Alaska Statutes
Alaska Stat. § 23.40.250 (2026)
Definitions
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Sec. 23.40.250. Definitions.
In AS 23.40.070 — 23.40.260, unless the context otherwise requires,
(1) “collective bargaining” means the performance of the mutual obligation of the public employer or the employer's designated representatives and the representative of the employees to meet at reasonable times, including meetings in advance of the budget making process, and negotiate in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or negotiation of a question arising under an agreement and the execution of a written contract incorporating an agreement reached if requested by either party, but these obligations do not compel either party to agree to a proposal or require the making of a concession;
(2) “election” means a proceeding conducted by the labor relations agency in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in AS 23.40.070 — 23.40.260;
(3) “labor relations agency” means the Alaska labor relations agency established in AS 23.05.360;
(4) “monetary terms of an agreement” means the changes in the terms and conditions of employment resulting from an agreement that
(A) will require an appropriation for their implementation;
(B) will result in a change in state revenues or productive work hours for state employees; or
(C) address employee compensation, leave benefits, or health insurance benefits, whether or not an appropriation is required for implementation;
(5) “organization” means a labor or employee organization of any kind in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of employment;
(6) “public employee” means any employee of a public employer, whether or not in the classified service of the public employer, except elected or appointed officials or superintendents of schools;
(7) “public employer” means the state or a political subdivision of the state, including without limitation, a municipality, district, school district, regional educational attendance area, board of regents, public and quasi-public corporation, housing authority, or other authority established by law, and a person designated by the public employer to act in its interest in dealing with public employees;
(8) “regional educational attendance area” means an educational service area in the unorganized borough that may or may not include a military reservation, and that contains one or more public schools of grade levels K — 12 or any portion of those grade levels that are to be operated under the management and control of a single regional school board;
(9) “terms and conditions of employment” means the hours of employment, the compensation and fringe benefits, and the employer's personnel policies affecting the working conditions of the employees; but does not mean the general policies describing the function and purposes of a public employer.
In AS 23.40.070 — 23.40.260, unless the context otherwise requires,
(1) “collective bargaining” means the performance of the mutual obligation of the public employer or the employer's designated representatives and the representative of the employees to meet at reasonable times, including meetings in advance of the budget making process, and negotiate in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or negotiation of a question arising under an agreement and the execution of a written contract incorporating an agreement reached if requested by either party, but these obligations do not compel either party to agree to a proposal or require the making of a concession;
(2) “election” means a proceeding conducted by the labor relations agency in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in AS 23.40.070 — 23.40.260;
(3) “labor relations agency” means the Alaska labor relations agency established in AS 23.05.360;
(4) “monetary terms of an agreement” means the changes in the terms and conditions of employment resulting from an agreement that
(A) will require an appropriation for their implementation;
(B) will result in a change in state revenues or productive work hours for state employees; or
(C) address employee compensation, leave benefits, or health insurance benefits, whether or not an appropriation is required for implementation;
(5) “organization” means a labor or employee organization of any kind in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of employment;
(6) “public employee” means any employee of a public employer, whether or not in the classified service of the public employer, except elected or appointed officials or superintendents of schools;
(7) “public employer” means the state or a political subdivision of the state, including without limitation, a municipality, district, school district, regional educational attendance area, board of regents, public and quasi-public corporation, housing authority, or other authority established by law, and a person designated by the public employer to act in its interest in dealing with public employees;
(8) “regional educational attendance area” means an educational service area in the unorganized borough that may or may not include a military reservation, and that contains one or more public schools of grade levels K — 12 or any portion of those grade levels that are to be operated under the management and control of a single regional school board;
(9) “terms and conditions of employment” means the hours of employment, the compensation and fringe benefits, and the employer's personnel policies affecting the working conditions of the employees; but does not mean the general policies describing the function and purposes of a public employer.
Notes of Decisions
Cited in 18
cases, 1978–2018 · leading case: Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245 (Alaska 1992).
Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245 (Alaska 1992). “At the time APEA filed its unfair labor practice complaint, AS 23.40.250(3) *1248 provided that the labor relations agency responsible for administering PERA with regard to the state and state employees was the state personnel board.”
Hafling v. Inlandboatmen's Union of the Pac., 585 P.2d 870 (Alaska 1978). “Since AS 23.40.250(3) 19 defines “labor relations agen- *876 ey” (which supervises and enforces PERA) as the state personnel board for state employees, and the Department of Labor with regard to all other public employees, the state personnel board would be the applicable…”
Pub. Saf. Employees Ass'n v. City of Fairbanks, 420 P.3d 1243 (Alaska 2018). “28 We therefore interpret the meaning of AS 23.40.250(7) using our independent judgment, adopting "the rule of law that is most persuasive in light of precedent, reason, and policy.”
