Iowa Code r. 875-9.5 - Arbitration or other agency proceedings

(1) The labor commissioner's jurisdiction to entertain complaints related to Iowa Code section 88.9(3) complaints is independent of the jurisdiction of the other agencies or bodies. The labor commissioner may file action in district court regardless of the pendency of other proceedings. However, due deference should be paid to the jurisdiction of other forums established to resolve disputes that may also be related to complaints under Iowa Code section 88.9(3).
(2) Postponement of determination is justified where the rights asserted in other proceedings are substantially the same as rights under Iowa Code section 88.9(3).
(3) A determination to defer to the outcome of other proceedings initiated by a complainant must necessarily be made on a case-to-case basis, after careful scrutiny of all available information.

Notes

Iowa Code r. 875-9.5
ARC 8449C, IAB 12/11/24, effective 1/15/25
Amended by IAB April 19, 2023/Volume XLV, Number 21, effective 5/24/2023 Adopted by IAB December 11, 2024/Volume XLVII, Number 11, effective 1/15/2025

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