Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0005 - Petitions for Clarification or Amendment of Bargaining Unit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Petitions for
			 clarification or amendment of certification may be filed by the recognized or
			 certified representative or by the private employer when no question of
			 representation exists. The petition must be submitted in writing on a form
			 approved by the Board. The petitioner shall designate one or more of the
			 following subsections on the form to indicate the clarification issue(s) the
			 petitioner intends to raise. After the filing of objections, if any, the Board
			 Agent may determine the issue raised by the petition. If the Board Agent
			 determines that the issue raised is different than that designated on the form,
			 the Board Agent shall determine whether the petition complies with the
			 requirements of the appropriate subsection(s).
(2) When the issue raised by the
			 clarification petition is one of employee status under ORS
			 663.005(3), the
			 petition may be filed at any time; except that where a position sought to be
			 excluded is expressly by title included within the unit description, a petition
			 may be filed only during the open period provided for in OAR 115-060-0015(4).
			 The Board may order a self-determination election among the affected employees
			 as a result of a petition filed by a labor organization under this subsection
			 of this rule, if the Board determines that an election would be appropriate to
			 further the policies expressed in ORS Chapter 663.
(3) When the issue raised by the
			 clarification petition is whether certain positions are or are not included in
			 a bargaining unit under the express terms of a certification description or
			 collective bargaining agreement, a petition may be filed at any time; except
			 that the petitioning party shall be required to exhaust any grievance in
			 process that may resolve the issue before such a petition shall be deemed
			 timely by the Board.
(4) When the
			 issue raised by the clarification petition is whether certain unrepresented
			 positions should be added to an existing bargaining unit, the petition must be
			 supported by a 30 percent showing of interest among the unrepresented employees
			 sought to be added to the existing unit. If the employees sought to be added to
			 the unit occupy positions that existed and were filled at the time of the most
			 recent certification or recognition agreement, the petition must be filed
			 during the open period provided for in OAR 115-060-0015(4)  and will be subject
			 to the provisions of OAR 115-060-0015(1) and (3). If the employees sought to be
			 added to the unit occupy positions that were created or were filled after the
			 most recent certification or recognition agreement, the petition may be filed
			 at any time and will not be subject to the provisions of OAR 115-060-0015. If
			 the Board determines that it would be appropriate to add the unrepresented
			 positions to the existing bargaining unit, the Board shall order a
			 self-determination election in which the unrepresented employees will vote
			 either to be represented within the existing bargaining unit or for no
			 representation. The election shall be conducted by a Board Agent in accordance
			 with the provisions of OAR 115-060-0050  and 115-060-0055, to the extent such
			 rules are applicable to a self-determination election. If a majority of the
			 unrepresented employees who vote cast ballots in favor of representation, the
			 existing bargaining unit shall be clarified to include the positions of the
			 unrepresented employees.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.020