A. 
If, 60 days prior to the expiration date of a current agreement, the parties have not agreed to the terms and conditions of a new agreement, the board shall select and assign a neutral mediator who shall mediate all further negotiation sessions between the parties until directed otherwise by the board, in its discretion. Nothing in these rules shall prevent the board, in its discretion, from selecting a mediator prior to the time specified herein, so long as the selected mediator is not assigned to begin his or her duties sooner than 60 days prior to the expiration of a current agreement, except as otherwise provided in subsection B of this section.
B. 
Notwithstanding the provisions of subsection A of this section, the board may assign a mediator to assist the parties at any time sooner than 60 days prior to the expiration of a current agreement, upon the joint request of the parties, or, if in the case of a complaint alleging an unfair labor practice, the parties have voluntarily agreed to submit the conflict to nonbinding mediation.
C. 
Neither the board nor the mediator shall have any power of compulsion in mediation proceedings.
D. 
The cost of the mediator shall be borne by the municipality.
(AR No. 97-180, § 1, 8-19-1997)
A. 
In the event the board is notified by any person that an illegal strike has occurred, the board shall convene a special hearing as soon as practical, but in no event more than 72 hours after notice of such strike, to determine whether an illegal strike has in fact occurred. The special hearing and all testimony therein shall be electronically recorded.
B. 
The board shall give notice to the employer and the bargaining representative of their right to appear and be heard. Such notice shall be given at least 24 hours prior to the time scheduled for such special hearing. Notice hereunder may be given by whatever means the board, in its discretion, determines practical and sufficient under the circumstances.
C. 
Special hearings under this section shall be open to the public unless otherwise ordered by the board pursuant to the laws of the municipality or the State of Alaska, and shall be noticed on the municipal clerk's public notice board, except in cases where the board determines, in its discretion, that exigencies require unusual haste.
D. 
It shall be the duty of the board to inquire fully into all matters and issues necessary to obtain a full and complete record upon which the board may discharge its duties under the Code.
E. 
The board may, in its discretion, continue the special hearing from day to day, or adjourn it to a later date or to a different place, by announcement thereof at the special hearing or by other appropriate means. In no event shall any such adjournment be for a period of more than 72 hours.
F. 
Any party shall have the right to appear at the special hearing in person, by counsel, or by other representative. Any party and the board shall have the power to call, examine, and cross-examine witnesses and to introduce into the record documentary and other evidence. Parties introducing documentary evidence shall submit four copies for the board and sufficient copies for all other parties. Such documentary evidence shall be numbered by the board and identified on the record. Witnesses shall be examined orally under oath. The board is not bound by the technical rules of evidence as determined by the courts of the State of Alaska or any other court in the United States, but shall conduct all hearings in a manner that comports with due process. Stipulations of fact may be introduced in evidence with respect to any issue.
G. 
Parties are encouraged to submit deposition testimony for any witness who will be unavailable at the time of the special hearing. For purposes herein, a witness is unavailable when the witness is absent from the special hearing and the proponent of his or her statement has been unable to procure his or her attendance by reasonable means. The board will determine, in its discretion, the relevance of any offered deposition testimony, and will rule on any objections to the use of any deposition testimony. A failure to object to the introduction of deposition testimony at the time such testimony is offered will be deemed a waiver.
H. 
Any objection to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds of such objection, and included in the record. No such objection shall be deemed waived by further participation in the hearing.
I. 
The board may issue subpoenas as necessary to comply with its obligations under this section. Subpoenas may be issued at the request of any party.
J. 
Witnesses summoned before the board shall be paid the same fees and mileage as are paid witnesses in the courts of the State of Alaska. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear.
K. 
Misconduct at the special hearing shall be ground for summary exclusion from the hearing. Such misconduct of an aggrieved character, when engaged in by an attorney or other representative of a party, shall be ground for suspension or disbarment by the board from further practice before it after due notice and hearing. Any such hearing shall be conducted pursuant to procedures established for hearings under this section, to the extent applicable.
L. 
If the board determines that an illegal strike has occurred, the board may apply to the Superior Court for an order enjoining the strike.
(AR No. 97-180, § 1, 8-19-1997)
A. 
A member of the board may withdraw from any proceeding whenever the member deems himself or herself disqualified.
