FAQs
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| Question | Answer |
|---|---|
| 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... |
| 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... |
| 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... |
| 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... |
| 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. |
| 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... |