If the number of challenged ballots is sufficient to determine the outcome of the election, within seven (7) days after the tally of the ballots, each party must file a position statement with the Division concerning the eligibility of each challenged voter. 456 CMR 14.12 (2). The Division will review the consent agreement or direction of election, the notice of election, and the parties' position statements to decide whether to reject the challenged ballots or schedule a hearing. If any challenge presents no factual dispute, is frivolous, or has already been determined by the Division, the challenge will be denied without a hearing, and the ballot counted if required to determine majority. If the challenge is clearly valid, as determined by the election documents or prior decision, the challenge will be allowed without a hearing and the ballot will be destroyed unopened.

5.2.1 Standard for Eligibility

An employee who has a reasonable expectation of continued employment on the eligibility cutoff date set forth in the consent election agree­ment or direction of election is eligible to vote. This includes employees who were ill, on vacation, or temporarily laid off. Employees who have quit or been discharged for cause prior to the election date are not eligible to vote.