B. 
Any party or member of the board may request a member, at any time before the hearing, to withdraw on ground of personal bias or other disqualification. The requesting party or board member shall disclose all grounds on which the request for disqualification is based. The board member subject to the request for disqualification shall respond by disclosing all facts known to him or her regarding the grounds for the request for disqualification. The other members of the board shall then decide whether the member subject to the request for disqualification shall be disqualified or not. If two members agree to disqualification, the other member shall be disqualified and shall not participate further in the proceeding. Otherwise, the member subject to the request for disqualification may participate in the proceeding.
C. 
Any party or member who is dissatisfied with the board's decision regarding disqualification shall appeal the decision to municipal board of ethics pursuant to AMC chapter 1.15. In the event the municipal board of ethics lacks jurisdiction or authority to review the board's decision, the board's decision may be appealed to the Superior Court. In no event will any such request delay the proceedings from which the member was disqualified.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Unless otherwise specified in the rules governing specific actions before the board, all regular and special hearings shall be conducted informally and under such procedures as the board or the parties may agree, providing that:
1. 
Parties may appear in person or through counsel;
2. 
Parties may present witnesses and evidence on their own behalf;
3. 
Parties or their counsel may cross-examine opposing witnesses on matters relevant to the issues, impeach witnesses regardless of which party first called the witness to testify, and rebut evidence against himself or herself;
4. 
Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be considered provided there are guarantees of its trustworthiness and that it is more probative on the point for which it is offered than any other evidence that the proponent can produce by reasonable effort.
5. 
Hearings shall be open to the public unless otherwise agreed by the parties in a manner consistent with the requirements of the ordinances of the municipality and the laws of the State of Alaska.
6. 
All parties shall have the right to request that the board subpoena witnesses and documents.
7. 
All special hearings shall be electronically recorded.
(AR No. 97-180, § 1, 8-19-1997)
A. 
A decision of the board which follows any hearing authorized under the Code may be reconsidered or reheard only if:
1. 
There was substantial procedural error in the original proceedings; or
2. 
The board acted without jurisdiction in the original proceeding;
3. 
The original decision was based on fraud or misrepresentation;
4. 
The board overlooked, misapplied or failed to consider an ordinance, decision or principle directly controlling;
5. 
The board overlooked or misconceived some material fact or proposition of law; or
6. 
The board overlooked or misconceived a material question in the case.
B. 
Any person seeking reconsideration or rehearing must file a request with the board together with the materials supporting one or more of the grounds stated herein within 15 days of the decision for which reconsideration or rehearing is requested. A rehearing shall be conducted in the same manner as the original proceeding.
(AR No. 97-180, § 1, 8-19-1997)
A. 
All final orders of the board shall be appealable to the Superior Court. The board shall indicate whether its decision constitutes a final order and, if so, shall indicate in the decision that the parties have 30 days in which to appeal the decision.
(AR No. 97-180, § 1, 8-19-1997)
A. 
All time deadlines for taking any action under these rules, or for the occurrence of any event under these rules, may be extended if the board, in its discretion, determines that good cause for an extension exists, unless such extension is otherwise contrary to the provisions of the Code. Such extensions may be granted upon motion by any party, or upon motion by the board or any board member.
B. 
As used herein, the term "good cause" means more than mere inconvenience to the parties or their representatives. The parties and their representatives may be required to change their business and personal plans from time to time so that actions required by the Code occur within the specified times. If a party requests an extension of time beyond the time specified in the Code, the party generally must present facts sufficient to show it will suffer a denial of due process of law if the extension is not granted.
(AR No. 97-180, § 1, 8-19-1997)
A. 
These rules are designed to promote harmonious and cooperative relations between the municipality and its employees, and to protect the public by assuring orderly and effective operations of government. They may be relaxed or dispensed with by the board in any case where it shall be manifest to the board that strict adherence to them will work injustice or be contrary to the policies of chapter 3.70 of the Code.
(AR No. 97-180, § 1, 8-19-1997)
A. 
In the event any provision of these rules conflicts with any provision of the Code, the Code provision shall prevail. The board shall determine in the first instance whether any such conflict exists.
(AR No. 97-180, § 1, 8-19-1997)