Retention and Recertification Elections

and ProceduresJuly 31, 2019

Mary Gannon, Board MemberPatrick Thomas, Administrative Law Judge

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Iowa has 1,134 public sector bargaining units

488K-12

332City

255County

20CommColl

17AEAs

22State

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Potential 2019 October Elections

272K-12

127City

111County

10AEA

TOTAL (as of July 29th) 535

15Comm. College

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Retention and Recertification Elections – resulting from 2017

legislation, H.F. 291Employees (eligible voters) in represented bargaining units will vote to KEEP (retain) or REMOVE (decertify) their current certified bargaining representative.

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Effect of retention and recertification elections

If more than 50% of eligible voters vote “yes” to retain the representative, the employee

organization will be retained and recertifiedand continue to represent the bargaining

unit.

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PERB’s Role

Conduct election as requiredEnsure a fair election process for all participantsProvide an accurate tally of the results

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When will PERB conduct recertification elections?

Election is triggered by the expiration date of the applicable collective bargaining agreement (CBA) between employer and certified representative.

Iowa Code 20.15(2) requires PERB to hold the election approximately 8-10 months prior to the expiration date of the CBA.

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Schedule of Elections

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Collective bargaining agreement expiration date

Employer must submit collective bargaining agreement by this date for election to be scheduled

PERB eFiles Notice of Intent to Conduct Election

Employer must email employee list by this date

CEO fee payment/ request for extension of payment due

PERB eFilesDirection of Election/ Notice of Election

Election Period

June 30, 2020

June 30 –August 31, 2020

August 26, 2019

August 26, 2019

September 3, 2019

September 16, 2019

September 18, 2019

October 15 – October 29, 2019

Bargaining units voting this fall:

O Paperless voting system—phone and online voting services

O Vendor, YesElections, will provide the voting services.

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Ballot QuestionDo you want

[ Employee Organization]

TO BE RETAINED AND RECERTIFIED ANDCONTINUE TO BE YOUR EXCLUSIVEBARGAINING REPRESENTATIVE?

Yes No

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New Rules governing Retention and Recertification Elections

O Transferred from Chapter 5 to Chapter 15.O Changes: Employers and certified employee

organizations must have a representative or agent for service listed in the applicable BU case file

Election fee increased from $1.00 to $1.50 per eligible voter

Employer must send CBA to PERB at least 50 days before the commencement of the retention and recertification election period (August 26, 2019).

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Election Notification OverviewNotices filed through PERB’s Electronic Filing System. Efiled to bargaining unit “case file.”

Agent for service Employee Organization: UniServ Director, EO

reps Employer: Superintendent, city or county officer

Additional representatives can file a “Notice of Appearance (without a document)”O Contact PERB with questions.

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Posting and Distribution of Notices

Employer’s responsibility Posted in the manner and location customarily used for postingIf the Employer customarily distributes information by additional means, then distribute notice in this manner as well (i.e. hard copy or email)

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At-a-Glance: Steps in a Recertification Election

PERB determines a recertification election must be conductedbased on expiration date of CBA.PERB electronically files a Notice of Intent to Conduct aRecertification Election and a Notice to Employees.

eFiled on August 26th Employer must post/distribute information as directed in

notice. (See previous slide) Email “alert” from perbefile@mail-relay.iowa.gov

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Sample Notice of Electronic Filing

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Notice of Intent to Conduct Election

By September 3, 2019: If a party believes an election should

not be held, and a notice of intent has been filed, may file an objection

If a party believes an election should be held, and a notice of intent has not been filed, may file a notification

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Notice of Intent to Conduct Election

Provides Notice: To employees of PERB’s intent to conduct an

election To employee organization of requirement to pay an

election fee. Unit Description Timeline of election Date by which employer must email the voter list to

PERB and the contents that need to be included Date by which election fee is due to PERB

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At-a-Glance: Steps in a Recertification Election

Employer provides requested voter list to PERB by September3rd.

Requested information: Names, job classifications,addresses, known work and home email addresses,known work and home telephone numbers, last 4 digits ofsocial security number and date of birth

Must be formatted and sent as described in notice. Must separately email certified representative telling

them the list was submitted, date of submission, and #of employees on list.

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Submitting Voter ListEmployer has two options how to submit the voterlists. Employer can directly email the properly

formatted voter list to iaperb@iowa.gov Employer can submit list to PERB through a

Citrix ShareFile portal. Do this by requesting link by close of business

on Friday, August 30th. PERB will email theEmployer a link to a secure ShareFile portal.

Employer must submit the voter list through theportal by September 3rd. Requesting the link isnot the same as submitting the list!

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Voter List ProcessPERB Emails voter list to the Employee Organization with birth dates and last 4 digits of SSNs redacted

PERB eFiles the voter lists with only the employees’ names and job classifications.

List should be reviewed to determine if it is accurate If questions, talk to employer representative.

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Election Fee Schedule

Check made payable to PERB. If an individual unit, please include the certified employee

organization name, employer name, and bargaining unit numberon the check.

