Iowa Admin. Code r. 621-5.2 - Eligibility-voter eligibility lists
(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
date is agreed upon by the parties and the agency , and
b. Are employed in the bargaining unit on the
date of the election.
(2)
Certification, decertification,
professional/nonprofessional, and amendment of unit elections-eligible voter
list.
a. List for determining fees.
The agency will determine the election fee based on the initial
employer-provided list of employees used to verify the showing of interest
pursuant to 621-subrule 4.3(3).
b.
Voter eligibility list.
(1) When the agency
files an order that an election be conducted, the employer shall, within seven
days of the notice or order, email to the agency an alphabetical list of the
names; addresses; email addresses, if known; telephone numbers, if known; and
job classifications of the employees eligible to vote. When a
telephonic/web-based election is ordered, the list of eligible voters shall
also include the employee's date of birth, the last four digits of the
employee's social security number and any other information required by the
agency .
(2) The agency shall file
the list of eligible voters' names and job classifications. This list shall
become the official voting list for the election to be conducted. The agency
shall provide to the employee organization the voter list containing the
employees' contact information. The employer or employee organization shall
email proposed additions or deletions of employees' names, changes in job
classifications, addresses, contact information, or other eligible voter
changes to the agency and to the other party . The parties may further amend the
list by agreement.
(3)
Challenges.
a.
Voter eligibility
challenge. A party may challenge, for good cause, the eligibility of
any voter. The agency shall attempt to resolve the challenge. Whenever
challenged ballots are unresolved and determinative of the outcome of an
election, a hearing to determine the eligibility of the challenged voter(s)
shall be scheduled and conducted. After the conclusion of the hearing, the
board may, if necessary, order a new election, and the cost may be taxed to the
nonprevailing party .
b.
Methods and timing of voter eligibility challenges. A party
may challenge the eligibility of a voter by electronically filing a completed
voter eligibility form in the case file and in accordance with the following:
(1) In-person elections. A party shall
challenge a voter's eligibility prior to the time the voter deposits the
voter's ballot in the ballot box. In the event of a challenge, the challenged
voter may mark the ballot in secret, and the election agent shall segregate the
ballot by causing it to be placed in a challenged-ballot envelope with
appropriate markings and depositing it in the ballot box.
(2) Mail-ballot elections. A party shall
challenge a voter's eligibility prior to the time the outer envelope containing
the voter's secret envelope and ballot is opened. In the event of a challenge,
both the secret envelope and the outer envelope shall remain sealed until the
challenge is resolved.
(3)
Telephonic/web-based elections. A party shall challenge a voter's eligibility
prior to the end of the election period.
Notes
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