reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.060 - Action on petition

Current through May 31, 2024
(a) The labor relations agency will
				  investigate a petition that substantially fulfills the requirements of
				  8 AAC 97.025,
				  8 AAC 97.030, or
				  8 AAC 97.040 and will determine if there is reasonable
				  cause to believe that a question of representation exists, including whether
				  the proposed bargaining unit appears to be appropriate for collective
				  bargaining purposes.
(b) No later
				  than 10 days after notice by the labor relations agency of a petition related
				  to a question of representation, the public employer shall file with the agency
				  an alphabetical list of all employees, including job titles, classifications,
				  and personal mailing addresses, in the proposed unit as of the last payroll
				  period before the date the petition was filed.
(c) The labor relations agency will
				  investigate the employee petition or interest cards submitted by the petitioner
				  and determine whether the petition is supported by 30 percent of the employees
				  in the proposed bargaining unit. The agency's determination under this section
				  is final, except as provided in
				  8 AAC 97.470.
(d) The employee petition or interest cards
				  in support of a showing of interest are confidential records that may not be
				  disclosed and are not part of the public record.
(e) The labor relations agency will dismiss a
				  petition if
(1) the petitioner does not
				  correct an insufficiency within six days after the agency provides notice that
				  the required showing of interest is insufficient;
(2) the proposed bargaining unit appears to
				  be an inappropriate unit for collective bargaining purposes;
(3) a collective bargaining agreement is in
				  effect unless the petition is filed between 150 calendar days and 90 calendar
				  days before the expiration date of the agreement; or
(4) an election has been held in the
				  bargaining unit or a subdivision of the bargaining unit within one year
				  preceding the date of filing of the petition.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.070 - Notice of petition

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.080 - Intervention

Current through May 31, 2024
(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.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.085 - Additional ballot choices

Current through May 31, 2024
(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.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.090 - General criteria for bargaining units

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.100 - Consent elections

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.110 - Recognition by mutual consent

Current through May 31, 2024
The public employer and a labor or employee organization
					 may agree that the labor or employee organization is to be the representative
					 of employees in an agreed-upon bargaining unit. Upon the request of the labor
					 or employee organization, the labor relations agency will certify the
					 organization if investigation by the labor relations agency verifies the
					 majority status of the labor or employee organization and the appropriateness
					 of the bargaining unit under
					 AS
					 23.40.090 or
					 AS
					 42.40.740. The labor relations agency will,
					 in its discretion, verify majority status by
(1) reviewing the employee petition or
				  interest cards for support of 50 percent of the employees, plus one additional
				  employee, in the proposed bargaining unit;
(2) reviewing certifications of the results
				  of a collective bargaining agreement ratification election from the labor or
				  employee organization and from the public employer, so long as all members of
				  the bargaining unit had the right to vote in the election; or
(3) other means determined by the labor
				  relations agency and agreed to by the parties.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.120 - Notice of election

Current through May 31, 2024
Notice of an election will be furnished by the labor
					 relations agency to the public employer for posting in the work areas of the
					 employees in the bargaining unit. The notice must be posted for at least 14
					 calendar days before the date of the election. The notice must contain the
					 following information:
(1) the details
				  and the procedures for the election;
(2) the appropriate bargaining
				  unit;
(3) the eligibility
				  period;
(4) the dates, hours and
				  places of the election; and
(5) a
				  sample ballot.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.130 - Voting eligibility and voting roster

Current through May 31, 2024
(a) At least 14
				  calendar days before the date set for the election, or in the case of a mail
				  ballot election, at least 14 calendar days before the date set for mailing
				  ballots to voters, the public employer shall submit a roster of employees
				  eligible to vote to the labor relations agency and to the candidates for
				  representation. The roster must contain the names of eligible employees in
				  alphabetical order and their job titles, classifications, and personal mailing
				  addresses.
(b) To be eligible to
				  vote, an employee must be listed on the employment roster of the public
				  employer
(1) four weeks before the date of
				  the election, or in the case of a mail ballot election, four weeks before the
				  date set for mailing ballots to voters; and
(2) on the date of the election, or in the
				  case of a mail ballot election, on the date the ballots are counted.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.140 - Election procedures

