Iowa Code r. 621-5.1 - General procedures
The agency shall determine the date of the election or election period, 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 file all documents in the applicable adjudicatory case file in the agency's electronic document management system (EDMS) unless the rules specify otherwise.
(1)
Election types. There
are five types of elections:
a. Certification
election.
b. Retention and
recertification election. Specific rules addressing retention and
recertification elections are contained in 621-Chapter 15.
c. Decertification election.
d. Professional and nonprofessional
election.
e. Amendment of unit
election.
(2)
Election fees.
a. For
certification and decertification elections, the employee organization is
responsible for and shall prepay the election fees in accordance with this
chapter and rules relevant to the specific election. Employee organizations
intervening in a certification election shall pay a proportionate share of the
election fees.
b. A certified
employee organization may file a written request with the agency for an
extension of time in which to pay its election fees. The employee organization
may file the request after the filing of a certification or decertification
petition, but no later than seven days after the agency's filing of an order
directing an election. In no event will the agency conduct an election prior to
an employee organization's payment of election fees.
c. A certified employee organization may file
notice of nonpayment to indicate that it will not pay the election fees for a
decertification election. The notice of nonpayment may be filed at any time,
but must be filed no later than seven days after the agency's filing of an
order for a decertification election. The notice shall be signed by an
authorized representative of the organization, state that the organization will
not pay the election fees, and acknowledge that the agency will not conduct the
applicable election and the employee organization's certification will be
revoked.
d. For certification and
decertification elections, the applicable election fee is based upon the list
provided pursuant to 621-subrule 4.3(3) to verify the showing of interest.
(1) When the list contains ten or fewer
eligible voters, the election fee is $20. When the list contains more than ten
eligible voters, the election fee is $2 per eligible voter. When the number of
eligible voters on the list for determining fees increases or decreases as
contemplated by subparagraph 5.2(2)"b"(2) or due to successful
challenges pursuant to subrule 5.2(3) and the increases or decreases alter the
number of eligible voters by ten or more, the employee organization shall make
an additional payment to reflect the increased number of eligible voters or, in
the case of a decrease, the agency shall reimburse the employee organization
for its overpayment.
(2) The agency
will not refund the election fee in the event the election fee is paid and the
agency has performed duties to conduct the election but the election does not
occur.
(3)
Date of
election. For purposes of this chapter, the date of an election shall
be the date on which the ballots were tallied.
(4)
Election period. For
purposes of this chapter, an election period begins at the time and on the date
the agency sets for when eligible voters may first cast a ballot and ends at
the time and on the date the agency sets for the tally of ballots.
Notes
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