Iowa Administrative Code

organization has committed a prohibited practice within the meaning of Iowa Code section 20.10(1), that any public employer or the employer’s designated representative has committed a prohibited practice within the meaning of Iowa Code section 20.10(2), or that any public employe…

1/14/15.

3.12(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…

board’s Web site, shall be in writing, shall be signed by the complainant or its designated representative, and shall include the following: 3.2(1) The name, address, telephone number and e-mail address of the complainant, and, if filed by the complainant’s designated representat…

required, the agency may, on either its own motion or motion of the respondent, require the complainant to make the complaint more specific. [ARC 1773C, IAB 12/10/14, effective 1/14/15]

of a complaint, serve all named respondents with a copy of the complaint in the manner of an original notice or by certified mail, return receipt requested, together with an agency-approved information sheet regarding mandatory electronic filing. Such service shall be upon the pe…

3.5(1) Filing and service. Within ten days of service of a complaint, the respondent(s) shall file with the agency an answer to the complaint. The answer shall be signed by the respondent(s) or its designated representative. The answer shall be served through the electronic docum…

proposed decision (or final decision if heard originally by the board), a complaint or any part thereof may be voluntarily dismissed by the complainant. Following the issuance of a proposed decision, but before the proposed decision becomes the agency’s final decision, complaints…

1/14/15.

investigation of the allegations of any complaint. In conducting such investigation, the board may require the complainant and respondent to furnish evidence, including affidavits and other documents if appropriate. If a review of the evidence shows that the complaint has no basi…

4.1(1) General. a. The agency shall determine an appropriate bargaining unit when requested by petition. Once a unit is initially determined, parties may request by petition: reconsideration of the unit, amendment of the unit, or clarification of the unit. b. The agency may certi…

certified employee organization may petition the agency to amend a bargaining unit the organization represents to merge another bargaining unit of employees into the successive unit. The unit of employees added must be represented by an affiliated certified employee organization.…

4.2(1) Content of petition. A petition for bargaining unit determination shall be on an agency- prescribed form and filed with the agency. The petition shall identify and describe the proposed unit and indicate the unit’s status as a public safety or non-public safety unit. 4.2(2…

4.3(1) Form of petition. Petitions for bargaining representative determination (election petition) shall be on an agency-prescribed form and filed with the agency. These petitions shall be of three types: a. A certification petition, filed by an employee organization requesting t…

4.4(1) When to file. A combined petition for both bargaining unit determination and bargaining representative certification shall be filed whenever the bargaining unit has not been previously determined and a representative has not been certified by the agency. 4.4(2) Content of …

unit may be filed by an employee organization, public employer, or an employee of the public employer. This petition may be filed only in combination with a certification petition. Rules 621—4.1(20), 621—4.2(20), 621—4.3(20) and 621—4.4(20) shall apply. A petition for reconsidera…

4.6(1) Petition. A petition for amendment of an agency-determined bargaining unit may be filed by the public employer or the certified employee organization. The petition shall contain: a. The names, addresses, telephone numbers and email addresses of the public employer and the …

employees in an agency-determined bargaining unit may be filed by the public employer, an affected public employee, or the certified employee organization. Such petition may be filed only if the bargaining unit is represented by a certified bargaining representative. Insofar as a…

4.8(1) Petitions. A petition for the amendment of a certified employee organization’s certification may be filed by the certified employee organization, the public employer or the agency to reflect an act or occurrence affecting the organization or the public employer, such as a …

employee organization may petition the agency to merge two of the bargaining units the organization represents into one successive unit. This proceeding does not apply to school districts’ and area education agencies’ reorganizations and mergers pursuant to Iowa Code chapter 273 …

and the place, method, and other procedural aspects of conducting an election held pursuant to Iowa Code chapter 20. Elections shall be conducted under the direction and supervision of the agency or its election agent and shall be by secret ballot. Parties shall electronically fi…

5.2(1) Eligible voters. For certification, decertification, professional/nonprofessional, or amendment of unit elections, eligible voters are those employees who: a. Were employed and included in the bargaining unit on the date of the order directing an election unless another da…

in part, in person, by mail ballot, or through a telephonic/web-based system. 5.3(1) In-person election. An eligible voter shall cast the voter’s ballot by marking the voter’s choice on the ballot and depositing it in the ballot box or inserting it in a voting machine, whichever …

5.4(1) Objections. Written objections to an election may be filed by any public employee, public employer, or employee organization involved in the election or by the board on its own motion. Objections must be filed with the agency within ten days of the filing of the tally of b…

5.5(1) General procedures. Upon the agency’s determination that a certification petition is supported by an adequate showing of interest in accordance with rule 621—4.3(20), the agency shall file an order directing that an election be conducted in a specified manner and that the …

