justicedao/ipfs_state_laws huggingface dataset:
115-025-0030 Petition for Certification of a New Bargaining Unit by Card Check (Without an Election) (1) A petition for certification of a representative without a formal election, commonly referred to as the card check process, may be filed when a majority of unrepresented employees in a proposed bargaining unit wish to be represented by a labor organization. The petition may be filed by public employees or a labor organization. The petition requires a showing of interest from more than fifty percent (50%) of employees in the proposed unit. The showing of interest document must comply with OAR 115-025-0021(4) (showing of interest requirements for card check), including by indicating that the signer understands that the document may be used to obtain certification without an election. (2) If the Board determines that a majority of employees in an appropriate unit have signed valid authorization documents designating the labor organization named in the petition as the exclusive representative, and that no other labor organization is currently certified or recognized as the exclusive representative for any employee in the proposed bargaining unit, then the Board will certify the labor organization named in the petition as the exclusive representative without an election, unless a timely petition for election is filed under OAR 115-025-0061. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 3-2014, f. 8-25-14, cert. ef. 9-10-14 ERB 1-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14 ERB 1-2008, f. 3-12-08, cert. ef. 3-17-08 ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08 ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08 ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91 ERB 1-1988, f. & cert. ef. 4-25-88 ERB 6-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-025-0031 Petition for Certification of a New Bargaining Unit by Election (1) Petition by Employees or Labor Organization for Certification by Election. Public employees or a labor organization may file a petition for certification of a new bargaining unit by an election process. The petition requires a showing of interest from at least thirty percent (30%) of employees in the proposed unit. The showing of interest document must comply with OAR 115-025-0021 (showing of interest requirements). (2) Petition by Public Employer for Certification by Election. (a) A public employer may file a petition for an election to certify a public employee representative if the employer is presented with a request from one or more labor organizations to be recognized (or continue to be recognized) as the employee representative, and the employer has a good faith doubt (based on reasonable objective standards) as to the continued majority status of the incumbent labor organization. (b) The petition must include a brief statement of the reasons for the employer’s doubt, including a summary of the facts that the employer believes support the petition. A simple assertion of the employer’s doubt is insufficient. (c) No showing of interest is required. (d) The petition may be filed whenever the competing claims are made. Petitions by the employer are subject to the same bars that apply to the competing claims. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021
115-025-0035 Petition for an Election to Change Exclusive Representative (1) A labor organization may file a petition for an election to replace the current exclusive representative of an existing bargaining unit. (2) The petition requires a showing of interest from at least thirty percent (30%) of employees in the existing bargaining unit. The showing of interest document must comply with OAR 115-025-0021 (showing of interest requirements), including by indicating that the signer desires to be represented by the petitioning labor organization instead of the current exclusive representative. (3) This type of petition is subject to the “election,” “contract” and/or “certification” bars under Board rules. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08 ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08 ERB 6-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-025-0045 Petition to Decertify Exclusive Representative (1) Public employees may file a petition for an election for decertification of an existing bargaining unit. (2) The petition requires a showing of interest from at least thirty percent (30%) of the employees in the bargaining unit. The showing of interest document must comply with OAR 115-025-0021 (showing of interest requirements), including by indicating that the signer no longer desires to be represented for purposes of collective bargaining by the recognized or certified representative. (3) The election, contract, and certification bars apply. (4) The petition may be filed in any open period. (5) If employees vote to decertify their exclusive representative, under the Board’s election bar rules, no new petition for representation may be filed for that group of employees for one year. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-1998, f. & cert. ef. 1-26-98 ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91 ERB 6-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-025-0060 Notice of Petition (1) When a petition is received by the Board under OAR 115-025-0010, a Board Agent will provide a notice of the petition to the public employer for posting in the work areas granting maximum access to employees in the existing or proposed unit. The public employer shall distribute the notice electronically when reasonably appropriate. Copies of the notice will be sent to the public employer and any known exclusive representative. The notice will include: (a) The name of the petitioning organization or employer; (b) A description of the unit involved; and (c) A statement that parties and interested persons will have fourteen (14) days from the date of the notice to file: (A) Objections to the appropriateness of the proposed unit; (B) Objections to the positions to be included or excluded; (C) Objections to the petitioner's designation of the issue(s) in cases filed under OAR 115-025-0010; (D) Objections that a labor organization is currently certified or recognized as the exclusive representative of one or more employees in the proposed unit; and (E) Requests to intervene as provided in OAR 115-025-0062. (2) When the notice is for a petition for certification or unit clarification by card check, a copy of the notice also will be sent to the recognized or certified representative of any existing bargaining unit, if that representative did not jointly file the petition with the group of unrepresented employees. In addition to the information provided in subsection (1), the notice will include: (a) A statement that certification for representation or unit clarification without an election has been requested; (b) The name of the labor organization that seeks certification, and the name of any recognized or certified representative of the existing bargaining unit; (c) A description of the proposed bargaining unit, or, in the case of a unit clarification petition, a description of the existing bargaining unit and the unrepresented group of employees to be added to that existing unit; and (d) A statement that a request for an election pursuant to ORS 243.682(3) must be filed within fourteen (14) days from the date of the notice. