Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0055 - Election Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligibility to Vote. Private employees eligible to vote in an election will be
			 those employed on the date of the election and who were employed on a payroll
			 date agreed upon by the parties or on a date specified by the Board. The Board
			 may, at its discretion, include as eligible voters seasonal employees,
			 employees on layoff, or other employees who have reasonable expectations of
			 continued employment.
(2) List of
			 Eligible Voters. The private employer shall submit an alphabetical list of
			 eligible voters, their names, addresses and job classifications to each labor
			 organization which will appear on the ballot and to the Board at least ten days
			 before the date of the on-site election or ten days before the date set for the
			 Board to mail out ballots in a mail ballot election unless otherwise expressly
			 agreed by the parties.
(3)
			 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. Such disclaimer must be filed not less than ten days
			 before the date of the election. When a disclaimer is filed and accepted after
			 a consent agreement for an election is signed or after an election is ordered,
			 the Board will not entertain a petition filed by the disclaiming organization
			 for the bargaining unit for a period of six months from acceptance of the
			 disclaimer.
(4) Voting. Voting
			 shall be by secret ballot with an opportunity to vote for any one of the
			 candidates on the ballot or for no representation. The election shall be
			 conducted on site or it may be conducted by mail. For purposes of scheduling an
			 election by mail, the date on which ballots are to be returned shall be the
			 date of the election. The choice on the ballot receiving the majority of valid
			 votes cast shall be adjudged the winner. If there are only two choices on the
			 ballot in an initial election or runoff election and the balloting results in a
			 tie vote, the Board Agent shall certify that no representative has been chosen.
			 These provisions apply to all representation elections.
(5) Runoff Election. In any representation
			 election where there are more than two choices on the ballot and none of the
			 choices receive a majority of the valid votes cast, a runoff election shall be
			 conducted. The ballot in a runoff election shall contain the two choices on the
			 original ballot that received the largest number of votes. Employees eligible
			 to vote in the original election and who are still employees on the date of the
			 runoff election shall be eligible to vote.
(6) Observers. Any party may be represented
			 at the polling place(s) by observers of its own selection except that employer
			 observers cannot be supervisors of employees involved in the election. Labor
			 organization observers must be eligible voters. The number and the function of
			 the observers shall be determined by the Board Agent conducting the
			 election.
(7) Challenged Ballots.
			 Any party or the Board Agent may challenge, for good cause, the eligibility of
			 any person to participate in the election. The ballots of such challenged
			 persons shall be impounded.
(8)
			 Tally of Ballots. Upon the conclusion of the ballot count, the Board Agent
			 shall furnish the parties a tally of ballots in person or by mail. The tally
			 shall be deemed furnished on the day of the ballot count.
(9) Objections to Conduct of Election or
			 Conduct Affecting the Results of the Election. Within ten days after the tally
			 of ballots has been furnished, any party of record may file with the Board an
			 original and one copy of objections to the conduct of the election or conduct
			 affecting the results of the election, which shall contain a clear and concise
			 statement of the reasons therefor. Such filings must be timely whether or not
			 the challenged ballots are sufficient in number to affect the results of the
			 election. Failure to comply with this subsection shall be grounds for dismissal
			 of the objections. Copies of such objections shall be served simultaneously on
			 the other parties by the party filing them, and a statement of service shall be
			 provided to the Board.
(10)
			 Certification of Representative or Results of Election. If no objections are
			 filed within ten days; and, if the challenged ballots are insufficient in
			 number to affect the results of the election, the Board Agent shall forthwith
			 issue to the parties a certification of the results of the election, including
			 certification of representative, where appropriate.
(11) Resolution of Objections and Challenged
			 Ballots. When timely objections are filed or where the challenged ballots are
			 sufficient in number to affect the results of the election, the Board Agent
			 shall conduct an investigation and shall, when appropriate, issue a notice of
			 hearing designating a Board Agent to hear the matters alleged and to issue a
			 report and recommendations. The objecting or challenging party shall bear the
			 burden of proof and of going forward in the hearing. If the Board Agent
			 exercised a challenge because the voter's name was not on the list of eligible
			 voters, the party seeking to have the vote counted shall have the burden of
			 proof and the burden of going forward. The findings and recommendations shall
			 be brought before the Board in the manner provided in these rules for all other
			 Board Agent findings and recommendations.
Stat. Auth.: ORS 240 & ORS 243
Stats. Implemented: ORS
				  663.030