FAQs

Question Answer
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...

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