Iowa Administrative Code

chapter shall be governed by the general provisions of the rules of the agency. [ARC 2916C, IAB 1/18/17, effective 2/22/17; ARC 3278C, IAB 8/30/17, effective 8/10/17] These rules are intended to implement Iowa Code chapters 8A and 20. [Filed emergency 8/4/86—published 8/27/86, ef…

11.2(1) Grievances. An employee, except an employee covered by a collective bargaining agreement that provides otherwise, who has filed a grievance and is not satisfied with the director’s response, may file an appeal with the agency. Such appeal must be filed within 30 calendar …

ordinary mail in the manner specified in rules 621—2.15(20) and 621—16.10(20). [ARC 2916C, IAB 1/18/17, effective 2/22/17]

11.4(1) The appeal shall contain the following: a. Name, address, telephone number, and e-mail address of the appealing employee; b. Name of agency/department by which the appealing employee is/was employed; c. A brief statement of the reasons for the appealing employee’s dissati…

11.5(1) The director shall have 15 days from the date of service of the employee’s appeal in which to file a motion or answer with the agency. 11.5(2) The motion or answer shall contain the following: a. The names of the appealing employee and the employing agency/department; b. …

8A.415(1) has a right to a hearing, which is open to the public. An employee appealing disciplinary action pursuant to Iowa Code section 8A.415(2) has a right to a hearing, which is closed to the public unless the employee requests a hearing open to the public. Hearings will othe…

11.7(1) When a majority of the board presides at the reception of the evidence in a grievance or disciplinary action appeal, the decision of the board is the final decision of the agency. 11.7(2) When a majority of the board does not preside at the reception of the evidence in a …

in accordance with 621—Chapter 9. [ARC 2916C, IAB 1/18/17, effective 2/22/17]

11.9(1) Initial payment. The agency will arrange for a certified shorthand reporter to report the contested case hearing and request that an original transcript of the hearing be prepared by the reporter for the agency’s use. The agency initially shall pay the reporter’s reasonab…

“Agency” means the public employment relations board or PERB. “Confidential record” means a record which is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or informat…

12.10(1) The subject of a confidential record may file a written request to review confidential records about that person as provided in rule 621—12.9(17A,20,22). However, the agency need not release the following records to the subject: a. The identity of a person providing info…

12.11(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law. 12.11(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for with…

personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 621—12.1(17A,20,22). Unless otherwise stated, the authority for this agency to maintain the record is provided by Iowa Code …

agency other than record systems as defined in rule 621—12.1(17A,20,22). The records listed may contain information about individuals. Unless otherwise designated, the authority for this agency to maintain the record is provided by Iowa Code chapter 20, the statutes governing the…

agency compare personally identifiable information in one record system with personally identifiable information in another record system. [ARC 4457C, IAB 5/22/19, effective 6/26/19]

1. Require the agency to index or retrieve records which contain information about individuals by an individual’s name or other personal identifier. 2. Make available to the general public records which would otherwise not be available under the public records law, Iowa Code chap…

establishing agency policies and procedures for the maintenance of records. The purpose of this chapter is to facilitate public access to open records. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementat…

12.3(1) Location of record. A request for access to a record should be directed to the Chair, Public Employment Relations Board, 510 East 12th Street, Suite 1B, Des Moines, Iowa 50319. 12.3(2) Office hours. Open records shall be made available during all customary office hours, w…

other applicable provisions of law, the lawful custodian may disclose certain confidential records to one or more members of the public. Other provisions of law authorize or require the custodian to release specified confidential records under certain circumstances or to particul…

from examination. The custodian may treat a record as a confidential record and withhold it from examination only to the extent that the custodian is authorized by Iowa Code section 22.7, another applicable provision of law, or a court order, to refuse to disclose that record to …

permitted by any applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular …

12.7(1) Open records are routinely disclosed without the consent of the subject. 12.7(2) To the extent allowed by law, disclosure of confidential records or exempt records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will gene…

routine uses of agency records: 12.8(1) Disclosure to those officers, employees, and agents of the agency who have a need for the record in the performance of their duties. The custodian of the record may upon request of any officer or employee, or on the custodian’s own initiati…

12.9(1) Consent to disclosure by a subject individual. To the extent permitted by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 621—12.6(17A,20,22). 12.9(2) Complaints to public officials. A letter from a subject of a con…

list and to all persons applying for inclusion on the list. [ARC 1642C, IAB 10/1/14, effective 11/5/14]

“Ad hoc mediator” means a person included on the list who enters into an independent contractor agreement with the agency to provide mediation to parties requesting impasse services pursuant to Iowa Code section 20.20. “Advocate” means a person who represents employers, employee …

13.3(1) The list. The agency shall maintain a list of mediators who meet the criteria for listing contained in rule 621—13.4(20) and who remain in good standing. 13.3(2) Adherence to standards and requirements. Persons included on the list shall comply with the agency’s administr…

