ORS 243.682
Representation questions

  • investigation and hearings on petitions
  • certification without election
  • rules
  • elections

(1)

If a question of representation exists, the Employment Relations Board shall:

(a)

Upon application of a public employer, a public employee or a labor organization, designate the appropriate bargaining unit, and in making its determination shall consider such factors as community of interest, wages, hours and other working conditions of the employees involved, the history of collective bargaining, and the desires of the employees. The board may determine a unit to be the appropriate unit in a particular case even though some other unit might also be appropriate. Unless a labor organization and a public employer agree otherwise, the board may not designate as appropriate a bargaining unit that includes:

(A)

A faculty member described in ORS 243.650 (Definitions for ORS 243.650 to 243.809) (23)(c)(C) who supervises one or more other faculty members; and

(B)

Any faculty member who is supervised by a faculty member described in subparagraph (A) of this paragraph.

(b)

Investigate and conduct a hearing on a petition that has been filed by:

(A)

A labor organization alleging that 30 percent of the employees in an appropriate bargaining unit desire to be represented for collective bargaining by an exclusive representative;

(B)

A labor organization alleging that 30 percent of the employees in an appropriate bargaining unit assert that the designated exclusive representative is no longer the representative of the majority of the employees in the unit;

(C)

A public employer alleging that one or more labor organizations has presented a claim to the public employer requesting recognition as the exclusive representative in an appropriate bargaining unit; or

(D)

An employee or group of employees alleging that 30 percent of the employees assert that the designated exclusive representative is no longer the representative of the majority of employees in the unit.

(2)

Intentionally left blank —Ed.

(a)

Notwithstanding subsection (1) of this section, when an employee, group of employees or labor organization acting on behalf of the employees files a petition alleging that a majority of employees in a unit appropriate for the purpose of collective bargaining wish to be represented by a labor organization for that purpose, or when a labor organization files a petition alleging that the majority in a group of unrepresented employees seek to be added to an existing bargaining unit, the board shall investigate the petition. If the board finds that a majority of the employees in a unit appropriate for bargaining or a majority of employees in a group of unrepresented employees that is appropriate to add to an existing bargaining unit have signed authorizations designating the labor organization specified in the petition as the employees’ bargaining representative and that no other labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit or in the group of unrepresented employees seeking to be added to an existing bargaining unit, the board may not conduct an election but shall certify the labor organization as the exclusive representative unless a petition for a representation election is filed as provided in subsection (3) of this section.

(b)

The board by rule shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (a) of this subsection. The guidelines and procedures must include:

(A)

Model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (a) of this subsection;

(B)

Procedures to be used by the board to establish the authenticity of signed authorizations designating bargaining representatives;

(C)

Procedures to be used by the board to notify affected employees of the filing of a petition requesting certification under subsection (3) of this section;

(D)

Procedures for filing a petition to request a representation election, including a timeline of not more than 14 days after notice has been delivered to the affected employees of a petition filed under paragraph (a) of this subsection; and

(E)

Procedures for expedited resolution of any dispute about the scope of the appropriate bargaining unit. The resolution of the dispute may occur after an election is conducted.

(c)

Solicitation and rescission of a signed authorization designating bargaining representatives are subject to the provisions of ORS 243.672 (Unfair labor practices).

(3)

Intentionally left blank —Ed.

(a)

Notwithstanding subsection (2) of this section, when a petition requesting certification has been filed under subsection (2) of this section, an employee or a group of employees in the unit designated by the petition, or one or more of the unrepresented employees seeking to be added to an existing bargaining unit, may file a petition with the board to request that a representation election be conducted.

(b)

The petition requesting a representation election must be supported by at least 30 percent of the employees in the bargaining unit designated by the petition, or 30 percent of the unrepresented employees seeking to be added to an existing bargaining unit.

(c)

The representation election shall be conducted on-site or by mail not later than 45 days after the date on which the petition was filed.

(4)

Except as provided in ORS 243.692 (Limitation on successive representation elections), if the board finds in a hearing conducted pursuant to subsection (1)(b) of this section that a question of representation exists, the board shall conduct an election by secret ballot, at a time and place convenient for the employees of the jurisdiction and also within a reasonable period of time after the filing has taken place, and certify the results of the election. [1973 c.536 §7; 2007 c.833 §1; 2013 c.663 §8; 2017 c.496 §3; 2017 c.553 §2]

Source: Section 243.682 — Representation questions; investigation and hearings on petitions; certification without election; rules; elections, https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html.