Current through May 31, 2024
(a) The labor relations agency will, in its
				  discretion, conduct a secret ballot election manually, by the use of a mail
				  ballot, or by a combination of manual and mail ballot.
(b) A party may be represented at the polling
				  places by observers. The exact number of observers per polling place will be
				  established by the labor relations agency. A representative of the labor
				  relations agency will also be at each polling place.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.150 - Form of ballots

Current through May 31, 2024
A ballot must contain, in addition to the choice of
					 possible representatives, a place where the choice of "no bargaining
					 representative" may be indicated.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.160 - Challenged ballots

Current through May 31, 2024
(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.
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.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.170 - Objections concerning elections

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.180 - Certification of election results

Current through May 31, 2024
If no objections are filed within five calendar days after
					 the tally of ballots has been furnished, and if no runoff election is to be
					 held, the labor relations agency will issue a certification of the results of
					 the election, including certification of the representative, if appropriate.
					 The certification will include a description of the bargaining
					 unit.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.190 - Runoff election

Current through May 31, 2024
(a) The labor relations agency will conduct a
				  runoff election if an election in which the ballot provides for not less than
				  three choices results in no choice receiving a majority of the valid ballots
				  cast, and all objections filed have been disposed of.
(b) Employees who are eligible to vote in the
				  original election and who are employed in the bargaining unit as of the date of
				  the runoff election are eligible to vote in the runoff election. For mail
				  ballot runoff elections, employees are eligible to vote if they were eligible
				  to vote in the original election and they are employed on the date the mail
				  ballots are counted in the runoff election.
(c) The ballot in the runoff election shall
				  provide for a selection between the two choices receiving the largest and
				  second largest number of votes in the original election.
(d) If there are objections to the conduct of
				  the runoff election, the objections will be processed in accordance with
				  8 AAC 97.170.
(e) The labor relations agency will issue a
				  certification of the results of the runoff election, including certification of
				  a representative, if appropriate.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.200 - Organizational activities

Current through May 31, 2024
A labor or employee organization may organize employees
					 only during the employees' lunch break, relief period, or before or after the
					 employees' working hours. A labor or employee organization shall notify a
					 public employer that it is on the public employer's premises before conducting
					 organizing activities. A labor or employee organization that fulfills the
					 requirements of this section may not be denied the right to conduct
					 organizational activity by the public employer.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 1 - Certification › 8 AAC 97.210 - Commencement of bargaining

Current through May 31, 2024
The obligation to bargain is effective upon a demand by a
					 labor organization or employee association after the labor relations agency
					 furnishes a tally of ballots showing that a majority of the votes were cast in
					 favor of representation by the labor organization or employee association. The
					 election supervisor may delay the start of the obligation if the party seeking
					 the delay
(1) has filed an objection
				  under 8 AAC 97.170; and
(2) shows a high probability of success on
				  the merits of the objection.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.110
AS 23.40.170
AS 42.40.750
AS 42.40.760
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 2 - Unfair Labor Practices › 8 AAC 97.220 - Commencement of an unfair labor practice proceeding

Current through May 31, 2024
(a) An unfair labor
				  practice proceeding is commenced by filing a complaint or accusation.
(b) A complaint or accusation must contain:
(1) the name, address, and telephone and
				  facsimile machine numbers of the respondent against whom the complaint or
				  accusation is made;
(2) a plain and
				  concise description of the alleged violation including the date or dates of the
				  alleged violation and, if possible, the name, address, and telephone and
				  facsimile machine number of each person who is alleged to have committed the
				  violation;
(3) the name,
				  affiliation, address, and telephone and facsimile machine numbers of the party
				  filing the complaint or accusation, and a statement of the capacity in which
				  that party is acting;
(4) the
				  statute or regulation that the respondent is alleged to have
				  violated;
(5) a sworn and notarized
				  statement by the party or representative of the party, signing the complaint or
				  accusation that to the best of that person's information and belief the
				  statements in the complaint or accusation are true.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 2 - Unfair Labor Practices › 8 AAC 97.225 - Complaints or accusations by employees

Current through May 31, 2024
(a) Before a
				  represented employee may file a complaint or accusation against a labor
				  organization or employee association under this chapter, the employee must
				  exhaust all remedies available through the internal review procedures of the
				  labor organization or association.
(b) Before a represented employee may file a
				  complaint or accusation against an employer under this chapter, the employee
				  must
(1) meet the requirements of (a) of this
				  section; and
(2) prove under
				  AS
				  23.40.110(c) or
				  AS
				  42.40.760(c) that the labor
				  organization or employee association committed an unfair labor
				  practice.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 2 - Unfair Labor Practices › 8 AAC 97.230 - Investigation and informal resolution

