8 AAC 97.080. Intervention

(a) A labor or employee organization may intervene as a candidate for representative of a proposed bargaining unit if it files its own petition within 15 calendar days after the date the notice of the original petition is posted. An intervening petition must meet the requirements of 8 AAC 97.025(a) and (b), except that a showing of interest of only 10 percent of the employees is required.

(b) A labor or employee organization seeking to intervene for the purpose of representing a bargaining unit of employees different from that sought by the original petition, but that wishes to include some of the same employees in the unit proposed by the original petition, must file its own petition for certification that meets the requirements of 8 AAC 97.025, including the 30 percent showing of interest.

(c) An intervention petition will not be considered by the labor relations agency unless it is filed within the 15-calendar-day period established in 8 AAC 97.070. The labor relations agency will consider a petition that substantially fulfills the requirements of (a) and (b) of this section.

(d) A petition filed with the labor relations agency during the 15-calendar-day period established in 8 AAC 97.070 and that affects an employee covered by the original posted petition will, in the discretion of the agency, be treated as an intervention.

(e) A petition to intervene is not required to be posted under 8 AAC 97.070.

(f) If all or part of a bargaining unit subject to a posted petition is already represented by a labor or employee organization, the current representative is an intervenor without the necessity of meeting the requirements of (a) - (c) of this section.

History: Eff. 7/22/93, Register 127

Authority: AS 23.05.380

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