Section R4-2-213. Peak Employment During Eligibility Period and Election

A.       A bargaining unit is at peak when the number of employees in the unit is not less than 66 2/3 percent of the maximum number of employees who have been or will be employed in the bar- gaining unit during the current crop growing season.

B.       In determining the total number of bargaining unit employees who have been or will be employed at any one time during the current growing season, the ALJ shall consider:

1.        The employer’s prior peak employment figures,

2.        The types of crops grown,

3.        The past and present acreage for the crop or crops in question,

4.        The number of employees at other farms with the same or similar crops and similar acreage, and

5.        Any other relevant fact.

C.       A question of representation exists in a bargaining unit only if the bargaining unit is at peak during the eligibility period as required by R4-2-210. The respondent named in a petition has the burden to allege and prove that the bargaining unit is not at peak during a pay period in an eligibility period.

D.       The Board shall hold an election when the bargaining unit is at peak. If peak does not occur at any time during the remainder of the current growing season, the Board shall hold the elec- tion at peak during the following growing season.

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).