Current through May 31, 2024
(a) The labor
				  relations agency will investigate the facts and circumstances surrounding a
				  complaint or accusation filed under
				  8 AAC 97.220, including whether grievance arbitration
				  procedures as required under
				  AS
				  23.40.210 and
				  AS
				  42.40.860, if applicable, have been
				  exhausted. The complainant's failure to provide information within the time
				  frames specified by the agency during the investigation may result in the
				  dismissal of the complaint or accusation.
(b) If the agency makes a preliminary finding
				  that probable cause exists to support the complaint or accusation, the agency
				  will attempt to resolve the dispute through the use of conference,
				  conciliation, and persuasion. Unless the parties agree to a longer period, the
				  agency will spend no more than 21 days attempting to achieve informal
				  resolution.
Authority:
AS
						23.05.380
AS 23.40.120
AS 23.40.170
AS 23.40.210
AS 42.40.770
AS 42.40.820
AS
						42.40.860
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 2 - Unfair Labor Practices › 8 AAC 97.240 - Notice of accusation

Current through May 31, 2024
(a) If the complaint or accusation has not
				  been resolved after investigation and informal resolution under
				  8 AAC 97.230, the labor relations agency will issue a
				  notice of accusation that includes a formal finding that probable cause exists
				  and proceed with a hearing in accordance with
				  AS
				  23.40.130 or
				  AS
				  42.40.780.
(b) Relevant decisions of the National Labor
				  Relations Board will be given great weight in determining what constitutes an
				  unfair labor practice under
				  AS
				  23.40.110 and
				  AS
				  42.40.760.
Authority:
AS
						23.05.380
AS 23.40.110
AS 23.40.120
AS 23.40.130
AS 23.40.170
AS 42.40.760
AS 42.40.770
AS 42.40.780
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 2 - Unfair Labor Practices › 8 AAC 97.245 - Dismissal of charge

Current through May 31, 2024
If, after investigation and informal resolution, the labor
					 relations agency determines that probable cause does not exist to support the
					 complaint or accusation, the agency will dismiss the complaint or accusation in
					 whole or part. The agency will issue a written notice of dismissal stating the
					 reason for the dismissal and serve a copy of the notice on the complaining or
					 accusing party and the respondent.
Authority:
AS
						23.05.380
AS 23.40.120
AS 23.40.170
AS 42.40.770
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 2 - Unfair Labor Practices › 8 AAC 97.250 - Review of dismissals

Current through May 31, 2024
(a) Within 10 days of the date of service of
				  dismissal of an unfair labor practice complaint or accusation, the complaining
				  or accusing party may file an appeal of the dismissal with the labor relations
				  board. Proof of service on the respondent is required in accordance
				  8 AAC 97.015.
(b) The appeal must state the reasons
				  supporting reinstatement of the complaint or accusation. If the complaint or
				  accusation was dismissed for lack of evidence, the complaining or accusing
				  party may provide additional evidence and an explanation why the evidence was
				  not previously presented during the investigation. If the complaint or
				  accusation was dismissed for failure to state facts that if proven would be an
				  unfair labor practice, the complaining or accusing party may provide additional
				  legal argument in support of its position that the complaint or accusation
				  states an unfair labor practice.
(c) After reviewing the appeal the agency
				  will either affirm the dismissal, remand the case for further investigation, or
				  issue a notice of accusation under
				  8 AAC 97.240.
Authority:
AS
						23.05.380
AS 23.40.120
AS 23.40.130
AS 23.40.170
AS 42.40.770
AS 42.40.780
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 3 - Impasse › 8 AAC 97.260 - Petition for strike class determination

