Oregon Administrative Rules
Chapter 115 - EMPLOYMENT RELATIONS BOARD
Division 25 - PUBLIC EMPLOYEE REPRESENTATION
Section 115-025-0072 - Voting Procedures
Universal Citation: OR Admin Rules 115-025-0072
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Voting:
(a) Voting will be by secret ballot with an
opportunity to vote for any labor organization on the ballot or for no
representation (if that choice is applicable).
(b) Elections will be conducted by mail
ballot, unless a mail ballot election would not fulfill the policy statements
in ORS
243.656.
(A) In a mail ballot election, the date of
the election will be the date ballots are to be returned.
(B) A ballot that is not delivered by the
voting deadline is void. Ballots may be delivered through the U.S. mail, other
commercial delivery service, or in person by anyone other than a supervisor or
manager employed by the public employer or a representative employed by the
labor organization.
(C) If any
individual believes they are eligible to vote but they do not receive a mail
ballot, they may contact the Board to request a provisional ballot. Such
provisional ballots may be challenged or resolved according to this Board's
rule, OAR 115-025-0051(3).
(c) For on-site elections, the date of the
election is the last day that the polls are open. For elections that include
both on-site voting and mail ballot voting, the date of the election will be
the latest of the foregoing dates.
(d) For all representation elections the
choice on the ballot receiving the majority of valid votes cast will be
declared the winner. In an initial election or runoff election where the ballot
has only two choices, and the balloting results in a tie vote, the Board Agent
will certify that no representative has been chosen.
(e) Elections will be completed within
forty-five (45) days from the date of a petition requesting an
election.
(f) 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. For an
on-site election, the disclaimer must be filed at least ten (10) days before
the date of the election. For a mail ballot election the disclaimer must be
filed at least ten (10) days before the date ballots are mailed. When a
disclaimer is allowed by the Board after a consent election agreement has been
signed, or after the Board has ordered an election, the Board will not accept
or consider a new representation petition filed by the disclaiming organization
for the same bargaining unit for a period of six months from acceptance of the
disclaimer.
(2) Observers. Parties to an election may be represented by observers of their own choosing. The number and the function of the observers will be determined by the Board Agent conducting the election. For on-site election polling place(s):
(a) Observers for the employer cannot be
supervisors employed by the employer.
(b) Observers for the labor organization(s)
must be eligible voters.
Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 243
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
