Iowa Code r. 621-7.3 - Mediation
(1)
Request
for mediation. Either party to an impasse may request that the agency
assign a mediator by requesting mediation services. Requests for mediation
services shall be uploaded through suPERB.
A copy of the request for mediation shall be emailed to the agency and, in addition to the request for mediation, must contain:
a. The name, address, and telephone number of
the requesting party, and the name, address, telephone number, and email
address of its bargaining representative or of the chairperson of its
bargaining team.
b. The name,
address, and telephone number of the opposing party to the impasse, and the
name, address, telephone number, and email address of its bargaining
representative or of the chairperson of its bargaining team.
c. A description of the collective bargaining
unit involved and the approximate number of employees in the unit.
d. A statement indicating whether the public
employer of the unit involved is subject to the budget certification
requirements of Iowa Code section
24.17 and, if the public
employer is not subject to those requirements, a statement of the date upon
which the public employer's next fiscal or budget year commences.
e. A statement indicating whether the
bargaining unit is a public safety or non-public safety unit as specified by
Iowa Code section 20.3 and rule
621-6.4 (20).
f. A concise and specific listing of the
negotiated items upon which the parties have reached impasse.
g. A statement from the requesting party
indicating whether the parties anticipate utilizing mediation services or the
parties are putting PERB on notice that the employer and certified employee
organization have commenced bargaining of a new contract. If the original
request is filed for the purpose of compliance with Iowa Code section
20.22(1) and
is merely notice the employer and certified employee organization have
commenced bargaining, and it is later determined mediation services will be
required, an amended request for mediation shall be filed with the
agency.
(2)
Date,
signature and notice. The request for mediation shall be dated and
signed by an authorized representative of the requesting party. The requesting
party shall also mail or email a copy of the request to the other parties to
the negotiations.
(3)
Appointment of mediator. Upon receipt of a request for
mediation, the board may appoint an impartial and disinterested person as
mediator of the dispute and notify all parties of the appointment of the
mediator. The board shall determine the effective date of this
appointment.
(4)
Confidential nature of mediation. Any information, either
written or oral, disclosed by the parties to the mediator in the performance of
mediation duties shall not be discussed by the mediator voluntarily or by
compulsion unless approved by the parties involved or permitted by Iowa Code
section 20.31.
The mediator shall not disclose any information with regard to any mediation conducted on behalf of any party to any cause pending in a proceeding before a court, board, investigatory body or arbitrator, except as permitted by Iowa Code section 20.31, without the written consent of the public employment relations board. Without such written consent, the mediator shall respectfully decline, by reason of this rule, to divulge any information disclosed by a party in the performance of the mediator's duties.
(5)
Mediation proceedings. The mediator may hold separate or joint
meetings with the parties or their representatives, and those meetings shall
not be public. Mediation meetings shall be conducted at a time and place
designated by the mediator. If an impasse exists ten days after the effective
date of the appointment of a mediator, the mediator shall so notify the
board.
(6)
Board
mediator. When the mediator is an employee of the Public Employment
Relations Board, that mediator shall not participate in any contested case
arising out of any transaction or occurrence relating to those mediation
activities.
(7)
Costs of
mediation. The mediator shall submit in writing to the board a list of
fees and expenses.
Notes
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