Current through May 31, 2024
(a) A public
				  employer or public employee representative may file a petition with the labor
				  relations agency seeking agency determination of the strike classification
				  under AS
				  23.40.200 of members of a bargaining
				  unit.
(b) The petition for strike
				  class determination must contain the following information:
(1) the name or description of the bargaining
				  unit;
(2) the date of certification
				  or recognition of the bargaining representative;
(3) the expiration date of the collective
				  bargaining agreement;
(4) the name
				  of the bargaining unit members for whom classification under
				  AS
				  23.40.200 is petitioned and the proposed
				  classification;
(5) name, address,
				  telephone and facsimile machine numbers, and affiliation, if any, of the
				  petitioner;
(6) a declaration by
				  the person signing the petition that its contents are true and correct to the
				  best of that person's knowledge and belief;
(7) the signature, title, and telephone and
				  facsimile machine numbers of the petitioner's representative.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 3 - Impasse › 8 AAC 97.270 - Mediation

Current through May 31, 2024
(a) If the labor relations agency determines
				  that negotiations between the railroad corporation and employee representative
				  have reached an impasse, the agency will appoint a mediator in accordance with
				  AS
				  42.40.840. The mediator shall end the
				  mediation if the mediator determines that an impasse exists after attempting
				  mediation. The mediator's decision to end mediation must be delivered in
				  writing to the parties and the labor relations agency.
(b) If, in accordance with
				  AS
				  23.40.190, the labor relations agency finds
				  that negotiations between a public employer and an employee representative have
				  reached an impasse, the agency may request a mediator appointed by the Federal
				  Mediation and Conciliation Service.
Authority:
AS
						23.05.380
AS 23.40.170
AS 23.40.190
AS 42.40.820
AS 42.40.840
AS
						42.40.850
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 3 - Impasse › 8 AAC 97.280 - Advisory arbitration

Current through May 31, 2024
(a) Upon a finding of impasse by the labor
				  relations agency or a stipulation of impasse between a public employer and the
				  employee representative of a municipal school district, regional educational
				  attendance area or state boarding school employees subject to advisory
				  arbitration under
				  AS
				  23.40.200, the labor relations agency will
				  order the parties to advisory arbitration. If the parties are unable to agree
				  on the selection of an arbitrator within ten days of the issuance of the
				  agency's order to arbitrate, the agency will refer the parties to an advisory
				  arbitrator. The parties will present their positions to the arbitrator at a
				  time mutually agreed to or, if no agreement is reached, at a time determined by
				  the arbitrator. The parties may submit to the arbitrator reports of proceedings
				  to date, any mediation reports, and any other relevant materials. The advisory
				  arbitrator shall review the issues and make a report, including any
				  recommendations. The advisory arbitrator shall serve the report upon the
				  parties and upon the agency in accordance with
				  8 AAC 97.015. The report of the advisory arbitrator is
				  not binding.
(b) The parties shall
				  undertake negotiations following receipt of the advisory arbitrator report or
				  90 days from the appointment of the arbitrator, whichever occurs first. The
				  parties shall bear the costs of the advisory arbitration as directed by the
				  arbitrator. Unless the parties agree otherwise, the requirement for advisory
				  arbitration is met if the parties have not resolved the dispute 30 days
				  following service of the report of the advisory arbitrator or 90 days following
				  the appointment of the arbitrator, whichever occurs first.
(c) After a mutually recognized impasse
				  following advisory arbitration or upon meeting the advisory arbitration
				  requirement in (b) of this section, a municipal school district, regional
				  educational attendance area, or state boarding school may implement its last,
				  best offer, and the employees may engage in a strike if a majority of the
				  employees in a collective bargaining unit have voted by secret ballot to do
				  so.
Authority:
AS
						23.05.380
AS 23.40.110
AS 23.40.170
AS
						23.40.200
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 4 - Right of Nonassociation › 8 AAC 97.305 - Escrow account for disputed service fees

Current through May 31, 2024
A labor organization or employee association shall maintain
					 an escrow account for disputed dues, initiation fees, assessments, and service
					 fees and shall hold amounts in dispute in escrow. The escrow account must be in
					 a federally insured financial institution. If the payments from more than one
					 objector are combined, records must be kept of each payment and of the interest
					 that the payment earns. The labor organization or employee association shall
					 bear the cost of maintaining the account.
Authority:
AS
						23.05.380
AS 23.40.170
AS 23.40.225
AS 42.40.820
AS
						42.40.880
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 4 - Right of Nonassociation › 8 AAC 97.310 - Religious exemption from association

