8 AAC 97.250. Review of dismissals

(a) Within 10 days of the date of service of dismissal of an unfair labor practice complaint or accusation, the complaining or accusing party may file an appeal of the dismissal with the labor relations board. Proof of service on the respondent is required in accordance 8 AAC 97.015.

(b) The appeal must state the reasons supporting reinstatement of the complaint or accusation. If the complaint or accusation was dismissed for lack of evidence, the complaining or accusing party may provide additional evidence and an explanation why the evidence was not previously presented during the investigation. If the complaint or accusation was dismissed for failure to state facts that if proven would be an unfair labor practice, the complaining or accusing party may provide additional legal argument in support of its position that the complaint or accusation states an unfair labor practice.

(c) After reviewing the appeal the agency will either affirm the dismissal, remand the case for further investigation, or issue a notice of accusation under 8 AAC 97.240.

History: Eff. 7/22/93, Register 127

Authority: AS 23.05.380

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