FAQs

Question Answer
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...
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...
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) .
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...
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...
Who decides whether I win or lose at the hearing? There are several possible decision makers. Many hearings are held before Administrative Law Judges. Any decision from the Administrative Law Judge may be appealed to the agency itself. Or a hearing could be held before members of the agency that will decide your case. Whomever decides your case, a...
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...
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...
What is E-Flex? E-Flex is a program on which PERB's e-filing system operates.
What is the role of the Administrative Law Judge serving as the presiding officer? The Administrative Law Judge (ALJ) assigned as a presiding officer in a contested case is a neutral decision maker who must make a proposed decision after hearing all of the evidence presented by the parties. You should not call the presiding officer for legal advice or to discuss the case. The ALJ...

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Printed from the website on October 25, 2020 at 3:18pm.