Oregon
Rule Rule 115-025-0075
Election Petition in Response to Petition for Representation or Unit Clarification Without an Election


(1)

After a petition for certification without an election has been filed under OAR 115-025-0010(5), an employee or group of employees in the proposed bargaining unit may petition the Board for a representation election. The petition for an election must be filed within 14 days from the date of the notice posted under OAR 115-025-0030(2), and it must be accompanied by a showing of interest from at least 30 percent of the employees in the bargaining unit designated in the petition for certification without an election.

(2)

After a petition for unit clarification without an election has been filed under OAR 115-025-0010(6), one or more of the unrepresented employees may petition the Board for a unit clarification election. The petition for an election must be filed within 14 days from the notice posted under OAR 115-025-0030(2), and it must be accompanied by a showing of interest from at least 30 percent of the unrepresented employees to be added to the existing bargaining unit.

(3)

Showing of Interest. For purposes of this section, a showing of interest must contain the employees name, typed or printed legibly, the employees signature, the date of the employees signature, and a statement indicating that the employee requests an election on whether the Board should certify the named labor organization as the exclusive bargaining representative for the employees of the employer, or in the case of a unit clarification petition, that the employee requests an election on whether the group of unrepresented employees should be added to the existing bargaining unit.

(4)

Notice and Election.

(a)

If the Board determines that the petition for election is accompanied by a sufficient showing of interest, the Board shall conduct an election by secret ballot.

(b)

The Board Agent shall require the employer to post a notice of the election under OAR 115-025-0055 at least 14 days before the election.

(c)

In an election by mail, the date of the election shall be the date on which the ballots are to be returned to the Board. Ballots must be delivered to the Board in person by the voter or by U.S. mail. Ballots not so delivered by the date of the election shall be void.

(d)

The election shall be completed within 45 days from the date of the petition requesting an election.

(5)

Procedures.

(a)

The election shall follow the procedures in OAR 115-025-0060(4) and (7)-(11).

(b)

All employees in the bargaining unit designated in the petition for certification without an election or all employees designated to be added to the existing bargaining unit in the petition for unit clarification without an election shall be eligible to vote. The two choices on the ballot shall be no representation, or the labor organization named in the petition for certification or unit clarification without an election.
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Last accessed
Oct. 16, 2019