8 AAC 97.160. Challenged ballots

(a) A party or a representative of the labor relations agency may challenge, for good cause, the eligibility of a person to participate in an election or the validity of a ballot cast. Challenged ballots will be impounded by the labor relations agency and tallied separately from unchallenged ballots.

(b) If the number of challenged ballots could not affect the outcome of the election, the ballots will not be counted and may not constitute a basis for objection to the conduct of the election.

(c) If the number of challenged ballots could affect the outcome of the election, the labor relations agency will consider, through investigation, hearing or other proceedings, the challenges to these ballots and will rule promptly upon the validity of the challenges. If a challenge is found valid, the labor relations agency will not open or tally the ballots subject to that challenge. If a challenge is found invalid, the labor relations agency will count the ballots subject to that challenge and segregate them in a manner that will maintain the confidentiality of the votes, where possible, and preserve the challenge for subsequent appeal.

(d) A party may withdraw a challenge to a ballot after the other ballots are tallied only with the consent of the other parties and the approval of the election supervisor. The election supervisor shall base that approval on the criteria set out in the National Labor Relations Board Casehandling Manual (Part Two) Representation Proceedings. The National Labor Relations Board Casehandling Manual (Part Two) Representation Proceedings , as revised in August 1999, is adopted by reference.

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

Authority: AS 23.05.380

Editor's note: Copies of the National Labor Relations Board Casehandling Manual (Part Two) Representation Proceedings as revised in August 1999, are available for inspection at the Alaska Labor Relations Agency office in Anchorage. Copies may be purchased from the Superintendent of Documents, United States Government Printing Office, Mail Stop: SSOP, Washington, DC 20402-9328.

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.