Iowa Code r. 621-4.10 - Merger of two units represented by affiliated certified employee organizations
A 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. This proceeding does not apply to school districts' and area education agencies' reorganizations and mergers pursuant to Iowa Code chapter 273 or 275.
(1)
Petition. A combined
petition to amend a bargaining unit and an employee organization's
certification may be filed by a successive employee organization to reflect a
merger of two agency-determined bargaining units that have the same public
employer and are represented by affiliated certified employee organizations.
The combined petition shall contain:
a. The
names, addresses, telephone numbers, and email addresses of the public employer
and the employee organization or their respective representatives.
b. A listing of all PERB cases relevant to
the first unit and its certification history followed by a current description
of the unit.
c. A listing of all
PERB cases relevant to the second unit and its certification history followed
by a current description of the unit.
d. An identification and description of the
proposed amended unit.
e. The names
and addresses of any other employee organizations which claim to represent any
employees affected by the proposed amendment or a statement that the petitioner
has no knowledge of any other such organization.
f. A statement identifying the current status
of the units as either public safety units or non-public safety units and the
change, if any, to the status of the unit, which would result from the
requested merger.
g. A specific
statement of the petitioner's reasons for seeking amendment of the unit and any
other relevant factors.
(2)
Accompanying documents.
The successive employee organization must file its petition with the following:
a. An affidavit(s) that establishes the
following:
(1) The act or occurrence, which
the requested amendment would reflect, was authorized by and accomplished in
accordance with the certified employee organization's constitution and bylaws,
which provided members with adequate due process; and
(2) Substantial continuity of representation
has been maintained.
b.
Updated agency reports if there is a change in the employee organization's name
or if there is a change to the employee organization's governing body. The
reports shall include the following:
(1) An
updated PERB annual report that covers the time period from the last annual
report to the time of the filing of the petition.
(2) An updated PERB registration
report.
(3) An updated constitution
and bylaws.
c. Final
agency reports for dissolved organizations resulting from a merger. The final
agency report shall include a PERB annual report that covers the time period
from the last annual report to the time of the merger and shall reflect the
closing of the books and accounts of the dissolved employee organization. The
certified employee organization may wait and submit its final agency reports
following the board's tentative approval of the amendment of
certification.
(3)
Notice. The agency shall file a notice to employees, giving
notice that a petition to merge two units and amend the certification of the
successive employee organization has been filed and setting forth the rights of
employees under Iowa Code chapter 20. 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.
(5)
Elections. Should the agency determine, in any case, it is
appropriate to merge one unit into the successive unit, the agency shall file
an order directing that an election be conducted to determine whether the
employees of the unit getting merged into the successive unit wish to be
represented by the successive certified employee organization. The election
shall be conducted in accordance with rule
621-5.8 (20).
Notes
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