Oregon Administrative Rules
Chapter 115 - EMPLOYMENT RELATIONS BOARD
Division 25 - PUBLIC EMPLOYEE REPRESENTATION
Section 115-025-0031 - Petition for Certification of a New Bargaining Unit by Election
Universal Citation: OR Admin Rules 115-025-0031
Current through Register Vol. 63, No. 9, September 1, 2024
(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
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