Section R4-2-209. Showing of Interest Computation

A.       The Board or its agent shall compute the showing of interest for any pay period within the eligibility period by taking the total number of agricultural employees employed in the bar-

gaining unit during that pay period and determining how many of those employees signed a valid authorization as prescribed in this Article.

B.       To determine whether an individual is an agricultural employee, permanent, within the meaning of A.R.S. § 23- 1382(1), six months means 132 work days.

C.       The Board shall not include as an employee in the bargaining unit for a pay period an agricultural employee who is eligible for unemployment benefits for the entire pay period.

D.       The Board shall not include in the bargaining unit for a pay period an agricultural employee who is on a leave of absence for the entire pay period unless the following conditions are met:

1.        The employer produces a document, signed by the employee and notarized, stating that the employee was placed on leave of absence for a specified period of time;

2.        The date  of the employee’s projected return does not exceed six months from the date the petition for election is filed; and

3.        Substantial evidence does not exist establishing that the employee is not on a bona fide leave of absence or will not return from the leave of absence as scheduled.

E.       The Board shall not include in the bargaining unit an agricul- tural employee who is placed on workers’ compensation leave, unless the following conditions are met:

1.        The employer produces a document signed by a licensed physician stating the date the employee was placed on workers’ compensation leave and the date of the employee’s projected return,

2.        The date  of the employee’s projected return does not exceed six months from the date the petition for election is filed, and

3.        Substantial evidence does not exist establishing that the employee is not on a bona fide workers’ compensation leave or will not return from the workers’ compensation leave as scheduled.

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).