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2010, f. 9-23-10, cert. ef. 10-1-10 ERB 1-2010(Temp), f. & cert. ef. 4-13-10 thru 10-10-10 ERB 4-1998, f. & cert. ef. 1-26-98 ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91 ERB 6-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-025-0061 Request for Election Instead of Card Check (1) After a card check petition (to certify a new bargaining unit or to add employees to an existing bargaining unit) has been filed, an employee or group of employees in the petitioned-for group may file a request for the Board to conduct an election instead of a card check. (2) The request for an election instead of card check requires a showing of interest of at least thirty percent (30%) of the employees in the proposed new bargaining unit, or at least thirty percent (30%) of the unrepresented employees in the proposed group to be added to an existing bargaining unit. The showing of interest must comply with the requirements of OAR 115-025-0021. Specifically, the showing of interest must contain the employee’s name, typed or printed legibly; the employee’s signature; the date of the employee’s signature; and a statement indicating that the employee requests an election on whether the Board should certify the named labor organization as the exclusive bargaining representative for the employees of the employer, or in the case of a unit clarification petition, that the employee requests an election on whether the group of unrepresented employees should be added to the existing bargaining unit. (3) When determining the sufficiency of the showing of interest for an election request, the Board will use the same list of eligible employees that it used to check the showing of interest for the underlying petition. (4) The request for an election must be filed within fourteen (14) days from the date of the notice posted under OAR 115-025-0060. (5) If the Board determines that the requirements for a request for an election instead of card check have been met, the Board will conduct an election, according to the rules set forth in OAR 115-025-0066 through 115-025-0076. (a) The election shall be completed within forty-five (45) days from the date that a valid request for an election was filed. (b) All employees in the bargaining unit designated in the petition for certification without an election or all employees designated to be added to the existing bargaining unit in the petition for unit clarification without an election shall be eligible to vote. The two choices on the ballot shall be no representation, or the labor organization named in the petition for certification or unit clarification without an election. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021
115-025-0062 Request to Intervene in an Election (1) Request to Intervene after the Filing of an Election Petition by Another Party. A labor organization may file a request to intervene in an election petition filed by another party (including a petition for certification by election, a petition for unit clarification by election, and a petition to change or decertify a representative) if a sufficient number of employees in the affected bargaining unit wish to be represented by the intervening labor organization. The intervening labor organization seeks to be a choice on the election ballot. (2) Showing of Interest. The intervention request must be supported by a showing of interest of at least ten percent (10%) of employees in the petitioned-for unit. The showing of interest document must comply with OAR 115-025-0021 (showing of interest requirements), including by indicating that the signer wishes to be represented by the labor organization named in the intervention request. (3) The intervention request must be filed within fourteen (14) days of the notice of the initial petition. (4) A request to intervene may propose a bargaining unit different from that sought by the petitioner, but that still includes some of the employees in the bargaining unit proposed by the petitioner in the initial petition. In such cases: (a) The intervention request must be supported by a showing of interest of at least thirty percent (30%) of employees in the different proposed unit. The employees must clearly state in their showing of interest that they wish to be represented by the labor organization named in the intervention request. (b) The intervention request must be filed within fourteen (14) days of the notice of the initial petition. (c) If the intervenor’s proposed unit or a major part of it is currently represented, the certified or recognized labor organization that is the exclusive representative will be included as a party in interest in any hearing on the petition and will be included on the ballot in any resulting election, unless it files a disclaimer pursuant to OAR 115-025-0072(1)(f). Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021
115-025-0063 Objections to a Petition (1) Objecting to a Petition. An affected employee or a party, including an intervenor, may file an objection regarding a petition to certify an exclusive representative, a petition to change or decertify an exclusive representative, or a unit clarification petition (except for a petition to amend or modify an existing certification or recognition filed under OAR 115-025-0050(11), or a petition to revoke certification or recognition filed under OAR 115-025-0050(12)). (2) Filing of Objections. When a party objects to a petition submitted under these rules, it will serve a copy of the objections at the same time on the petitioner and all known interested parties, and provide the Board with proof of service. (3) Objections must contain a clear and concise statement of the legal and factual reasons for the objections. For example, if a party files objections asserting that a proposed bargaining unit is not appropriate, the party must explain why the unit is not appropriate and provide a summary of the factual basis for those assertions. A simple assertion that the unit is not appropriate is insufficient. (4) The Board may dismiss without hearing any objections that do not meet these requirements. Further, the Board may dismiss objections without a hearing when, even assuming that the facts alleged by the objecting party are true, the asserted basis for the objections would not be sufficient to sustain the objection. Before the Board dismisses objections without a hearing, it shall provide the objecting party two (2) days to submit additional information in support of its objections. (5) Objections that are not dismissed will be subject to the expedited hearings process under OAR 115-025-0065(2). (6) Objections to a petition must be filed within fourteen (14) days of the date of the notice posted pursuant to OAR 115-025-0060. (7) If a hearing is necessary to resolve objections to a petition, the hearing process may be expedited as provided for in OAR 115-025-0065(2). The Board may conduct an election before resolving objections to the petition. If the Board does so, the Board may delay counting the ballots until all objections are resolved. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021
