Jeremie J. Cooksey v. Cargill Meat Solutions Corporation

I respectfully dissent and would affirm the district court and the court of appeals.

Iowa Code section 17A.19(4) provides, “The petition for review shall name the agency as respondent.” The word “shall” is normally considered mandatory. See Iowa Code § 4.1(30) (2011). Cooksey’s petition for review did.not name the Employment Appeal Board (EAB) as a respondent. Rather, it named Cooksey’s employer, Cargill Meat Solutions. Ñor did the petition even ask for relief against the EAB. Instead, it requested that “reversal or remand should be entered against the Employer and benefits awarded.” Given the…