OAR 115-025-0025
Petitions to Certify a New Bargaining Unit (by Card Check or Election)

(1) A representation petition may be filed to certify a new bargaining unit. The petition may request that the Board determine whether a majority of the employees in the proposed bargaining unit desire representation by the designated representative by conducting a card check (see OAR 115-025-0030 (Petition for Certification of a New Bargaining Unit by Card Check (Without an Election))) or an election (see OAR 115-025-0031 (Petition for Certification of a New Bargaining Unit by Election)). Public employees or a labor organization may file a petition for certification by card check or an election. A public employer may file a petition to certify an exclusive representative by election, under the circumstances set forth in OAR 115-025-0031 (Petition for Certification of a New Bargaining Unit by Election)(2).
(2) A petition to certify a new bargaining unit (by card check or election) must not propose a unit that includes employees who are in a bargaining unit that is represented by another labor organization at the time the petition is filed.
(3) A petition to certify a new bargaining unit is subject to the “election bar” under Board rules. See OAR 115-025-0015 (When Representation-Related Petitions Can Be Filed)(3).
(4) Voluntary Recognition. Nothing in the Board’s rules is intended to prevent an employer from voluntarily recognizing a labor organization pursuant to ORS 243.666 (Certified or recognized labor organization as exclusive employee group representative)(3). If an employer agrees to voluntarily recognize a labor organization as the exclusive representative of a group of its employees, the labor organization is not required to file a petition for certification.

Source: Rule 115-025-0025 — Petitions to Certify a New Bargaining Unit (by Card Check or Election), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=115-025-0025.

Last Updated

Jun. 8, 2021

Rule 115-025-0025’s source at or​.us