5.6(1) Eligible voter list. Upon the agency’s determination that a decertification petition is supported by an adequate showing of interest in accordance with rule 621—4.3(20), the agency shall file an order directing that an election be conducted in a specified manner not less t…

5.7(1) General procedure. Should the agency determine, in any case, that professional and nonprofessional employees are appropriately included in the same bargaining unit, the agency shall file an order directing that an election be conducted to determine whether those profession…

5.8(1) General procedure. Should the agency determine that a job classification or classifications are appropriately amended into a bargaining unit, but that those classifications existed at the time the employee organization was certified and would separately constitute an appro…

election and after a period of 60 days has elapsed from the date of the filing of an order of certification, noncertification, recertification, decertification or continued certification of an employee organization pursuant to the election, the agency will cause the ballots cast …

collective bargaining as provided in Iowa Code section 20.9. “Permissive” matters are all other subjects upon which bargaining is not prohibited. Either party may introduce permissive matters for negotiation, and negotiation on these matters may continue until resolved by mutual …

parties, more than one certified bargaining representative from bargaining jointly with a common public employer, or more than one public employer from bargaining jointly with a common certified bargaining representative, or any other combination thereof.

6.3(1) Defined. A “negotiability dispute” is a dispute arising in good faith during the course of collective bargaining as to whether a proposal made during bargaining is a mandatory, permissive, or prohibited subject of collective bargaining under Iowa Code section 20.9. 6.3(2) …

6.4(1) Applicability. This rule applies only to bargaining units which include at least one public safety employee, as defined in 621—subrule 1.6(12) or as required by Iowa Code section 20.32 concerning certain transit employees. 6.4(2) Defined. A public safety unit is a bargaini…

6.5(1) Terms made public. Where the parties have reached a proposed (or “tentative”) collective bargaining agreement, the public employer shall make the terms of the agreement public. 6.5(2) Ratification or rejection by employee organization. Within seven days of the date of the …

6.6(1) Copy of agreement. A public employer shall file a copy of the collective bargaining agreement entered into between the public employer and a certified employee organization and made final under Iowa Code chapter 20. Filing shall be completed by uploading the collective bar…

applicable only in the absence of an impasse agreement between the parties or the failure of either to utilize its procedures. Nothing in these rules shall be deemed to prohibit the parties, by mutual agreement, from proceeding directly to binding arbitration at any time after im…

[ARC 4457C, IAB 5/22/19, effective 6/26/19]

7.3(1) Request for mediation. Either party to an impasse may request that the agency assign a mediator by requesting mediation services. Requests for mediation services shall be uploaded through suPERB. A copy of the request for mediation shall be emailed to the agency and, in ad…

7.5(1) Request for arbitration. If the dispute remains unresolved ten days after the effective date of the appointment of the mediator, either party to the impasse may request the board to arrange for binding arbitration. 7.5(2) Form and contents of request. The request for arbit…

7.6(1) Objections. Any objection by a party to mediation or the conduct of arbitration proceedings which will not be completed by the applicable deadline for completion of impasse procedures shall be filed with the agency in accordance with rule 621—16.4(20). The objecting party …

7.7(1) Procedures. Statutory procedures in Iowa Code sections 20.20 to 20.22, and independent impasse procedures negotiated by the parties must provide that the impasse be submitted to binding arbitration and the arbitration hearing concluded no later than February 28, and that a…

representative of a bargaining unit, the employee organization shall upload in suPERB a registration report, constitution and bylaws, and an annual report. Once certified, the certified employee organization shall thereafter file an annual report as required by rule 621—8.4(20) a…

8.2(1) Time of filing. An employee organization shall file a complete registration report: a. Before the employee organization may be certified as the exclusive representative of a bargaining unit; and b. Once the employee organization is certified, whenever changes or amendments…

8.3(1) Time of filing. An employee organization shall file its constitution and bylaws: a. Before the employee organization may be certified as the exclusive representative of a bargaining unit; and b. Once the employee organization is certified, whenever changes or amendments ar…

8.4(1) Time of filing. An employee organization shall file a complete annual report: a. Before the employee organization may be certified as the exclusive representative of a bargaining unit; and b. Once the employee organization is certified, within 90 days following the certifi…

be bonded to provide protection against loss by reason of act of fraud or dishonesty on the part of such person, directly or through connivance with others. 8.5(1) Bond requirements. The bond of each such person shall be fixed at the beginning of the employee organization’s fisca…

8.6(1) Application and establishment. Prior to establishing a trusteeship, an organization shall file an application to establish or administer a trusteeship over a subordinate employee organization certified by the agency. The organization shall attach a copy of its constitution…