Current through Register Vol. 63, No. 9, September 1, 2024
(1) Many petitions
must be supported by a valid showing of interest.
(2) A petitioner can fulfill the showing of
interest requirement by submitting authorization documents (typically cards)
signed by eligible employees. An authorization document must, at a minimum,
contain the following:
(a) The employee's
name, typed or legibly printed;
(b)
The employee's signature;
(c) The
date of the employee's signature;
(d) A statement that the employee designates
the named labor organization as the employee's exclusive representative for
purposes of collective bargaining with the employee's employer (if applicable);
and
(e) A statement that the
employee understands how the authorization document may be used. The statement
must be consistent with the type of petition being filed. Model language for
card check petitions is provided below, in section (4) of this rule.
(3) An authorization document must
be signed and dated within the 180-day period before the petition is
filed.
(4)
(a) The Board has developed the following
model language that may be used for the showing of interest for a card check
petition (to certify a new bargaining unit or to add unrepresented employees to
an existing unit):
I designate [name of labor organization] as the exclusive
bargaining representative for the purposes of collective bargaining with [name
of employer]. I understand that my signature may be used to obtain
certification of the above-named labor organization as the exclusive bargaining
representative, without an election.
[Employee Name] [Employee Signature] [Date Signed]
(b) The authorization document may
use different language than subsection (4)(a) of this rule, but the document
must include the same information for the authorization to be valid.
(5)
(a) When authorization cards are used for the
showing of interest, the petitioner should arrange the cards alphabetically by
last name. Authorizations that do not substantially comply with this rule will
not be counted.
(b) An electronic
record and an electronic signature, as those terms are defined in ORS
84.004, may be used to prepare
and sign authorizations.
(c)
Notwithstanding section (2) of this rule, and except as otherwise provided in
subsection (d) of this section, a petition submitted under this Division as an
electronic record that includes a signed authorization using an electronic
signature must:
(A) Include the following
information:
(i) The name of the
signer;
(ii) The signer's email
address or social media account;
(iii) The signer's telephone
number;
(iv) The exact language
that the signer is assenting to by providing the electronic
signature;
(v) The date of
submission of the electronic signature; and
(vi) The name of the public employer that
employs the signer; and
(B) Be accompanied by a verification
declaration by the petitioning party:
(i)
Specifying the technology used to obtain and verify the signatures;
(ii) Providing the methods used to ensure the
authenticity of the signature; and
(iii) Confirming that the information
transmitted to the signer was the same information to which the signer
assented.
(d)
If the technology used to provide the signed authorization does not support
digital signatures that are suited to satisfy the requirements of the
verification declaration described in subsection (c) of this section, the
petitioning party must submit evidence that, after the petitioning party
obtained an electronic signature, the party promptly transmitted a confirmation
transmission to the signer confirming that all of the information described
under subparagraphs (c)(A)(i) to (vi) of this section is true.
(6)
(a) The showing of interest submitted under
these rules will not be furnished to any of the parties except the party that
filed the showing of interest, which may examine cards or petitions when
signatures are deemed invalid.
(b)
The showing of interest will be destroyed when the file is closed unless the
party filing the showing of interest requests that its showing of interest be
returned. The Board will return the original showing of interest to a
petitioner upon request if the petition is withdrawn.
Statutory/Other Authority: ORS
240.086(3)
& 243.766(7)
Statutes/Other Implemented: ORS
240
