Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 5 - Elections › Rule 621-5.6 - Decertification Elections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible voter list.
Upon the agency's determination that a
			 decertification petition is supported by an adequate showing of interest in
			 accordance with rule 621-4.3 (20), the agency shall
			 file an order directing that an election be conducted in a specified manner not
			 less than 150 days before the expiration date of the bargaining unit's
			 collective bargaining agreement and that the employer submit a list of eligible
			 voters pursuant to rule
			 621-5.2 (20), unless the
			 election is barred by subrule 5.6(6). The agency may, at the agency's
			 discretion, dismiss a decertification petition if the agency determines that an
			 election cannot be conducted at least 150 days before the expiration date of
			 the bargaining unit's collective bargaining agreement.
(2)
Payment of election fee.
The election fee shall be based on the initial employee list provided by the
			 employer to verify the showing of interest pursuant to 621-subrule 4.3(3).
			 After the filing of a decertification petition, but no later than seven days
			 after the agency's filing of an order directing an election, the certified
			 employee organization shall pay the applicable election fee to the agency,
			 unless the organization's written request for an extension of time to pay the
			 fee for good cause is granted by the agency. The election fee shall be paid by
			 check payable to the agency and is deemed paid upon receipt by the agency or,
			 if submitted by mail, on the date of the U.S. Postal Service postmark affixed
			 to the envelope in which the payment was mailed. The agency will not conduct an
			 election prior to receiving the applicable election fee. A certified employee
			 organization's failure to pay the applicable election fee in a timely manner
			 shall result in the revocation of the employee organization's
			 certification.
(3)
Notice
			 of election.
Following the employer's submission of the list of
			 eligible voters and the employee organization's payment of the applicable
			 election fee, the agency shall file a notice of election containing a sample
			 ballot or script and setting forth the date, time, place, method, and purpose
			 of the election, and such additional information as the agency may deem
			 appropriate. The employer shall promptly distribute, electronically or by hard
			 copy, the notice to the affected employees. The employer shall also promptly
			 post the notice in the manner and locations customarily used for the posting of
			 information to employees.
(4)
Ballots.
Ballots shall contain the question "Do you want [name
			 of certified employee organization] to be decertified by the Public Employment
			 Relations Board and cease to be your exclusive bargaining representative?"
			 followed by the choices "Yes, I no longer wish to be represented by [name of
			 certified employee organization]" or "No, I want to continue to be represented
			 by [name of certified employee organization]."
(5)
Certification of
			 results.
a. Upon completion of a
			 valid decertification election in which a majority of the employees in the
			 bargaining unit voted to decertify the employee organization, the agency shall
			 file an order decertifying the employee organization as the exclusive
			 bargaining representative of the employees in the bargaining unit.
b. Upon completion of a valid decertification
			 election in which a majority of the employees in the bargaining unit did not
			 vote to decertify the employee organization, the agency shall file an order
			 continuing the certification of the employee organization as the exclusive
			 bargaining representative of the employees in the bargaining unit.