Iowa Code r. 621-4.9 - Merger of units represented by the same certified employee organization
A certified 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 or 275.
(1)
Petition. A petition to amend a bargaining unit may be filed
by a certified employee organization to reflect a merger of two
agency-determined bargaining units which have the same public employer and are
represented by the same certified employee organization. The 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 an
affidavit(s) that establishes the following for each unit:
a. The act or occurrence (merger), 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
b. Substantial continuity of representation
has been maintained.
(3)
Notice. Upon the filing of a petition, the agency shall file a
notice to employees, giving notice that a petition for the merger of two units
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.
(4)
Procedure-decision. Insofar as applicable, rule
621-4.2 (20) shall
apply.
Notes
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