115-025-0066 Election Procedures (1) Setting the Election Process. If the Board determines that a valid petition for an election has been filed, the Board will conduct an election by secret ballot. The Board will confer with the parties to set the terms of the election process, such as the date of the election. If the parties do not enter into a consent election agreement regarding the election process, the Board shall conduct a hearing to resolve any disputes about the election process. The Board will schedule a hearing to resolve such disputes as soon as practicable, and provide notice of hearing as required by OAR 115-010-0040. If objections to the petition were filed, the Board may consolidate all of the issues for hearing, and the hearing rules set forth above, in OAR 115-025-0065, apply. (2) Consent Election Agreements. The parties may waive a hearing and enter into a consent election agreement after fourteen (14) days from the date that the notice of petition was posted by the employer. The agreement will include a description of the unit; the dates, times and places of the election; and the payroll period or formula to be used in determining the employees eligible to vote. The bargaining unit set out in the consent election agreement will be deemed an appropriate bargaining unit when the consent election agreement is approved by the Board. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021
115-025-0070 Notice of Election; Improper Use of Notice (1) In cases requiring an election, the Board will provide a notice of election to the public employer for posting in the work areas granting maximum access to employees in the existing or proposed unit. The Board will require the public employer to post the notice of election for at least fourteen (14) days before the election. Notice shall be posted electronically when reasonably appropriate. The Board will also provide copies of the notice to all parties. (2) The notices will describe the details and procedures for the election, the unit, the employee eligibility period, and date(s), hour(s) and place(s) of the election. Notices also will contain a sample ballot. (3) The reproduction of any document purporting to be a copy of the Board’s official ballot, which directly or indirectly suggests to employees that the Board endorses a particular choice, may constitute grounds for setting aside an election. A reproduction that is completely unaltered in form and content and clearly marked "sample" on its face is permitted. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 3-2014, f. 8-25-14, cert. ef. 9-10-14 ERB 1-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14 ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08 ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08
115-025-0071 Voter Eligibility (1) Voter Eligibility. Public employees eligible to vote in an election will be those: (a) employed on the date of the election; and (b) who were employed on a payroll date agreed to by the parties or on a date specified by the Board. (c) The Board may include as eligible voters other employees who have reasonable expectations of continued employment, including, but not limited to, seasonal employees, on-call employees, or employees on layoff. (2) List of Eligible Voters. The public employer will submit an alphabetical list of eligible voters, their names, addresses, job classifications, and, if known, personal email addresses and phone numbers to the Board. Unless otherwise expressly agreed to by the parties, the submission will be provided at least twenty (20) days before the date of the on-site election or twenty (20) days before the date set for the Board to mail out ballots in a mail ballot election. The Board will provide each labor organization and other appropriate parties with a copy of the list. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021
115-025-0072 Voting Procedures (1) Voting: (a) Voting will be by secret ballot with an opportunity to vote for any labor organization on the ballot or for no representation (if that choice is applicable). (b) Elections will be conducted by mail ballot, unless a mail ballot election would not fulfill the policy statements in ORS 243.656. (A) In a mail ballot election, the date of the election will be the date ballots are to be returned. (B) A ballot that is not delivered by the voting deadline is void. Ballots may be delivered through the U.S. mail, other commercial delivery service, or in person by anyone other than a supervisor or manager employed by the public employer or a representative employed by the labor organization. (C) If any individual believes they are eligible to vote but they do not receive a mail ballot, they may contact the Board to request a provisional ballot. Such provisional ballots may be challenged or resolved according to this Board’s rule, OAR 115-025-0051(3). (c) For on-site elections, the date of the election is the last day that the polls are open. For elections that include both on-site voting and mail ballot voting, the date of the election will be the latest of the foregoing dates. (d) For all representation elections the choice on the ballot receiving the majority of valid votes cast will be declared the winner. In an initial election or runoff election where the ballot has only two choices, and the balloting results in a tie vote, the Board Agent will certify that no representative has been chosen. (e) Elections will be completed within forty-five (45) days from the date of a petition requesting an election. (f) Disclaimer. A labor organization may request in writing to have its name removed from the ballot, disclaiming any representation interest for the employees in the unit. For an on-site election, the disclaimer must be filed at least ten (10) days before the date of the election. For a mail ballot election the disclaimer must be filed at least ten (10) days before the date ballots are mailed. When a disclaimer is allowed by the Board after a consent election agreement has been signed, or after the Board has ordered an election, the Board will not accept or consider a new representation petition filed by the disclaiming organization for the same bargaining unit for a period of six months from acceptance of the disclaimer. (2) Observers. Parties to an election may be represented by observers of their own choosing. The number and the function of the observers will be determined by the Board Agent conducting the election. For on-site election polling place(s): (a) Observers for the employer cannot be supervisors employed by the employer. (b) Observers for the labor organization(s) must be eligible voters. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021