If multiple units, attach a document with the check that lists theemployee organization name, employer name, bargaining unitnumber, and the number of employees in the unit for each unitfor which you are paying.

**PERB rule 15.1(1) governs overpayment or underpayment resulting from changes to the voter list due to the supplemental list, mutual agreement of parties, or challenges upheld by the Board.

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# of Eligible Voters on Initial Voter Eligibility List**

Election Fee

10 or less $15.00

10 or more $1.50 per eligible voter

Direction of ElectionIf election fee is timely received, PERB electronically files anOrder Directing an Election which includes a Notice ofElection

All one document Will be eFiled on September 18th.

Direction of Election: Orders that a retention and recertification election be

conducted Gives dates of election Orders supplemental eligible voter list if necessary

Notice of Election contains information on who, how and when to vote.

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Voting InformationBargaining unit descriptionElection period:

Starts: October 15 at 8:00 a.m. Ends: October 29 at 9:00 a.m.

Vote by phone or by internet Contains phone number and website address:

www.iaperbvote.comVoting instructionsSample ballot question

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Ballot QuestionDo you want

[ Employee Organization]

TO BE RETAINED AND RECERTIFIED AND CONTINUE TO BE YOUR EXCLUSIVE BARGAINING REPRESENTATIVE?

Yes. No.

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Who do I ask?If voter experiences any problems with the voting system

or need special assistance in

voting

Questions about the election in general?

YesElection Public Employment Relations Board

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Eligibility of Voters in Retention and Recertification Elections

Eligible voters: Employees who were employed in the bargaining unit on the date of the Order Directing Election (September 18, 2019).

Using voter list: If not employed on September 18, should be

taken off list If employed on September 18 and not on list,

should be added to the list

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Employer’s responsibility is to provide the VOTER LIST

Employer has a duty to amend within 7 days ofDirection of Election if the eligible voter list haschanged (September 25, 2019). The process forsubmitting the amended (supplemental) voter list is thesame as submitting the initial list.Employer has ongoing duty to inform certifiedrepresentative if an eligible employee leavesemployment in the unit prior to the end of the electionperiod.

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Voter List Dates and DeadlinesSeptember 3 – Last day for Employer to submit initial list September 25 – Last day for employer to update voter listOctober 8 –

Last day for employee organization topropose additions or deletions to list

Last day for parties to mutually agree on list Last day for employee organization to

challenge eligibility of an employee on thelist.

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Election PeriodTimeframe:

Starting: October 15 at 8:00 a.m. Ending: October 29 at 9:00 a.m.

Employees vote by phone or by internet Employee will provide birth date (MM/DD/YYYY) and the

last four digits of social security number. Follow the instructions provided Will answer the ballot question After voting “yes” or “no”, employee will be asked to

confirm the choice. Employee MUST CONFIRMchoice. For your vote to be counted.

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PERB can disclose who is eligible to vote. However, PERB cannot disclose if an individual voter has voted as that information is confidential.

PERB will distribute participation reports throughout the election. These reports do not list who has voted.

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At-a-Glance: Steps in a Recertification Election, cont.

After close of election period on October 29th at 9:00a.m., PERB tabulates votes and electronically filesthe tally.There is a 10-day objection period and 10-day post-election challenge period runs from the filing of thetally. If no objections or challenges are received orare not outcome determinative, PERB filesappropriate order (order of recertification OR order ofdecertification).

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Election ResultsIf the majority of employees vote “yes:”

An order of recertification is issued Certified representative continues to represent the

employees in the unit.If majority of employees do not vote “yes:”

An order of decertification is issued Certified representative no longer represents the

unit. 2 year bar from the date the tally of issued.

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Objectionable Conduct During Election Campaign

Either party can object to the conduct of the election within 10 days of the filing of the tally (same as before)PERB can invalidate an election if

Objectionable activity took place duringthe election; AND,

It could have affected the results of theelection

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What could invalidate an election?

Misuse of PERB documents, including an indication that PERB endorses any particular choice on the ballotMisstatements of material facts by any party to the election or its representative without sufficient time for the adversely affected party to adequately respondCommission of a prohibited practice

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What could invalidate an election? cont.,

Campaign speeches by employer to assembled groups of employees during working hours during the election periodAny polling of employees by a public employer which relates to the employees’ preference for or against a bargaining representativeAny other misconduct or other circumstance which prevents employees from freely expressing their preferences in the election

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Postelection ChallengesChallenges to the number of bargaining unit employees - Employees who were employed on September 18, but left employment on or before October 29th.

When unresolved and determinative of the outcome of an election, the Board will hold hearing. If challenge upheld, the Board may either adjust the tally or order a new election

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Election NotificationsGeneral information on the website -“Recertifications” tab (on red ribbon).

Each bargaining unit has a “case file.”

“All Recertification Elections” found on homepage.

Bargaining unit descriptions can be found on the website – “Units” tab (on red ribbon).

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www.iowaperb.iowa.gov

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E-Filing Page

Bargaining Units

Bargaining Units