Alaska Administrative Code

To file a document with the labor relations agency, a party shall mail or deliver one copy of the document to the agency in person, by mail, by facsimile transmission, or by electronic mail. If the party files a document by facsimile transmission or electronic mail under 8 AAC 97…

(a) When a party files a document with the labor relations agency, that party shall serve a copy of that document on all parties involved or, if applicable, on a parry's representative. The filing party may serve the document by mail, facsimile transmission, hand delivery, or ele…

Documents may be filed with the labor relations agency electronically by facsimile transmission or by electronic mail. Documents may be served on a party by facsimile transmission of by electronic mail, if that party has consented to electronic mail service. The filing party shal…

(a) A petition for certification of public employee representative filed by a labor or employee organization must contain the following information: (1) the name, title, address, electronic mail address, telephone and facsimile machine numbers of the public employer's contact per…

(a) Except as provided in (d) of this section, a petition for decertification of a public employee representative certified by the labor relations agency or currently recognized by the public employer must contain the following information: (1) a statement that 30 percent of the …

(a) A petition for certification filed by a public employer under AS 23.40.100(a)(2) or AS 42.40.750(a) must contain the following information: (1) the petitioner's name, address, and the approximate number of the petitioner's employees; (2) a brief statement that one or more lab…

(a) A public employer or a public employee representative may file a petition seeking (1) clarification of an existing bargaining unit, where no question concerning representation exists, in order to resolve a question of unit composition raised by changed circumstances since cer…

(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 propos…

(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 …

(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…

(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 docume…

(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 a…

(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 …

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 t…

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…

(a) A public employer shall submit an electronic, searchable, and alphabetical roster of employees eligible to vote to the labor relations agency and to the candidates for representation at least 14 calendar days before the date set for the election, or at least 14 calendar days …

(a) The labor relations agency may conduct a secret ballot election manually, by mail ballot, by electronic 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 wi…

A ballot must contain, in addition to the choice of possible representatives, a place where the choice of "no bargaining representative" may be indicated. Notes 8 AAC 97.150 Eff. 7/22/93, Register 127; am 4/14/95, Register 134 Authority:AS 23.05.380 AS 23.40.100 AS 23.40.170 AS 4…

(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 …

(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 filin…

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 app…

(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 eli…

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 cond…

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 assoc…

(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, electronic mail address, telephone and facsimile machine numbers of the respondent against whom the complaint or accusation…

(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) Befo…

(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 …

(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…

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 dismis…

(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.…

(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 t…

(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…

(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 arbitratio…

Notes 8 AAC 97.300 Eff. 7/22/93, Register 12; repealed 5/18/2002, Register 162 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

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 fr…

(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, electronic mail addre…

(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 interna…

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…

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 wit…

(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 97.48…

(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…

(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 disc…

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. Notes 8 AAC 97.370 Eff. 7/22/93, Register 127 Authority:AS 2…

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.…

The labor relations agency will, in its discretion, consolidate or sever cases. Notes 8 AAC 97.380 Eff. 7/22/93, Register 127 Authority:AS 23.05.380 AS 23.40.170 AS 42.40.820 State regulations are updated quarterly; we currently have two versions available. Below is a comparison …

(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 tha…

(a) The labor relations agency may allow the hearing officer, a party, a witness, a representative, or an agency member to participate in a hearing electronically or through other digital or electronic telecommunication method if the electronic participation does not result in su…

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 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. Notes 8 AA…

At the close of a hearing, a party may request or the labor relations agency will, in its discretion, require the parties to argue orally, to file briefs, or to file proposed findings of fact and conclusions of law. The agency will set the time for oral argument, filing of briefs…