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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... |
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How do I file the PERB annual report and accompanying documents? |
Effective February 22, 2017, PERB annual reports and accompanying documents must be electronically filed using PERB's e-Flex system. An eFlex account can be requested by visiting https://perb.iowa.gov/efiling/ and click "Request Account." Instructions on how to electronically file your PERB annual... |
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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... |