1. A. Only an individual who is an agricultural employee in the appropriate bargaining unit on the date of an election is eligible to vote in the election.

2. B. A party may be represented by two observers of the party’s selection, subject to the following limitations:

   1. 1. A union shall not select as an observer an official of any labor organization, and
   2. 2. An agricultural employer shall not select as an observer a supervisor or company official.
3. C. A party or the Board’s agent may challenge, for good cause, the eligibility of an individual to participate in an election. The Board shall impound the ballot of a challenged individual.
4. D. The Board shall issue a tally of the ballots upon the conclusion of the election.
5. E. If there are enough challenged ballots to affect the results of the election, the Board shall, as soon as practicable, investigate the challenges, issue a revised tally, and serve the revised tally upon all parties.

Historical Note

Adopted effective December 26, 1995 (Supp. 95-4). Amended by final rulemaking at 9 A.A.R. 460, effective January 21, 2003 (Supp. 03-1).