Iowa law sets election and employee-list rules for public bargaining units

The Employment Appeal Board conducts an election on whether to retain and recertify a bargaining representative before the agreement expires. The election is for public employees in a bargaining unit with a collective bargaining agreement. The election period depends on the agreement’s expiration date. For agreements expiring June 30, the election takes place from June 1 through November 1 in the prior year. For other expiration dates, it takes place 270 to 365 days before expiration.

The board gives written notice of an election, and the public employer sends it a list of bargaining-unit employees. The employer’s list covers employees in the bargaining unit. The board’s public list covers employers that received an election notice and have not yet held the election. The board uses the list to determine who may vote and the election outcome. The board’s public list identifies employers that failed to send an employee list; failing to send one is unlawful. The employer’s ten-day deadline starts when it receives notice. The board publishes its list after that period ends.

An Iowa resident may ask a district court to order an employer to send its employee list; the board adjusts affected election timelines. A resident may file in the district court covering the employer or in Polk County. The case must seek an order requiring the employer to provide its list. The resident need not show personal harm. The court must act quickly and grant the order if the employer failed to send the list; it awards costs, reasonable attorney fees, and any other appropriate relief to the prevailing party. The board may move an election to the other scheduled period if needed while the case and any appeals are resolved. It must adopt rules for procedures and timelines. The resident must file within 60 days after the board’s first publication. The board extends affected election deadlines as needed during the case and any resulting appeals.