Arizona Administrative Code
Title 4 - PROFESSIONS AND OCCUPATIONS
Chapter 2 - Agricultural Employment Relations Board
Article 2 - ELECTIONS
Section R4-2-209 - Showing of Interest Computation

Universal Citation: AZ Admin Code R 4-2-209

Current through Register Vol. 30, No. 38, September 20, 2024

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 bargaining 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 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. There is no substantial evidence establishing that the employee's leave of absence is a pretense or that the employee will not return from the leave of absence as scheduled.

E. The Board shall not include in the bargaining unit an agricultural 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. There is no substantial evidence establishing that the employee's workers' compensation leave is a pretense or that the employee will not return from the workers' compensation leave of absence as scheduled.

Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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