Who May File Representation Petitions
A labor organization claiming to represent at least 30 percent of the public employees in an appropriate bargaining unit may petition for an election to be certified as a public employee representative.
A labor organization claiming that 30 percent of the employees in a bargaining unit assert that the designated exclusive representative is no longer the representative of the majority of the employees may petition for an election to be certified as the public representative, so long as the petition also claims that at least 30 percent of employees in the bargaining unit want the petitioning labor organization to represent them.
A public employer may 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.
An employee, group of employees, or a labor organization claiming that a majority of employees in an appropriate bargaining unit wish to be represented by a labor organization may petition to certify a public employee representative without an election, so long as no other labor organization is certified or recognized as the exclusive representative of any employee in the proposed unit.
A public employee or group of public employees alleging that 30 percent of the employees in a bargaining unit assert that the designated exclusive representative is no longer the representative of the majority of the employees in the unit may petition for decertification of that representative.
A public employer alleging that an existing bargaining unit includes an employee or employees who should not be included in the unit under the criteria set forth in ORS 243.682 (Representation questions)(1)(a) may petition for redesignation of the bargaining unit. The timeliness requirements of OAR 115-025-0015 (Timeliness of Petitions) shall serve as a bar to petitions under this subsection even if an election is not held. If a contract is in effect, a petition for a redesignation must be filed from 150 days through 180 days before the end of the contract. If a contract is for more than three years, a petition may also be filed any time after three years from the effective date of the contract. However, if a new contract is negotiated during the fourth year of the contract and before the filing of a petition for election, the new contract shall serve as a contract bar. An order redesignating a unit where a contract exists shall be effective upon expiration of the contract.
All representation petitions shall be filed in writing with the Board on a form approved by the Board. The Board or Board Agent shall send a copy of the petition to the parties named in the petition.