Section 8.97.160. 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.  

Authorities

23.05.380;23.40.100;23.40.170;42.40.750;42.40.820

Notes

Authority

AS 23.05.380 AS 23.40.100 AS 23.40.170 AS 42.40.750 AS 42.40.820 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.

History

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