FAQs
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| Question | Answer |
|---|---|
| Can I as an employee in a bargaining unit petition PERB to "decertify" my certified employee representative? | If supported by at least 30% of the employees in the represented bargaining unit, an employee in the unit can petition PERB to hold a “representative decertification” election to determine whether the unit’s existing representative will be “decertified” and cease to be the unit’s bargaining... |
| I want out of the union; how do I do that? | Initially, an employee in this situation needs to understand the concepts of the “bargaining unit” and how an employee organization becomes “certified” as the bargaining unit’s exclusive representative for purposes of collective bargaining with the public employer, discussed in the answer to the... |
| Can I as an individual employee petition PERB to "certify" a union to be my representative? | No. Although a “bargaining unit determination” petition may be filed by a public employee, only an employer or an employee organization seeking to represent a bargaining unit can petition for a “representative certification” election. Consequently, an employee interested in being represented by an... |
| How does an employee organization become "certified" by PERB to represent a bargaining unit of employees? | An employee organization becomes the legal representative of a bargaining unit by petitioning PERB to hold a secret-ballot election among the employees in that unit to see if they choose to be represented by that employee organization. Every employee who is employed in the bargaining unit on... |
| Who decides whether I win or lose at the hearing? | There are several possible decision makers. Many hearings are held before Administrative Law Judges. Any decision from the Administrative Law Judge may be appealed to the agency itself. Or a hearing could be held before members of the agency that will decide your case. Whomever decides your case, a... |
| Do I need to hire a lawyer? | No, you may represent yourself. You may hire a lawyer to represent you at your own expense, but you do not have to have a lawyer to participate in proceedings before the agency. You may also have a person who is not a lawyer attend the hearing and speak for you, unless the hearing concerns... |
| I want out of the union; how do I do that? | Initially, an employee in this situation needs to understand the concepts of the “bargaining unit” and how an employee organization becomes “certified” as the bargaining unit’s exclusive representative for purposes of collective bargaining with the public employer, discussed in the answer to the... |
| What is the role of the Administrative Law Judge serving as the presiding officer? | The Administrative Law Judge (ALJ) assigned as a presiding officer in a contested case is a neutral decision maker who must make a proposed decision after hearing all of the evidence presented by the parties. You should not call the presiding officer for legal advice or to discuss the case. The ALJ... |
| How do I request mediation services? | Parties must use the request form prescribed by PERB to request mediation services. Either the employer or the certified employee organization may request mediation. A fillable PDF version of this form can be found under FORMS . An original and one copy of the request for mediation shall be filed... |
| Where can I find collective bargaining agreements? | PERB maintains more recent (2010-present) contracts on its website. Click on the " Searchable Database " link found in the upper right hand corner on our website’s main page. From the available databases, select the appropriate database (“Iowa Contracts” or “Iowa Contract Archive”) and conduct your... |