Withdrawal or Dismissal of Petition
Withdrawal of Petition.
A petitioner may withdraw a petition filed under Division 25 of these rules with the approval of the Board or Board Agent.
If a petition is withdrawn after a Recommended Order is issued, after a Consent Election Agreement is executed by the parties, or after a representation election is requested under OAR 115-025-0075, the withdrawal will be granted with prejudice, and the petitioner may not submit a new petition for the bargaining unit for a period of six months from the date that the withdrawal was approved. Any subsequent petition will also be subject to any applicable bars and window periods.
Dismissal of Petition.
The Board may request that a party withdraw a petition without prejudice, if the Board determines after an investigation that:
The petition has not been timely or properly filed;
No valid question concerning the representation of employees exists; or
The petition should not be processed for other reasons.
If the party declines to withdraw the petition after such a Board request, the Board may dismiss the petition. Such action may be taken by the Board at any time before the closing of the case.
Within 14 days of the date of service of a Board dismissal of a petition, a petitioner may request reconsideration. This request shall contain a complete statement setting forth the facts and reasons for the request. On its own motion, the Board may or may not hear oral argument on a request for reconsideration. The Board may affirm the dismissal, or set the dismissal aside and remand the matter for hearing.