Here are the steps and important dates for the recertification election process for collective bargaining agreements that expire June 30, 2023.
1. Do you have a collective bargaining agreement or extension agreement in place for your bargaining units? If so, immediately email the contract and/or extension agreement to PERB at firstname.lastname@example.org. We recommend doing this regardless of the expiration date of the contract or extension agreement. We also recommend doing this even if you have previously sent the collective bargaining agreement or extension agreement to PERB.
2. Did you receive an email from PERB’s e-filing system on August 24, 2022 advising you to download a notice of intent to conduct an election?
- If so and you agree that the contract expires on June 30, 2023, you must login to PERB’s efiling system https://perb.iowa.gov/efiling/
- There will be instructions about the election and a notice that must be posted and distributed to employees by other means used by the employer to send employee notices (e.g., email, mailboxes, with paystubs). There will be a separate notice for each bargaining unit that is scheduled for an election.
- If so and you disagree that the contract expires on June 30, 2023, you must IMMEDIATELY email the contract and/or extension agreement to PERB at email@example.com
3. FOR EACH BARGAINING UNIT SCHEDULED FOR AN ELECTION AND NO LATER THAN AUGUST 31, 2022, the employer must upload a list of employees to the suPERB system at https://iowa-superb.iowa.gov/. This is a legal mandate required by PERB’s rules: “The public employer shall email to the agency a list of the employees in the bargaining unit in question within seven days of the filing of the notice of intent to conduct an election.”
- The suPERB system is a new system established by PERB and is different than the e-filing system. You can contact PERB (515) 281-4414 if you have difficulty creating a login or uploading employee information.
- Employee information must be uploaded in the Excel format requested by PERB on the suPERB system. A template is available on the suPERB system.
- Be sure to include all employees in each job classification listed in the PERB notice issued August 24. This is the official bargaining unit description and must be followed. A separate upload for each bargaining unit is required.
4. After the employer uploads the spreadsheet, the employer must inform the union by email that PERB has received the list. If the employer fails to upload the required spreadsheet to suPERB by August 31, 2022, there will be no election and the union will be recertified automatically.
5. Unions have until September 12, 2022 to pay the election fee for the recertification election to proceed.
6. PERB will send another notice on September 14, 2022 regarding the election. This notice will need to be downloaded from PERB’s e-filing system at https://perb.iowa.gov/efiling/
- This notice must be posted on bulletin boards and distributed to employees by other means used by the employer to send employee notices (e.g., email, mailboxes, with paystubs). There will be a separate notice for each bargaining unit that is scheduled for an election.
7. Between the dates of October 11, 2022 and October 25, 2022, employees will be able to vote either online or by phone.
What are the Do’s and Don’ts during the election season?
- DO allow employees to vote during breaks if the employer generally allows employees to use work computers or phones during break time for other personal business.
- DO allow employees to vote during work time if the employer generally allows employees to minimally use work computers or phones during work time for other personal business.
- DO direct employees with questions to call PERB (515-281-4414).
- DO contact labor relations counsel if employee campaigning activities or voting interferes with workplace operations.
- DO contact labor relations counsel if the union approaches the employer about not sending in the voter list or proposes extending the current contract.
- DO NOT interfere with employees’ rights to discuss the election.
- DO NOT discipline employees for exercising their right to vote.
- DO NOT try to answer questions about the election.
- DO NOT ask employees if they voted or how they voted.
If you have any questions about this Client Alert, please contact any member of the Ahlers & Cooney Collective Bargaining/Labor Law Group.
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Our Client Alerts are intended to provide occasional general comments on new developments in Federal and State law and regulations which we believe might be of interest to our clients. The Client Alerts should not be considered opinions of Ahlers & Cooney, P.C., and are not intended to provide legal advice as a substitute for seeking professional counsel. Readers should not under any circumstance act upon the information in this publication without seeking specific professional counsel. Ahlers & Cooney will be pleased to provide additional details regarding any article upon request. Additional copies of this Client Alert may be obtained by contacting any attorney in the Firm or by visiting the Firm's website at www.ahlerslaw.com. ©2022 Ahlers & Cooney, P.C. All Rights Reserved.
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