Nw. Arctic Reg'l Educ. Attendance Area v. Alaska Pub. Serv. Employees, Local 71, 591 P.2d 1292 (Alaska 1979). “AS 23.40.250 states, in part, that as used in the Public Employment Relations Act, “unless the context otherwise requires .”
Anchorage Educ. Ass'n v. Anchorage Sch. Dist., 648 P.2d 993 (Alaska 1982). “[2] AS 23.40.250 reads in part: "Definitions.”
Pub. Saf. Employees Ass'n, Local 92 v. State, 895 P.2d 980 (Alaska 1995). “AS 23.40.250(4). In examining the options set forth by the memorandum, the Commissioner of Administration stated: The Division of Labor fears the contagion effect for other contracts if this issue is not submitted expressly to the legislature for review and funding.”
State v. Pub. Saf. Employees Ass'n, 93 P.3d 409 (Alaska 2004). “” AS 23.40.250(9). See also AS 23.40.070(2) (requiring public employers to bargain on "matters of wages, hours, and other terms and conditions of employment”).”
City & Borough of Sitka v. Int'l Bhd. of Elec. Workers, Local Union 1547, 653 P.2d 332 (Alaska 1982). “[12] See AS 23.40.250(1). [13] A "meet and confer," or "meet and discuss," obligation imposes only the duty to meet at reasonable times and to discuss recommendations or proposals submitted by the employee organization.”
State v. Pub. Saf. Employees Ass'n, 798 P.2d 1281 (Alaska 1990). “” See AS 23.40.250(1). “ ‘[Tjerms and conditions of employment’ means the hours of employment, the compensation and fringe benefits, and the employer’s personnel policies affecting the working conditions of the employees; but does not mean the general policies describing the…”
Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Borough Sch. Dist. Classified Ass'n, 590 P.2d 437 (Alaska 1979). “I It is conceded for purposes of this litigation that the right of the non-certificated school employees to compel their employer to bargain collectively arises solely out of the labor relations policy enacted by the District. These employees are not among those within the ambit…”
Amalgamated Transit Union Int'l, Afl-Cio v. Raymond J. Donovan, Sec'y of Labor, 767 F.2d 939 (D.C. Cir. 1985). “Alaska, Alaska Stat. § 23.40.250 (1984) (wages, hours and other terms and conditions of employment for all public employees except school teachers); California, Cal.”
Mun. of Anchorage v. Anchorage Police Dep't Employees Ass'n, 839 P.2d 1080 (Alaska 1992). “The Public Employment Relations Act recognizes this constitutional requirement in AS 23.40.250(9). Id at 1064. We now believe that this statement was unnecessary to the decision in Local 71, constitutes overbroad dictum, and is hereby disapproved.”
— Alaska Stat. § 23.40.250(1) — 3 cases
State v. Pub. Saf. Employees Ass'n, 798 P.2d 1281 (Alaska 1990). “” See AS 23.40.250(1). “ ‘[Tjerms and conditions of employment’ means the hours of employment, the compensation and fringe benefits, and the employer’s personnel policies affecting the working conditions of the employees; but does not mean the general policies describing the…”
City & Borough of Sitka v. Int'l Bhd. of Elec. Workers, Local Union 1547, 653 P.2d 332 (Alaska 1982). “[12] See AS 23.40.250(1). [13] A "meet and confer," or "meet and discuss," obligation imposes only the duty to meet at reasonable times and to discuss recommendations or proposals submitted by the employee organization.”
Alaska Pub. Employees Ass'n v. State, Dep't of Admin., Div. of Labor Relations, 776 P.2d 1030 (Alaska 1989).
— Alaska Stat. § 23.40.250(3) — 3 cases
Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245 (Alaska 1992). “At the time APEA filed its unfair labor practice complaint, AS 23.40.250(3) *1248 provided that the labor relations agency responsible for administering PERA with regard to the state and state employees was the state personnel board.”
Hafling v. Inlandboatmen's Union of the Pac., 585 P.2d 870 (Alaska 1978). “Since AS 23.40.250(3) 19 defines “labor relations agen- *876 ey” (which supervises and enforces PERA) as the state personnel board for state employees, and the Department of Labor with regard to all other public employees, the state personnel board would be the applicable…”
Nw. Arctic Reg'l Educ. Attendance Area v. Alaska Pub. Serv. Employees, Local 71, 591 P.2d 1292 (Alaska 1979). “AS 23.40.250 states, in part, that as used in the Public Employment Relations Act, “unless the context otherwise requires .”
