Section R4-2-215. Objections to Election

A.       Within seven days after the tally of the ballots by the Board, a party may file with the Board an objection to the conduct of the election or conduct affecting the results of the election. The party filing the objection shall specifically set forth each fact and allegation in support of the objection. The party filing the objection shall simultaneously serve a copy of the objection on all other parties and file a statement of service with the Board. The party filing the objection shall not raise in the objection an issue that was or could have been raised in either a challenge to the petition or the pre-election hearing.

B.       The Board shall not take further action if an objection to the conduct of the election or conduct affecting the results of the election is not filed timely, or does not comply with subsection (A). The Board shall send a written notice to all parties that it will take no further action.

C.       The Board shall immediately issue a certification of the results of the election, including certification or decertification of the representative, as appropriate, if:

1.        Objections are not filed within the time prescribed in sub- section (A), or

2.        The number of challenged ballots is insufficient to affect the election results, and

3.        A run-off election is not required under R4-2-217.

D.       A party may appeal the Board’s decision as prescribed in Title 41, Chapter 6, Article 10.

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).