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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... |
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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... |
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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... |
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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... |
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As a certified employee organization, what reports must I file with PERB at the end of every fiscal year? |
The statutory annual reporting requirements for certified employee organizations are set out in Iowa Code section 20.25 and PERB rule 621-8.4(20). |
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What if my witness does not show up to the hearing? |
If your witness does not show up, you can ask the presiding officer to continue the hearing to another day. Or you could ask the hearing officer to “hold the record open” to allow the witness to testify at a later date. It is up to the hearing officer whether a continuance is granted or whether the... |
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Are there forms I can use to petition PERB to determine a bargaining unit? |
Yes. Petition and stipulation forms for unit cases can be found on PERB’s website under FORMS . Unit case filings must be electronically filed through eFlex . |
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Where can I find the required forms? |
o A fillable PDF of the PERB Annual Report can be found under FORMS . Completely fill out the report and provide the requested information. For section 1(a) (“name of organization”), you must use the name of the organization as certified by PERB (see list of UNITS ). Additionally, you must provide... |
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Can I find out in advance what witnesses and documents will be offered against me? |
Yes. You can find out what evidence will be presented at the hearing in several different ways. You may simply ask the opposing party for copies of any records that are relevant to the facts in your case. Another method is to use “discovery.” Discovery can be very formal and is done under the rules... |
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How does PERB determine what constitutes an appropriate "bargaining unit"? |
Deciding which employees should be included in a bargaining unit is a case-by-case determination in which PERB applies the criteria listed in section 20.13 of the statute to the particular circumstances of the case. What might be determined to be an appropriate bargaining unit for a very small city... |