Parties have the right to challenge the ballots of persons they claim are not eligible for inclusion in the bargaining unit, and those ballots will be set aside for a ruling later. If challenged ballots are sufficient in number to affect the outcome of the election, a hearing will be held and a decision will be issued on those eligibility disputes. PERC will issue a tally of the election result to the parties. The parties have 7 days to file objections, once a conclusive tally is issued. Objections can allege errors in the election or cross-check procedure.
Objections can allege misconduct by a party which improperly affected the outcome.
The parties have a right to file briefs in support of or in opposition to objections. If objections raise disputed issues of fact, a Hearing Officer is assigned. A notice is issued, setting a date, time and place for a formal hearing. The Hearing Officer presides at the hearing. The parties present evidence through witnesses and exhibits.