27 NMB No. 42
TO: All Participants in Board Representation Proceedings
FROM: Stephen E. Crable, Chief of Staff
SUBJECT: Revision to Representation Manual
DATE: February 23, 2000
Effective March 1, 2000, the Board revises the Representation Manual by adding a new Section 13.2, and amending Section 14.0. These revisions address the timing and effect of Board investigations of election interference allegations, and will apply to representation cases with counts which occur on or after March 1, 2000.
New Section 13.2 is reproduced in its entirety below:
13.2 CERTIFICATIONS AND DISMISSALS
Ordinarily, the Board will issue a Certification or Dismissal based upon the "Report of Election Results" the next business day following the count.
Revised Section 14.0 is reproduced in its entirety below:
14.0 ALLEGATIONS OF ELECTION INTERFERENCE
The Board will investigate allegations of election interference only after the ballot count, except in extraordinary circumstances. The Board will consider only written allegations of election interference received no later than 4:00 p.m., eastern time, seven (7) business days after the date of the count. Any participant's response to such allegations shall be considered if received at the Board by 4:00 p.m., eastern time, seven (7) business days after the Board's receipt of the interference allegations. All submissions must comply with the simultaneous service requirements in Section 1.302.
Allegations of election interference must state a prima facie case that the laboratory conditions were tainted and must be supported by substantial evidence in the form of affidavits and documents which is direct, credible and corroborative. Allegations of election interference not sufficiently supported by substantive evidence will not provide a basis for further investigation and will be dismissed.