Timeliness of Petitions
Election Bar. No election may be held, and no petition for certification without an election may be filed, for a bargaining unit or a subdivision of one in which a valid election has been held or a petition for certification without an election has been filed during the preceding 12-month period. In mail ballot elections, the date of the election shall be the deadline for return of ballots to the Board. In on-site elections, the date of the election shall be the last day that the polls are open. In mixed on-site and mail ballot elections, the date of the election will be the latest of the foregoing dates.
No representation election involving employees covered by a written collective bargaining agreement with a term of up to three years duration shall be held during that agreements term.
For employees covered by a collective bargaining agreement with a term of more than three years, no representation election involving those employees shall be held during the first three years of its term.
A contract renewed either by new agreement or as the result of an automatic renewal provision shall have the same effect as a new contract. However, the short-term extension of an existing contract to afford the parties time to negotiate a new contract shall not operate as an election bar.
Notwithstanding subsections (2)(a), (b), and (c) of this rule, an existing collective bargaining agreement will not bar a representation election if:
the agreement is no longer a stabilizing influence; and
an election should be held to restore stability to the representation of employees in the unit.
Certification Bar. The certification of an exclusive bargaining representative will serve as a bar to an election for a period of one year from the date of certification unless:
The certified labor organization has dissolved or has become defunct;
A schism has developed in the certified labor organization so that it cannot effectively represent bargaining unit members;
The size of the bargaining unit has fluctuated radically within a short period of time; or
Other changed circumstances warrant waiver of the certification bar.
Open Period for Filing.
If a collective bargaining agreement with a term of up to three years is in effect, a petition for an election must be filed from 60 through 90 days before the end of the contract period. For the open period for unit clarification petitions, see OAR 115-025-0005(4).
If a collective bargaining agreement with a term of more than three years is in effect, a petition for an election may be filed from 60 to 90 days before the end of the first three years of the contract or 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.