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Will I be allowed to ask questions of the witnesses for the other side? |
Yes, you are permitted to ask questions of the opposing witnesses who testify against you. Similarly, the opposing party will be permitted to ask questions of witnesses who testify for you. In addition, the hearing officer may ask questions of any witness. Iowa Code § 17A.14(3) . |
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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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What if the employee organization fails to submit the required reports within 90 days? |
The employee organization will be deemed out of compliance with its statutory reporting requirements. The Board may initiate proceedings to revoke the organization's certification as an employee representative. If such proceedings are initiated, PERB will order the employee organization to appear... |
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Will the hearing be recorded? |
Yes, the hearing must be recorded by use of a voice recorder or by use of a court reporter. By statute and rule, prohibited practice complaint (PPC) hearings and state employee grievance and discipline resolution proceedings under Iowa Code section 8A.415 will be recorded by a court reporter and... |
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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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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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I'm represented by a union at my workplace, but don't want to be. What can I do? |
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. If an employee is in a PERB-... |
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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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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... |