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Authority: AS 23.05.380

AS 23.40.090

AS 23.40.100

AS 23.40.170

AS 42.40.740

AS 42.40.750

AS 42.40.820

8 AAC 97.070. Notice of petition

(a) If a petition for certification or decertification is investigated under 8 AAC 97.060 and the labor relations agency finds reasonable cause to believe a question of representation exists, the labor relations agency will cause a notice of the petition to be posted in the work areas of the employees in the existing or proposed bargaining unit. The notice will contain the following information:

(1) the name of the petitioner;

(2) a description of the existing or proposed bargaining unit involved;

(3) a statement that interested parties have 15 calendar days from the date of the posting of the notice to file

(A) an objection to the appropriateness of the proposed bargaining unit;

(B) an objection to the conduct of an election;

(C) a petition to intervene under 8 AAC 97.080.

(b) If posting under (a) of this section occurs in multiple locations, the agency will consider the date of posting to be the date notice was posted in the last of the multiple locations.

History: Eff. 7/22/93, Register 127; am 5/20/2007, Register 182

Authority: AS 23.05.380

AS 23.40.100

AS 23.40.170

AS 42.40.750

AS 42.40.820

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) , (b), and (c), except that a showing of interest by 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 may 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; am 5/20/2007, Register 182

Authority: AS 23.05.380

AS 23.40.100

AS 23.40.170

AS 42.40.750

AS 42.40.820

8 AAC 97.085. Additional ballot choices

(a) A labor or employee organization wishing to be on an election ballot shall present the labor relations agency with a showing of interest from at least five percent of the employees in the bargaining unit in which the election will occur. The showing of interest must be documented by written authorization cards or forms that are signed and dated by the employees during the 120 days immediately preceding the filing of the written authorization cards or forms. The written authorization cards of forms must include each employee's job classification and position control number if applicable, and authorize the petitioner to represent the employees for collective bargaining purposes. The showing of interest must be provided to the labor relations agency no later than the date of the hearing on the petition or the date of a consent election agreement, if a consent election agreement is used.

(b) A labor or employee organization that is to be listed on a ballot under (a) of this section is bound by any stipulation made or to be made between the public employer and a petitioner and intervenors.

History: Eff. 7/22/93, Register 127; am 5/18/2002, Register 162; am 5/20/2007, Register 182

Authority: AS 23.05.380

AS 23.40.100

AS 23.40.170

AS 42.40.750

AS 42.40.820

8 AAC 97.090. General criteria for bargaining units

(a) Except as provided in AS 23.40.240 , at the state level a proposed bargaining unit is not an appropriate bargaining unit if it combines

(1) supervisory personnel with nonsupervisory personnel; or

(2) confidential employees with other employees.

(b) As defined in 8 AAC 97.990 and as used in this section, the term "confidential employee" must be narrowly construed.

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

Authority: AS 23.05.380

AS 23.40.090

AS 23.40.170

AS 42.40.740

AS 42.40.820

8 AAC 97.100. Consent elections

(a) After a notice of petition has been posted for 15 calendar days, the public employer, the petitioner, and any other party who has objected or intervened under 8 AAC 97.070(3) , may waive the labor relations agency hearing in 8 AAC 97.060(f) and 8 AAC 97.330 - 8 AAC 97.480 and agree to a consent election. The waiver is subject to approval by the labor relations agency. The waiver must be in the form of a written stipulation that

(1) specifies the bargaining unit agreed upon by the parties;

(2) provides that a secret ballot election be conducted among the employees in the agreed-upon bargaining unit;

(3) identifies the eligibility period for participation in the election;

(4) specifies the dates, hours, and places of the election;

(5) identifies how the bargaining unit will be designated on the ballot; and

(6) other related election procedures.

(b) An election held under a stipulation will be conducted by the labor relations agency in accordance with requirements specified by the labor relations agency for that election.

(c) If the parties cannot decide the matters identified in (a)(3) - (a)(5) of this section, the labor relations agency will decide the matters.

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

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