Iowa Code r. 621-5.5 - Certification elections
(1)
General procedures. Upon the agency's determination that a
certification 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 and
that the employer email a list of eligible voters to the agency pursuant to
rule 621-5.2 (20).
(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). Upon
the filing of a certification petition, but no later than seven days after the
agency's filing of an order directing an election, an employee organization
shall pay the applicable election fee to the agency, unless an extension of
time, upon written request, is granted by the agency. The agency will not
conduct an election prior to receiving the applicable election fee from the
petitioner. An employee organization's failure to pay the applicable election
fee in a timely manner will result in the agency's dismissal of the
certification petition. 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.
(3)
Notice of election. Following the employer's submission of the
list of eligible voters, the employee organization's payment of the applicable
election fee and the expiration of the time for intervention as provided in
subrule 5.5(4), 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 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)
Intervention.
a. No employee
organization other than the petitioner shall be placed on the ballot unless
application for intervention, as provided in rule
621-2.4 (20), is filed with the
agency within seven days after the filing of the agency's order directing the
election in which intervention is sought. An employee organization seeking
intervention shall submit to the agency, by ordinary mail or personal delivery,
an adequate showing of interest as provided in 621-subrule 4.3(2) within seven
days after the agency's direction of an election.
b. An intervening employee organization shall
pay the applicable election fee to the agency within seven days after the
agency's grant of its application to intervene. 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. Failure to pay the
applicable election fee in a timely manner will result in the intervenor's
exclusion from the ballot.
c. An
intervening employee organization may, upon its filing of a written request, be
removed from the ballot with the approval of the agency.
(5)
Ballots. The question in
an election where only one employee organization appears on the ballot shall
ask, "Do you wish to be represented for purposes of collective bargaining by
[name of employee organization]?" followed by the choices "Yes" or "No." The
question in an election where more than one employee organization appears on
the ballot shall ask: "Do you wish to be represented for purposes of collective
bargaining by:" and shall then list horizontally or vertically thereafter the
choices available, including the name of each employee organization and the
choice of "Neither" or "No Representative," as is applicable.
(6)
Certification of results and
compliance with Iowa Code section
20.25.
a. Upon completion of a valid certification
election in which an employee organization received the votes of a majority of
the employees in the bargaining unit and the employee organization complies
with the provisions of Iowa Code section
20.25, the agency shall file an
order certifying that employee organization as the exclusive bargaining
representative of the employees in the bargaining unit.
b. Upon completion of a valid certification
election in which none of the employee organizations on the ballot received the
votes of a majority of the employees in the bargaining unit, the agency shall
file an order of noncertification.
c. If an employee organization which received
the votes of a majority of the employees in the bargaining unit fails to comply
with the provisions of Iowa Code section
20.25 within 90 days of the
completion of a valid certification election, the agency shall file an order of
noncertification; provided, however, that extensions of time to comply may be
granted by the board upon good cause shown.
(7)
Bars to certification
elections.
a. The agency shall not
consider a petition for certification of an employee organization as the
exclusive representative of a bargaining unit unless a period of two years has
elapsed from the date of any of the following:
(1) The last certification election in which
an employee organization was not certified as the exclusive representative of
that bargaining unit.
(2) The last
retention and recertification election in which an employee organization was
not retained and recertified as the exclusive representative of that bargaining
unit.
(3) The last decertification
election in which an employee organization was decertified as the exclusive
representative of that bargaining unit.
b. The agency shall not consider a petition
for certification of an employee organization as the exclusive bargaining
representative of a bargaining unit if the bargaining unit is already
represented by a certified bargaining representative.
Notes
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