Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Application of Rule. This rule shall apply when there is a "merger," as defined
in ORS
330.003,
of school districts. As used in this rule, the term "labor organization"
includes, in addition to the definition under ORS
243.650(13),
an entity composed of two or more local affiliates of a state or national labor
organization.
(2) Petition for
Certification. A labor organization may file a petition for certification as
the exclusive representative of a group of employees of a surviving school
district. A petition shall be filed on a form provided by the Board and a copy
shall be sent by a Board Agent to parties disclosed in the petition.
(a) Time for Filing. A petition for
certification may be filed only between the date of final action by the State
Board of Education or by a boundary board to merge the districts and the date
that the merger takes effect.
(b)
Contents of Petition. The petition must include:
(A) A description of the proposed bargaining
unit for which certification is sought;
(B) A statement that the labor organization
currently represents a majority of the employees who will be included in the
proposed bargaining unit when the merger takes effect. This statement must be
supported by collective bargaining agreements or certifications of
representative and must include the number of employees in the proposed
bargaining unit and the number of employees represented by the labor
organization in each current unit;
(C) The name of the superintendent of schools
and the name, address and telephone number for each district affected by the
merger; and
(D) The dates set forth
in subsection (2)(a) of this rule.
(c) Posting of Notice. The Board shall send a
notice of the filing of a petition for certification to each affected school
district. Each district shall post copies of the notice in work areas granting
maximum access to affected employees. The notice shall include a description of
the proposed bargaining unit and shall state the rights of interested parties
under this Division. The notice shall remain posted for at least ten (10)
regular school days.
(d) Objections
by Surviving District. Within fourteen (14) days of the date the notice is
posted, the surviving school district may file objections to the petition for
certification on the ground that the proposed unit is not appropriate or that
the district has a good faith doubt that a majority of the employees in the
proposed bargaining unit will desire certification of the petitioners as their
exclusive representative.
(A) Objections to
Unit. If the proposed unit description on its face describes an appropriate
bargaining unit, objections to the appropriateness of the unit or to the
inclusion or exclusion of certain employees will not delay the certification of
representative unless the Board finds that the resolution of the objections may
affect the majority support for the petitioning labor organization. A hearing
will be held on any valid objections after certification of representative by
this Board.
(B) Good Faith Doubt.
An objection based on a district's good faith doubt concerning the petitioner's
majority support among employees in the proposed bargaining unit must include a
statement of the objective basis for the doubt. If the Board finds, based on
the objection and any supporting material, that the district's doubt is
reasonable, the petition for certification shall be dismissed.
(e) Certification. If no employer
objections are filed or are sufficient to delay certification, and no petition
for an election affecting employees in the proposed unit is pending, the Board
shall issue a certification of representative as soon as is practicable, unless
the Board finds the petition to be otherwise defective.
(3) Petition for Election. A labor
organization claiming to represent at least thirty percent (30%) of the
employees in a proposed bargaining unit in a surviving district may file a
petition for representation at any time after the final official action, by the
State Board of Education or a boundary board, necessary to effect a merger of
school districts, unless a certification of representative for substantially
the same group of employees has been issued by the Board.
(a) Showing of Interest. A labor
organization's claim to represent thirty percent (30%) of the employees must be
supported by a showing of interest, as provided for in OAR 115-010-0010(21) and
115-025-0021, by collective bargaining agreements or certifications showing
current representation by the labor organization of at least thirty percent
(30%) of the employees who will be in the proposed bargaining unit, or by a
combination of a showing of interest and agreements or certification.
(b) Conduct of Election. After a petition is
filed under section (3) of this rule, procedures concerning the petition and
any subsequent election will be governed by the other provisions of OAR Chapter
115, Division 25, except that a labor organization's petition to intervene as a
candidate under OAR115-025-0062 may be supported by a ten percent (10%) showing
of interest, by a showing that it currently represents at least ten percent
(10%) of the employees who will be in the proposed bargaining unit or by a
combination of the two showings equaling ten percent (10%) support.
(4) Voluntary Recognition. Nothing
in this rule is intended to prevent an employer from recognizing a labor
organization pursuant to ORS
243.666(3).
