of service of the employee's appeal in which to file a motion or answer
			 with the agency.
(2) The motion or
			 answer shall contain the following:
a. The
			 names of the appealing employee and the employing agency/department;
b. The name, address, telephone number, and
			 email address of the employing agency's/department's representative;
c. The response or answer to the employee's
			 appeal, which shall specifically admit or deny each allegation of the appeal
			 and may set forth additional facts deemed to constitute a defense. If the
			 appellee 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
			 appellant;
d. The signature of the
			 employing agency's/department's representative.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 17 - State Employee Whistleblower Actions › Rule 621-17.6 - Right to a Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
An employee appealing adverse employment action pursuant to
				Iowa Code section
				70A.28
				has a right to a hearing which is closed to the public unless the employee
				requests a hearing open to the public. Hearings will otherwise be conducted in
				accordance with 621-Chapter 2.
Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 17 - State Employee Whistleblower Actions › Rule 621-17.7 - Final Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
			 a majority of the board presides at the reception of the evidence in a state
			 employee whistleblower action proceeding, the decision of the board is the
			 final decision of the agency.
(2)
			 When a majority of the board does not preside at the reception of the evidence
			 in a state employee whistleblower action proceeding, the presiding officer
			 shall make a proposed decision that becomes the final decision of the agency
			 without further proceedings unless:
a. There
			 is an appeal to the board filed within 20 days of the filing of the proposed
			 decision, or
b. The board, within
			 20 days of the filing of the proposed decision, determines to review the
			 decision on its own motion.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 1 - Reportable Diseases, Poisonings and Conditions, and Quarantine and Isolation › Rule 641-1.2 - Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The director is the principal officer of the state to
				administer disease, poisoning and condition, and incident reporting and
				control. The Iowa Cancer Registry, administered by the Department of
				Epidemiology of the College of Public Health at the University of Iowa, is a
				public health authority for purposes of collecting cancer data in accordance
				with this chapter.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 1 - Reportable Diseases, Poisonings and Conditions, and Quarantine and Isolation › Rule 641-1.3 - Reportable Communicable and Infectious Diseases, Poisonings or Conditions, and Cancers

Current through Register Vol. 47, No. 3, July 24, 2024
Reportable communicable and infectious diseases, poisonings and
				conditions under this chapter are those listed in Appendices A and B. The
				director may also designate any disease, poisoning or condition or syndrome
				temporarily reportable for the purpose of a special investigation.
(1)
Cancer.
Pursuant to
			 Public Law 92-218 and Public Law 102-515, each
			 occurrence of a reportable cancer that is diagnosed or treated in an Iowa
			 resident or occurs in a nonresident who is diagnosed or treated in an Iowa
			 facility shall be reported to the Iowa Cancer Registry.
(2)
Congenital and inherited
			 disorders.
Each occurrence of a congenital and inherited disorder that
			 is diagnosed or treated in an Iowa resident or occurs in a nonresident who is
			 diagnosed or treated in an Iowa facility is a reportable condition pursuant to
			 Iowa Code chapter 136A, and records of these congenital and inherited disorders
			 shall be abstracted and maintained in a central registry. Congenital and
			 inherited disorder surveillance shall be performed to determine the occurrence
			 and trends of congenital and inherited disorders, to conduct thorough and
			 complete epidemiological surveys, to assist in the planning for and provision
			 of services to children with congenital and inherited disorders and their
			 families, and to identify environmental and genetic risk factors for congenital
			 and inherited disorders.