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What are the consequences of submitting incomplete or partial reports? |
The employee organization will be deemed out of compliance with its statutory reporting requirements. The employee organization must submit all the required reports and statements as outlined in Iowa Code section 20.25. Therefore, failure to provide all the required information within 90 days gives... |
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After the hearing is over, how will I find out what has been decided? |
You will receive a written decision electronically through e-Flex that states the facts about the case, application of the law, and the proposed decision of the presiding officer. The agency decision can be stated verbally by the decision maker at the conclusion of the hearing while you are still... |
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Do I have any appeal rights if I do not agree with the decision? |
Yes. If your complaint was initially heard by an Administrative Law Judge (ALJ), you have the right to appeal the ALJ’s “proposed decision and order” to the agency Board. A written notice of appeal to the Board must be filed within 20 days from when the ALJ issued the proposed decision and order... |
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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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Will PERB send a reminder to the employee organization about the annual reporting requirements? |
No. It is the employee organization's statutory duty to complete and file the required reports with PERB within 90 days following the end of its fiscal year. |
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Can my case be settled without a hearing? |
Yes, a case can be settled by the parties prior to the hearing. If you want to settle, you should contact either the opposing party or the PERB case processor who can work to arrange a date and time for the parties to discuss a possible settlement of the case. If you have not been contacted by the... |
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What happens when an employee organization is "decertified" as an employee representative following a decertification election? |
When an employee organization is decertified as a bargaining unit’s representative, its existing collective bargaining agreement with the employer is no longer binding or enforceable, and the public employer no longer has a duty to negotiate with that organization. If an employee organization is... |
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What is a contested case hearing? |
A "contested case" is a proceeding in which the legal rights, duties or privileges of a party have to be determined by an agency after an opportunity for an evidentiary hearing. Iowa Code § 17A.2(5) . |
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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... |
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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... |