(a) The employer shall attest that use of alien crewmembers to
perform the longshore activity specified on the Form ETA 9033-A is not
intended or designed to influence an election of a bargaining
representative for workers in the State of Alaska.
(b) Documentation. The employer need not develop nor maintain
documentation to substantiate the statement referenced in paragraph (a)
of this section. In the case of an investigation, however, the employer
has the burden of proof to show that the use of alien crewmembers to
perform the longshore activity specified on the Form ETA 9033-A was not
intended nor designed to influence an election of a bargaining
representative for workers in the State of Alaska.