Section R4-2-204. Investigation of Petition

A.       The Board or its agent shall notify the agricultural employer by telephone within 10 days after a petition for election is filed. Within seven days of notification, the agricultural employer shall furnish each employment record, payroll signa- ture list, and other pertinent data requested by the Board or its agent to investigate the petition. The agricultural employer shall certify in writing and under oath that the information pro- vided to the Board is true, complete, and accurate.

B.       The Board shall review each authorization submitted under R4-2-205, as soon as practicable, to determine whether there is reasonable cause to believe a question of representation exists under A.R.S. § 23-1389 and R4-2-210.

C.       The Board may conduct any investigation it deems necessary, following a review of the authorizations and pertinent employ- ment data, to determine whether a question of representation exists including, but not limited to, a field investigation.

D.       The Board shall conduct an investigation in a manner that pre- serves the confidentiality of the identity  of an agricultural employee who does or does not sign an authorization. The Board shall not disclose an investigative report or the identity of a person interviewed in conjunction with the investigation except as required by law.

E.       The Board or its agent shall not disclose to any person or party the number of authorizations filed or any other information concerning the investigation, except as required by law.

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).