Current through Register Vol. 63, No. 9, September 1, 2024
(1) Disputes regarding representation issues
will be resolved through one of three possible procedures, depending on the
nature of the dispute:
(a) Administrative
Review by Board. The Board may resolve certain disputes administratively
without the need for a hearing where the Board is acting in an administrative
capacity. For example, the Board may dismiss filings for failure to comply with
the Board's procedural rules, including but not limited to requirements
relating to the information that must be submitted in a petition, the adequacy
of any required showing of interest, and timeliness of petitions or other
filings.
(b) Standard Hearing
Process. The hearing process under OAR 115-010-0050 through OAR 115-010-0110 will apply to cases under this Division that do not require expedited
resolution.
(c) Expedited Hearing
Process. When a party has filed a petition to create a new bargaining unit or
to add unrepresented employees to an existing unit, and the Board must conduct
a hearing to resolve a dispute regarding whether the petitioned-for bargaining
unit is appropriate, the Board shall use the expedited hearing process set
forth below, in OAR 115-025-0065(2), unless all of the parties agree to use the
standard hearing process. In any other type of representation matter that
requires a hearing, any party may ask the Board to expedite all or part of the
hearing process by filing a motion (pursuant to the Board's rule regarding
motions, OAR 115-010-0045).
(2) In expedited representation matters, the
following rules apply:
(a) When scheduling the
hearing and related deadlines, and when deciding whether a party has shown that
there is good cause for a continuance, extension, or other delay, the Board
shall consider the statutory mandate to expedite representation matters, as set
forth in ORS 243.682(2)(b)(F).
(b) The Board order in an expedited
representation matter generally shall be issued within 120 days of the filing
of the petition.
(c) The Board or a
Board Agent may require the parties to produce or exchange information
(including documents and position statements) to identify or narrow the legal
and factual issues in dispute.
(d)
The parties may submit pre-hearing briefs.
(e) The Board or a Board Agent may conduct
the hearing. Regardless of who conducts the hearing, the Board generally shall
issue a final order without a recommended order.
(f) At the conclusion of the hearing, the
parties may submit oral closing argument or elect to submit post-hearing
briefs. If the parties elect to submit post-hearing briefs, they must submit
the briefs within seven (7) days of the last day of the hearing. A motion to
extend the deadline for submitting briefs will be granted only if all parties
involved agree, or if the movant establishes that there is good cause for the
requested extension based on unforeseeable circumstances.
(g) If the Board issues the final order
without a recommended order, the Board generally shall grant a party's request
for reconsideration and grant oral argument, consistent with OAR 115-010-0100.
However, in expedited representation matters, the Board generally shall
schedule oral argument on the request for reconsideration within fourteen (14)
days of the request filing date.
(3) Notice of Hearings, Conduct of Hearings,
and Post-Hearing Procedures. Unless the context requires otherwise, OAR
115-010-0050 through OAR 115-010-0110 apply to cases under this
Division.
(4) Evidence at Hearing.
As provided in OAR 115-010-0070(5)(a), representation hearings are
investigatory and there is no burden of proof on any party. Nevertheless, in
disputes concerning whether employees are "public employees," there must be
sufficient evidence establishing that a statutory exclusion applies
Statutory/Other Authority: ORS
240.086(3)
& 243.766(7)
Statutes/Other Implemented: ORS
243