Current through May 31, 2024
(a) An employee
				  claiming the right of nonassociation with a labor organization or employee
				  association under
				  AS
				  23.40.225 or
				  AS
				  42.40.880 shall file the claim with the labor
				  relations agency and shall provide the following information:
(1) the name, address, telephone number, and
				  position control number of the employee;
(2) the name of the collective bargaining
				  unit concerned;
(3) the name,
				  address, telephone number, and facsimile machine number of the collective
				  bargaining representative;
(4) the
				  name, address, telephone number, and facsimile machine number of the public
				  employer; and
(5) a sworn and
				  notarized statement by the employee that the employee's sincerely held
				  religious beliefs prohibit the payment of dues, initiation fees, or assessments
				  to a labor organization or employee association.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 4 - Right of Nonassociation › 8 AAC 97.320 - Service fee objections

Current through May 31, 2024
(a) An employee with an objection to the
				  service fee assessed by a labor organization or employee association under
				  AS
				  23.40.110(b)(2) or
				  AS
				  42.40.760(b)(2) may object
				  to the amount of the fee by filing a claim with the labor organization or
				  employee association under its internal fair share procedures.
(b) A labor organization or employee
				  association shall provide internal fair share procedures that include
(1) financial statements of the labor
				  organization or employee association verified by an independent
				  auditor;
(2) identification of
				  expenses for collective bargaining and contract administration and of expenses
				  not chargeable to collective bargaining and contract administration;
(3) the opportunity for an employee to object
				  to payment of amounts unrelated to collective bargaining or contract
				  administration; and
(4) a prompt
				  decision by an impartial decision maker.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.330 - Notice of hearing

Current through May 31, 2024
The labor relations agency will give notice of a hearing to
					 the petitioner, respondent, and any intervenors at least 10 calendar days
					 before the hearing. The notice must state the
(1) date, time, place, and nature of the
				  hearing;
(2) bargaining unit or
				  units involved;
(3) name of each
				  party.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.340 - Unfair labor practice hearing

Current through May 31, 2024
As required by
					 AS
					 23.40.130 and
					 AS
					 42.40.780, a hearing on an unfair labor
					 practice complaint or accusation will comply with the administrative
					 adjudication provisions of
					 AS
					 44.62.330-44.62.630 (Administrative
					 Procedure Act). All other hearings will be conducted in accordance with
					 8 AAC 97.350 -
					 8 AAC 97.480.
Authority:
AS
						23.05.380
AS 23.40.130
AS 23.40.170
AS 42.40.780
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.350 - Procedures for other hearings

Current through May 31, 2024
(a) Only a
				  petitioner, complainant, respondent, party who has filed an objection under
				  8 AAC 97.070, or a party who has intervened under
				  8 AAC 97.080 has the right to present evidence and call
				  witnesses to testify under oath at a hearing conducted under
				  8 AAC 97.350 -
				  8 AAC 97.480.
(b) The labor relations agency will, in its
				  discretion, require the filing of written briefs.
(c) All relevant and material evidence is
				  admissible at a hearing.
(d) The
				  labor relations agency will, in its discretion, require any person it considers
				  appropriate to appear and testify at a hearing and to produce
				  evidence.
(e) Upon the application
				  of a party who has the right to present evidence and call witnesses at a
				  hearing, the labor relations agency will issue a subpoena requiring the
				  attendance and testimony of witnesses and the production of evidence. An
				  application for a subpoena must be in writing and state the name of the witness
				  or evidence with enough particularity to allow the witness or evidence to be
				  identified. Service of the subpoena is to be arranged by the party.
(f) In a hearing, the petitioner,
				  complainant, or intervenor bears the burden of proving the truth of each
				  element necessary to that party's cause by a preponderance of the
				  evidence.
(g) The agency will
				  determine the time and place of a hearing.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.160
AS 23.40.170
AS 42.40.750
AS 42.40.810
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.355 - Practice before agency

Current through May 31, 2024
(a) In proceedings before the labor relations
				  agency, a party may represent oneself or choose a person to represent the
				  party. The party shall provide notice of representation to the agency and other
				  parties. A representative need not be a licensed attorney.
(b) An individual may not be a representative
				  and a witness in the same proceeding.
(c) A party naming as a witness an opposing
				  representative must make a showing of necessity. If the agency determines that
				  necessity exists, the opposing representative shall stop serving as a
				  representative.
(d) A party
				  representing oneself is not subject to (b) of this section.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.360 - Prehearing conference