— Alaska Stat. § 23.40.250(4) — 3 cases
Pub. Saf. Employees Ass'n, Local 92 v. State, 895 P.2d 980 (Alaska 1995). “AS 23.40.250(4). In examining the options set forth by the memorandum, the Commissioner of Administration stated: The Division of Labor fears the contagion effect for other contracts if this issue is not submitted expressly to the legislature for review and funding.”
City & Borough of Sitka v. Int'l Bhd. of Elec. Workers, Local Union 1547, 653 P.2d 332 (Alaska 1982). “[12] See AS 23.40.250(1). [13] A "meet and confer," or "meet and discuss," obligation imposes only the duty to meet at reasonable times and to discuss recommendations or proposals submitted by the employee organization.”
Pub. Saf. Employees Ass'n, Local 92 v. State, 902 P.2d 1334 (Alaska 1995).
— Alaska Stat. § 23.40.250(5) — 4 cases
Hafling v. Inlandboatmen's Union of the Pac., 585 P.2d 870 (Alaska 1978). “Since AS 23.40.250(3) 19 defines “labor relations agen- *876 ey” (which supervises and enforces PERA) as the state personnel board for state employees, and the Department of Labor with regard to all other public employees, the state personnel board would be the applicable…”
Anchorage Educ. Ass'n v. Anchorage Sch. Dist., 648 P.2d 993 (Alaska 1982). “[2] AS 23.40.250 reads in part: "Definitions.”
Nw. Arctic Reg'l Educ. Attendance Area v. Alaska Pub. Serv. Employees, Local 71, 591 P.2d 1292 (Alaska 1979). “AS 23.40.250 states, in part, that as used in the Public Employment Relations Act, “unless the context otherwise requires .”
Kenai Peninsula Borough Sch. Dist. v. Kenai Peninsula Borough Sch. Dist. Classified Ass'n, 590 P.2d 437 (Alaska 1979). “I It is conceded for purposes of this litigation that the right of the non-certificated school employees to compel their employer to bargain collectively arises solely out of the labor relations policy enacted by the District. These employees are not among those within the ambit…”
— Alaska Stat. § 23.40.250(6) — 2 cases
Hafling v. Inlandboatmen's Union of the Pac., 585 P.2d 870 (Alaska 1978). “Since AS 23.40.250(3) 19 defines “labor relations agen- *876 ey” (which supervises and enforces PERA) as the state personnel board for state employees, and the Department of Labor with regard to all other public employees, the state personnel board would be the applicable…”
Carter v. Alaska Pub. Employees Ass'n, 663 P.2d 916 (Alaska 1983).
— Alaska Stat. § 23.40.250(7) — 3 cases
Pub. Saf. Employees Ass'n v. City of Fairbanks, 420 P.3d 1243 (Alaska 2018). “28 We therefore interpret the meaning of AS 23.40.250(7) using our independent judgment, adopting "the rule of law that is most persuasive in light of precedent, reason, and policy.”
Fairbanks Police Dep't Chapter, Alaska Pub. Employees Ass'n v. City of Fairbanks, 920 P.2d 273 (Alaska 1996).
Pub. Saf. Employees Ass'n v. City of Fairbanks (Alaska 2018).
— Alaska Stat. § 23.40.250(8) — 1 case
Alaska Pub. Employees Ass'n v. State, 831 P.2d 1245 (Alaska 1992). “At the time APEA filed its unfair labor practice complaint, AS 23.40.250(3) *1248 provided that the labor relations agency responsible for administering PERA with regard to the state and state employees was the state personnel board.”
— Alaska Stat. § 23.40.250(9) — 2 cases
State v. Pub. Saf. Employees Ass'n, 93 P.3d 409 (Alaska 2004). “” AS 23.40.250(9). See also AS 23.40.070(2) (requiring public employers to bargain on "matters of wages, hours, and other terms and conditions of employment”).”
Mun. of Anchorage v. Anchorage Police Dep't Employees Ass'n, 839 P.2d 1080 (Alaska 1992). “The Public Employment Relations Act recognizes this constitutional requirement in AS 23.40.250(9). Id at 1064. We now believe that this statement was unnecessary to the decision in Local 71, constitutes overbroad dictum, and is hereby disapproved.”
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