FAQs

Question Answer
What if a witness refuses to attend the hearing? You are entitled to have witnesses attend the hearing, either in person or by telephone, who know about facts that would help your case. If necessary, you can file a written request for the presiding officer to issue a subpoena to order the witness to attend. You should file a written request for a...
How do I ask PERB to establish a "bargaining unit"? A bargaining unit will be established by PERB as a result of a petition filed by a public employee, public employer, or employee organization. A public hearing to receive evidence concerning the makeup of an appropriate unit will be held by PERB unless the petitioner and public employer agree to...
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).
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...
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 .
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...
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...
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...
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...
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) .

Pages

Printed from the website on October 25, 2020 at 3:16pm.