13.4(1) Categories of mediators. The list shall consist of three categories of mediators: a. The agency’s professional staff; b. Mediators employed by FMCS; and c. Ad hoc mediators. 13.4(2) Application procedures for ad hoc mediators. Persons seeking to be included on the list mu…

contractor agreement with the agency prior to receiving mediation assignments. The independent contractor agreement between the ad hoc mediator and the agency shall establish the hourly rate, reimbursable fees and expenses, duration, and other terms and conditions. [ARC 1642C, IA…

13.6(1) Conflict of interest. The board shall determine whether a person has a conflict of interest which may require denial of an application or removal from the list or from individual assignments. A conflict of interest arises where: a. A mediator is or has been an employee or…

13.7(1) Exemption from open meetings law. In accordance with Iowa Code section 20.17(3), communications between the parties and the mediator during the course of a mediation shall be exempt from the provisions of Iowa Code chapter 21. 13.7(2) Mediator privilege. In accordance wit…

is on the list to the board. The board will consider the complaint and other relevant information and take such action it deems appropriate. [ARC 1642C, IAB 10/1/14, effective 11/5/14]

list shall inform the agency if the member is unavailable for assignment on a temporary basis because of illness, vacation, schedule, or other reasons. That member will not receive assignments during the period in which the member is unavailable. [ARC 1642C, IAB 10/1/14, effectiv…

and to all applicants for listing on the roster. [ARC 1642C, IAB 10/1/14, effective 11/5/14]

roster shall inform the agency if the member is unavailable for selection on a temporary basis because of illness, vacation, schedule, or other reasons. That member’s name will not be included on a list of arbitrators sent to parties during the period in which the member is unava…

“Advocate” means a person who represents employers, employee organizations, or individuals or entities in labor relations or employment relations matters, including but not limited to the subjects of union representation and recognition matters, negotiations, mediation, arbitrati…

14.3(1) The roster. The agency shall maintain a roster of arbitrators who meet the criteria for listing contained in rule 621—14.5(20) and who remain in good standing. 14.3(2) Adherence to standards and requirements. Persons listed on the roster shall comply with the agency’s adm…

sum not to exceed $1,200 per day of service, plus their necessary expenses incurred. [ARC 1642C, IAB 10/1/14, effective 11/5/14]

14.5(1) Categories of arbitrators. The roster shall consist of two categories of arbitrators: a. Interest arbitrators; and b. Grievance arbitrators. Persons may be listed on the roster in each category in which they meet the criteria. 14.5(2) Initial application procedures. Perso…

14.6(1) Goal. It is a goal of the board to increase the number of Iowa residents qualified to be on the roster. Such increase should provide constituents additional options for hiring arbitrators whose reimbursable expenses, such as for mileage and accommodations, are lower and w…

board. The roster member is responsible for ensuring that the biography is accurate and current. The agency bears no responsibility for inaccurate, incomplete, or outdated information in biographies. The member’s biography shall contain the following: 1. Name, address, telephone …

14.8(1) Conflict of interest. The board shall determine whether a person has a conflict of interest which may require denial of an initial or renewal application or removal from the roster or from individual selections. A conflict of interest arises where: a. An arbitrator is or …

14.9(1) Grounds. Probation, suspension, or removal from the roster may be based upon one or a combination of any of the following, including but not limited to: a. Failure to comply with statutory provisions, the agency’s administrative rules, and agency guidelines and policies; …

a collective bargaining agreement, the agency shall conduct an election, prior to the expiration of a collective bargaining agreement between an employer and a certified employee organization, to determine if the employees in a represented bargaining unit wish to retain and recer…

designated as such in suPERB pursuant to 621—subrule 6.6(3) will not be served a notice of intent to conduct an election. If a transit unit does receive a notice in error, the unit may immediately petition the board to be removed from the election. The agency may informally deter…

15.2(1) Fall election. a. The fall election shall be conducted by electronic voting provided for by a vendor selected by the agency. b. The fall election shall commence on the second Tuesday in October at 8 a.m. and shall apply to all collective bargaining agreements which expire…

15.3(1) Notice of intent to conduct an election. PERB will issue a notice of intent to conduct an election on August 15 for fall elections and January 15 for spring elections to both the employer and employee representatives designated in suPERB. 15.3(2) Initial filing of approve…

15.4(1) Computation of election fee. a. Fall election fee. The fee for fall elections shall be the greater of $2 per voter or $20 per bargaining unit. Employee organizations will be notified by suPERB on September 9 of the required fee and will have until September 19 to pay the …

of eligible voters as provided in rule 621—15.3(20) and the agency’s receipt of the applicable election fee from the certified employee organization, the agency will file an order directing a retention and recertification election in suPERB. Notice shall be provided to the employ…

15.6(1) Ballots. Ballots shall contain the question, “Do you want [name of certified employee organization] to be retained and recertified and continue to be your exclusive bargaining representative?” followed by the choices “Yes” or “No.” 15.6(2) Recertifying employee organizati…