Current through May 31, 2024
(a) The labor relations agency will, in its
				  discretion and upon reasonable notice, require the parties to attend a
				  prehearing conference for the purpose of clarifying and simplifying the issues
				  involved in a contested case. At a prehearing conference, the agency will, in
				  its discretion, require the parties to disclose the evidence on which they
				  intend to rely, the witnesses they intend to present, and the purpose for which
				  the witnesses are to be presented.
(b) After a prehearing conference has
				  concluded, the agency will, in its discretion, issue an order specifying the
				  issues that will be considered and procedures that will be followed at the
				  hearing.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.370 - Hearing officer

Current through May 31, 2024
A hearing officer shall preside over a contested case. The
					 agency will, in its discretion, appoint a hearing officer to hear the case
					 alone and prepare a proposed decision or will hear the case with the hearing
					 officer.
Authority:
AS
						23.05.380
AS 23.40.100
AS 23.40.170
AS 42.40.750
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.375 - Panel assignment

Current through May 31, 2024
A party may seek to disqualify an agency member from
					 hearing a case by filing a request for disqualification as set out in
					 AS
					 44.62.450 no later than 15 days after service
					 of notice of the panel assignment. The agency will issue a determination of the
					 request as set out in
					 AS
					 44.62.450.
Authority:
AS
						23.05.360
AS 23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.380 - Consolidation and severance

Current through May 31, 2024
The labor relations agency will, in its discretion,
					 consolidate or sever cases.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.390 - Motions

Current through May 31, 2024
(a) A motion must be in writing or given
				  orally on the record at a hearing and must state the grounds for the motion and
				  the relief or order sought. A written motion must comply with
				  8 AAC 97.010 and
				  8 AAC 97.015.
(b) A motion to extend time must be
				  accompanied by a statement that the party filing the motion discussed or
				  attempted to discuss the extension with the other parties and must indicate
				  whether the extension is opposed.
(c) To be considered, a response to a motion
				  must be filed with the labor relations agency within 10 days after service of
				  the motion. The response must be served as provided in
				  8 AAC 97.010 and
				  8 AAC 97.015. A party may respond during a hearing to a
				  motion filed within 10 days of the hearing, unless the agency orders
				  otherwise.
(d) Hearing oral
				  argument or accepting a reply to a response to a motion is in the discretion of
				  the labor relations agency.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.400 - Telephonic participation

Current through May 31, 2024
(a) The labor
				  relations agency will, in its discretion, allow the hearing officer and one or
				  more parties, witnesses, representatives, or agency members to participate
				  telephonically in a hearing in the absence of substantial prejudice to opposing
				  parties. Regardless whether telephonic participation is used, a party or
				  representative may be physically present at the same site as the
				  witness.
(b) A request to
				  participate by telephone must be filed with the agency no later than the date
				  the witness list for the hearing is due. A copy of the request must be served
				  in accordance with
				  8 AAC 97.015. The party making the request shall contact
				  the labor relations agency to arrange the telephone call.
(c) Upon convening a telephonic hearing, the
				  hearing officer shall
(1) recite the date,
				  time, case name, case number, names and locations of parties and
				  representatives, and the type of hearing to be held;
(2) make sure that statements made by
				  participants are audible to all participants;
(3) instruct the participants on how the
				  hearing will be conducted, including the requirement that, in order to preserve
				  the record, speakers must identify themselves each time they speak.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.410 - Record of hearing

Current through May 31, 2024
Unless an objection is made that is sustained by the
					 agency, all documents filed with the labor relations agency, including
					 petitions, complaints, accusations, defenses, motions, responses, and orders,
					 are part of the hearing record without the need to be formally introduced into
					 the record. The record of a hearing includes any evidence admitted into the
					 record at the hearing.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 10 - Labor Relations › Chapter 97 - Collective Bargaining Among Public Employees › Article 5 - Procedure for Hearings › 8 AAC 97.420 - Hearing conduct

Current through May 31, 2024
The hearing officer will take any action necessary to
					 assure the fair and orderly conduct of a hearing, including excluding a person
					 from the hearing room and from any further proceedings in a case for disruptive
					 behavior or willful disobedience of the hearing officer.
Authority:
AS
						23.05.380
AS 23.40.170
AS
						42.40.820