Eligibility to Vote. Public employees eligible to vote in an election will be those employed on the date of the election who were employed on a payroll date agreed to by the parties or on a date specified by the Board. The Board may include as eligible voters other employees who have reasonable expectations of continued employment, including, but not limited to, seasonal employees or employees on layoff.
List of Eligible Voters. The public employer shall submit an alphabetical list of eligible voters, their names, addresses and job classifications to the Board. Unless otherwise expressly agreed to by the parties, the submission shall be provided at least 20 days before the date of the on-site election or 20 days before the date set for the Board to mail out ballots in a mail-ballot election. The Board shall provide each labor organization with a copy of the list of eligible voters.
Disclaimer. A labor organization may request in writing to have its name removed from the ballot, disclaiming any representation interest for the employees in the unit. Such disclaimer must be filed at least ten days before the date of the election in an on-site election or at least ten days before the date ballots are mailed in a mail-ballot election. When a disclaimer is filed and accepted after a consent agreement for an election is signed or after an election is ordered, the Board will not entertain a representation petition filed by the disclaiming organization for the bargaining unit for a period of six months from acceptance of the disclaimer.
Voting shall be by secret ballot with an opportunity to vote for any one of the candidates on the ballot or for no representation.
Elections shall be conducted by mail-ballot, unless a mail-ballot election would not fulfill the policy statements in ORS 243.656. In a mail-ballot election, a ballot that is not delivered through the U.S. mail or in person by the voter is void.
For purposes of scheduling an election by mail, the date on which ballots are to be returned shall be the date of the election;
The choice on the ballot receiving the majority of valid votes cast shall be declared the winner. If there are only two choices on the ballot in an initial election or runoff election and the balloting results in a tie vote, the Board Agent shall certify that no representative has been chosen.
These provisions apply to all representation elections.
Runoff Election. In any representation election where there are more than two choices on the ballot and none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted. The ballot in a runoff election shall contain the two choices on the original ballot that received the largest number of votes. To be eligible to vote in the runoff election, an employee must have been eligible to vote in the original election and still be employed on the date of the runoff election.
Observers. At on-site elections, any party may be represented at the polling place(s) by observers of its own selection, except that employer observers cannot be supervisors employed by the employers. Labor organization observers must be eligible voters. The number and the function of the observers shall be determined by the Board Agent conducting the election.
Challenged Ballots. Any party or the Board Agent may challenge, for good cause, the eligibility of any person to participate in the election. Challenges submitted before the tally must be in writing, supported by a statement describing the challenge, and provided to the other parties to the election. At the tally, challenges may be made orally. The ballots of challenged persons shall be impounded.
Tally of Ballots. The Board shall notify the parties of the date of the ballot count and advise the parties that they are entitled to have a representative present at the count. Upon the conclusion of the ballot count, the Board Agent shall furnish the parties with a tally of ballots on that same date.
Objections to Conduct of Election or Conduct Affecting the Results of the Election.
Objections to the conduct of the election or conduct affecting the results of the election must be filed, within ten days after the tally of ballots has been furnished.
Objections may be filed by any party of record.
Objections must contain a clear and concise statement of the reasons for the objections.
Objections that are not timely filed shall be dismissed.
Certification of Representative or Results of Election. If no objections are filed within ten days and any challenged ballots are insufficient in number to affect the results of the election, the Board Agent shall issue to the parties a certification of the results of the election, including certification of representative, where appropriate.
Resolution of Objections and Challenged Ballots.
When timely objections are filed or where the challenged ballots are sufficient in number to affect the results of the election, the Board Agent shall conduct an investigation and shall, when appropriate, issue a notice of hearing.
The dispute will be processed in the manner set forth in OAR 115-035-0060(5).
The objecting or challenging party shall bear the burden of proof and of going forward in the hearing.
If the Board Agent exercised a challenge because the voters name was not on the list of eligible voters, the party seeking to have the vote counted shall have the burden of proof and the burden of going forward.