8 AAC 97.170. Objections concerning elections

(a) Within five calendar days after the labor relations agency furnishes the tally of ballots to the parties, a party may file an objection to the manner in which the election was conducted or to conduct affecting the results of the election. Within five calendar days after filing an objection, the objecting party shall submit a statement of material facts and issues and a summary of material evidence. Copies of documents filed under this subsection must be served according to the requirements of 8 AAC 97.015.

(b) Within 14 calendar days after receipt of a statement of material facts and issues and a summary of material evidence, the election supervisor will investigate an objection and will issue a report on the objection and a proposed order, which recommend certifying the existing election, holding a new election, or other action to assure compliance with AS 23.40.100 , AS 42.40.750 , and this chapter. The agency chair will, in the chair's discretion, extend the period for issuing the report up to 21 additional days, if the election supervisor

(1) serves a written request for extension upon each party; and

(2) makes a showing of good cause for the extension.

(c) Within 10 calendar days after service of the election supervisor's report and proposed order, a party may withdraw an objection or may appeal from the proposed report and order to the agency. If a party appeals, the matter shall be set for hearing before the agency under 8 AAC 97.330 - 8 AAC 97.480. After the hearing the agency will, in its discretion, certify the existing election, issue corrective orders, order a new election, or order other action to assure compliance with AS 23.40.100 , AS 42.40.750 , and this chapter.

(d) If no party withdraws its objection or appeals to the agency under subsection (c), the agency will, in its discretion, adopt the election supervisor's proposed order or require other action to assure compliance with AS 23.40.100 , AS 42.40.750 , and this chapter.

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

Authority: AS 23.05.380

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