8 AAC 97.060. Action on petition

(a) The labor relations agency will investigate a petition that substantially fulfills the requirements of 8 AAC 97.025, 8 AAC 97.030, or 8 AAC 97.040 and will determine if there is reasonable cause to believe that a question of representation exists, including whether the proposed bargaining unit appears to be appropriate for collective bargaining purposes.

(b) No later than 10 days after notice by the labor relations agency of a petition related to a question of representation, the public employer shall file with the agency an alphabetical list of all employees, including job titles, classifications, and personal mailing addresses, in the proposed unit as of the last payroll period before the date the petition was filed.

(c) The labor relations agency will investigate the employee petition or interest cards submitted by the petitioner and determine whether the petition is supported by 30 percent of the employees in the proposed bargaining unit. The agency's determination under this section is final, except as provided in 8 AAC 97.470.

(d) The employee petition or interest cards in support of a showing of interest are confidential records that may not be disclosed and are not part of the public record.

(e) The labor relations agency will dismiss a petition if

(1) the petitioner does not correct an insufficiency within six days after the agency provides notice that the required showing of interest is insufficient;

(2) the proposed bargaining unit appears to be an inappropriate unit for collective bargaining purposes;

(3) a collective bargaining agreement is in effect unless the petition is filed between 150 calendar days and 90 calendar days before the expiration date of the agreement; or

(4) an election has been held in the bargaining unit or a subdivision of the bargaining unit within one year preceding the date of filing of the petition.

(f) If, after an investigation, the labor relations agency determines that there is reasonable cause to believe that a question of representation exists and that the proposed bargaining unit appears to be appropriate for collective bargaining purposes, the labor relations agency will schedule a hearing on the petition under 8 AAC 97.330 - 8 AAC 97.480.

History: Eff. 7/22/93, Register 127; am 4/14/95, Register 134; am 5/18/2002, Register 162

Authority: AS 23.05.380

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