Iowa Admin. Code r. 621-5.6
Current through Register Vol. 47, No. 5, September 4, 2024
Rule 621-5.6 - Decertification elections(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 than 150 days before the expiration date of the bargaining unit's collective bargaining agreement and that the employer submit a list of eligible voters pursuant to rule 621-5.2 (20), unless the election is barred by subrule 5.6(6). The agency may, at the agency's discretion, dismiss a decertification petition if the agency determines that an election cannot be conducted at least 150 days before the expiration date of the bargaining unit's collective bargaining agreement.(2)Payment of election fee. The election fee shall be based on the initial employee list provided by the employer to verify the showing of interest pursuant to 621-subrule 4.3(3). After the filing of a decertification petition, but no later than seven days after the agency's filing of an order directing an election, the certified employee organization shall pay the applicable election fee to the agency, unless the organization's written request for an extension of time to pay the fee for good cause is granted by the agency. The election fee shall be paid by check payable to the agency and is deemed paid upon receipt by the agency or, if submitted by mail, on the date of the U.S. Postal Service postmark affixed to the envelope in which the payment was mailed. The agency will not conduct an election prior to receiving the applicable election fee. A certified employee organization's failure to pay the applicable election fee in a timely manner shall result in the revocation of the employee organization's certification.(3)Notice of election. Following the employer's submission of the list of eligible voters and the employee organization's payment of the applicable election fee, the agency shall file a notice of election containing a sample ballot or script and setting forth the date, time, place, method, and purpose of the election, and such additional information as the agency may deem appropriate. The employer shall promptly distribute, electronically or by hard copy, the notice to the affected employees. The employer shall also promptly post the notice in the manner and locations customarily used for the posting of information to employees.(4)Ballots. Ballots shall contain the question "Do you want [name of certified employee organization] to be decertified by the Public Employment Relations Board and cease to be your exclusive bargaining representative?" followed by the choices "Yes, I no longer wish to be represented by [name of certified employee organization]" or "No, I want to continue to be represented by [name of certified employee organization]."(5)Certification of results.a. Upon completion of a valid decertification election in which a majority of the employees in the bargaining unit voted to decertify the employee organization, the agency shall file an order decertifying the employee organization as the exclusive bargaining representative of the employees in the bargaining unit.b. Upon completion of a valid decertification election in which a majority of the employees in the bargaining unit did not vote to decertify the employee organization, the agency shall file an order continuing the certification of the employee organization as the exclusive bargaining representative of the employees in the bargaining unit.(6)Bars to decertification election.a. The agency shall not consider a petition for decertification of an employee organization unless the collective bargaining agreement exceeds two years in duration.b. The agency shall not consider a decertification petition during pendency of a retention and recertification proceeding.c. The agency shall not schedule a decertification election within one year of a prior certification, retention and recertification, or decertification election involving the bargaining unit.Iowa Admin. Code r. 621-5.6
ARC 8953B, lAB 7/28/10, effective 9/1/10Amended by IAB August 30, 2017/Volume XL, Number 5, effective 8/10/2017Amended by IAB May 9, 2018/Volume XL, Number 23, effective 6/13/2018Amended by IAB August 1, 2018/Volume XLI, Number 3, effective 9/5/2018Amended by IAB May 22, 2019/Volume XLI, Number 24, effective 6/26/2019Amended by IAB May 19, 2021/Volume XLIII, Number 24, effective 6/23/2021