Oregon
Rule Rule 115-025-0065
Certification or Unit Clarification Without Election


(1)

Upon receipt of a petition under OAR 115-025-0010(5) for certification without an election or under OAR 115-025-0010(6) for unit clarification without an election, a Board Agent shall commence an investigation and shall cause a notice of the petition to be posted as described in OAR 115-025-0030(1).

(2)

Authorization Documents.

(a)

An authorization document is a type of showing of interest that is submitted in support of a petition for certification or unit clarification without an election. An authorization document must, at a minimum, contain the following:

(A)

The employees name, typed or legibly printed;

(B)

The employees signature;

(C)

The date of the employees signature;

(D)

A statement that the employee designates the named labor organization as the employees exclusive representative for purposes of collective bargaining with the employees employer; and

(E)

A statement that the employee understands that the employees signature may be used to obtain certification of the named labor organization as the exclusive bargaining representative without an election.

(b)

An authorization under subsection (a) must be signed and dated within the 180-day period before the petition is filed.

(c)

Authorization cards shall be used as the showing of interest if the proposed bargaining unit involves more than 100 employees. If authorization cards are used as a showing of interest, they shall be submitted in alphabetical order.

(d)

An authorization that does not comply with this section shall be deemed invalid.

(3)

Eligible Employees. For the purpose of determining the adequacy of the showing of interest, public employees who were employed on the filing date of the petition for certification or clarification without an election are included in the proposed bargaining unit and are considered eligible in the processing of the petition. The Board may also include as eligible other employees who have a reasonable expectation of continuing employment, including but not limited to, seasonal employees or employees on layoff.

(4)

List of Eligible Employees. Within 7 days after a public employer receives notice under OAR 115-025-0030(3) that a petition has been filed seeking a certification or clarification without an election, the public employer shall submit to the Board an alphabetical list of employees in the proposed bargaining unit, including their names, addresses and job classifications. The Board will provide a copy of the list to the labor organization named in the petition.

(5)

Challenges to the List of Eligible Employees.

(a)

Challenges to the inclusion or exclusion of a name from the list of eligible employees must be filed with the Board within 7 days after the Board provides the labor organization with a copy of the list under section (4) of this rule.

(b)

The Board Agent shall determine whether a majority of employees on the list supplied by the employer have signed valid authorizations. The Board Agent shall then determine whether there is a sufficient number of challenged names to affect the result.

(A)

If the number of challenges is insufficient to potentially affect the result, then the challenges shall be dismissed.

(B)

If the number of challenges is sufficient to potentially affect the result, the Board Agent shall investigate and, when appropriate, issue a notice of hearing on the challenges. The hearing will be conducted as set forth in OAR 115-025-0045. The challenging party shall bear the burden of proof.

(6)

Authentication. The Board shall determine whether each otherwise valid authorization document was signed by an eligible employee.

(7)

Objections. Objections to a petition for certification without an election must be filed within 14 days of the date of the notice posted pursuant to OAR 115-025-0030(3). Hearings on such objections shall be conducted under OAR 115-010-0040 through 0110, unless the context requires otherwise.

(8)

Certification.

(a)

If it is determined in a petition seeking certification without an election that a majority of employees in an appropriate unit have signed valid authorization documents designating the labor organization named in the petition as the exclusive representative, and that no other labor organization is currently certified or recognized as the exclusive representative for any employee in the proposed bargaining unit, then the Board shall certify the labor organization named in the petition as the exclusive representative without an election, unless a timely petition for election is filed under OAR 115-025-0075.

(b)

If it is determined in a petition for unit clarification without an election that a majority of an unrepresented group of employees has signed valid authorization documents to be included in an existing bargaining unit, that the proposed petitioned-for unit is appropriate, and that no other labor organization is certified or recognized as the exclusive representative of any of the employees in the group of unrepresented employees, then the Board shall add the group to the designated existing bargaining unit without an election, unless a timely petition for election is filed under OAR 115-025-0075.
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Last accessed
Dec. 9, 2019