OAR 115-025-0050
Unit Clarification Petitions
(b)
The petitioned-for group must not include employees who are represented by another labor organization at the time the petition is filed.(b)
Unrepresented employees will be added to an existing bargaining unit by card check under ORS 243.682 (Representation questions)(2)(a) and this rule, if the Board finds that:(A)
a majority of employees in the group of employees seeking to be included in the existing bargaining unit have signed authorizations designating the labor organization specified in the petition; and(B)
no other labor organization is certified or recognized as the exclusive representative of any of the employees in the group of unrepresented employees seeking to be included.(b)
The petition requires a showing of interest from more than fifty percent (50%) of the employees in the group described in the petition. The showing of interest document must comply with OAR 115-025-0021 (Showing of Interest Requirements) (showing of interest requirements), including by indicating that the signer desires to be included in the bargaining unit represented by the petitioning labor organization.(c)
The contract bar applies, based on the term of the petitioner’s collective bargaining agreement.(e)
When the Board approves a merger of bargaining units, and the employees in the smaller unit are covered by a collective bargaining agreement, the employment conditions for the employees in the smaller unit will remain governed by their collective bargaining agreement until that agreement expires. Before the expiration of that agreement, the parties are obligated to begin negotiations for inclusion of the smaller unit employees under the larger-unit agreement.
Source:
Rule 115-025-0050 — Unit Clarification Petitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=115-025-0050
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