R 423.146 Hearing on election petition.

Rule 146. (1) If a consent election agreement is not executed by the required parties, the petition for election shall be referred to an administrative law judge, who, after due notice, may hold a hearing for the purpose of gathering facts on the matters in dispute. R 423.171, R 423.172, R 423.173, and R 423.174 apply to all hearings conducted under this rule. A notice of hearing or other notice shall be served upon all interested parties including any intervenor. The notice of hearing shall set the time, date, and place of the hearing, and, unless by agreement of the parties or in case of special circumstances, the time shall be not less than 5 days after service of the notice. (2) The commission or its agent may consolidate representation and unfair labor practice proceedings for hearing and decision. (3) In addition to the duties and powers enumerated in R 423.172, an administrative law judge presiding over a hearing involving an election petition may take evidence regarding issues not specifically raised by the parties. (4) After the hearing closes, or where there is no material dispute of fact, the commission shall determine the matters in dispute and direct an election, dismiss the petition, or make other disposition of the matter as the commission deems appropriate. The commission may reopen a proceeding under R 423.166 or R 423.167. (5) If a motion for reconsideration or rehearing of a commission order directing an election is filed, then the commission, during its consideration of the motion, shall conduct the election under its original direction, count the ballots, and issue a certification of results or representation unless a party makes a written request to stay the election or impound the ballots, or both, and the commission determines that it would not effectuate the purpose of the statute to conduct an election or count the ballots, or both, while the motion is pending. (6) If an appeal of a commission order directing an election is filed with a court, then the commission shall conduct the election under its original direction, count the ballots, and issue a certification of results or representative unless a stay is issued by the court.