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- Alaska Statutes.
- Title 42. Public Utilities and Carriers
- Chapter 40. Alaska Railroad Corporation
- Section 850. Strikes.
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Section 840. Mediation.
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Section 860. Agreements.
AS 42.40.850. Strikes.
- (a) Following a decision by the mediator to end the mediation proceedings, employees of a collective bargaining unit may
engage in a strike for a limited time if a majority of the employees in that collective bargaining unit vote by secret
ballot to do so. The limit of the strike is determined by the interest of the health, safety, or welfare of the
public.
- (b) The corporation may apply to the superior court in the judicial district in which the strike is occurring for an order
enjoining the strike. A strike may not be enjoined unless it can be shown that it has begun to threaten, or is about
to threaten, the health, safety, or welfare of the public. A court, in deciding whether to enjoin the strike, shall
consider the total equities in the particular case, including the impact of a strike on the public and the extent to
which an employee organization and the corporation have met their statutory obligations.
- (c) If an impasse or deadlock still exists after the issuance of an injunction, the parties shall submit the dispute to
binding arbitration. The railroad labor relations agency shall appoint an arbitrator selected by the parties by mutual
consent. If the parties are unable to agree on an arbitrator, the railroad labor relations agency shall appoint an
arbitrator from a list of arbitrators knowledgeable in railroad labor agreements. The arbitrator shall fashion the
award the arbitrator considers equitable.
- (d) Notwithstanding (a) - (c) of this section, an organization and the corporation may mutually agree to submit a dispute
to binding arbitration at any time.
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