See also annotations under ORS 342.460 in permanent edition.

Notes of Decisions

Designation by the Public Employe Relations Board of an appropriate bargaining unit is not a “final order” so as to be subject to appeal. Klamath County v. Laborers Intl. Union of No. Am., 21 Or App 281, 534 P2d 1169 (1975)

Employment Relations Board findings, that substitute teachers were paid uniform rate and showed desire for representation and community of interest, provided rational basis for conclusion that they were appropriate bargaining unit. Eugene School District v. Substitute Teacher Organization, 31 Or App 1255, 572 P2d 650 (1977)

Employment Relations Board order under this section, determining that proposed bargaining unit was inappropriate, was not unlawful in procedure or substance in its conclusion as to fragmentation of work force and was supported by evidence. OSEA v. Deschutes County, 40 Or App 371, 595 P2d 501 (1979)

Dictum in previous agency decision did not qualify as officially stated agency position or prior agency practice. Association of Engineering Employes v. Department of Transportation, 72 Or App 371, 695 P2d 961 (1985)

Employment Relations Board preference for certifying largest possible bargaining unit does not deny employees right to choose representative labor organization. University of Oregon Chapter, AFT v. University of Oregon, 92 Or App 614, 759 P2d 1112 (1988)

Under this section, Employment Relations Board must conduct hearing when question of representation exists unless parties expressly consent to election. OACE v. Eagle Point School Dist. No. 9, 99 Or App 347, 782 P2d 432 (1989)

Nothing in this statute precludes Employment Relations Board from conducting election with separate balloting by currently recognized bargaining units. Welches School Dist. v. Welches Education Assn., 116 Or App 564, 842 P2d 437 (1992), Sup Ct review denied

Attorney General Opinions

Insuring dependents of school employes as a subject for board-employe consultation, (1971) Vol 35, p 979

Law Review Citations

51 OLR 181 (1971)

243.005
Definitions for ORS 243.005 to 243.045 243.015
Life insurance for police and firefighters 243.025
Issuance of $10,000 life insurance certificate 243.035
Premiums and administrative costs to be budgeted and paid by public employers 243.045
Police and firefighters considered common group for certain purposes 243.055
Exemption from requirements of ORS 243.005 to 243.045 for certain public employers 243.057
Role of executive director 243.061
Public Employees’ Benefit Board 243.066
Officers 243.105
Definitions for ORS 243.105 to 243.285 243.107
Employees of public universities eligible to participate in benefit plan 243.125
Powers and duties of board 243.129
Participation in benefit plan by local government 243.135
Health benefit plans for eligible employees 243.140
Health benefit and dental plans for persons operating foster homes 243.142
Application for federal waiver 243.144
Health benefit plan coverage requirements 243.145
Board authority with respect to health benefit plans 243.156
Coverage of adult disabled children 243.160
Eligibility of retired officer or employee to participate in dental benefit plan 243.163
Eligibility of former member of Legislative Assembly to participate in group benefit plan 243.165
Public Employees’ Benefit Account 243.167
Public Employees’ Revolving Fund 243.170
Contributions for job-share employees limited 243.185
Transfer of moneys from General Fund for payment of costs of health benefit plans 243.200
Participation of self-pay groups in benefit plans 243.205
Reports 243.215
Certain eligible employees permitted to receive employer contributions for health benefit plans of their choice 243.221
Options that may be offered under flexible benefit plan 243.223
Rules for flexible benefit plans 243.252
Payment of cost for employees or retirees 243.256
Reimbursement methodology for payment to hospitals 243.275
Additional benefit plans authorized 243.285
Salary deductions 243.291
Plan eligibility 243.296
Requirements when board offers long term care insurance plan 243.302
Grouping retired and nonretired employees for health insurance coverage 243.303
Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children 243.305
Policy of affirmative action and fair and equal employment opportunities and advancement 243.315
Director of Affirmative Action 243.317
Definitions for ORS 243.317 to 243.323 243.319
Written policy regarding workplace harassment 243.321
Written policies and procedures regarding investigation of report of workplace harassment 243.323
Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment 243.325
“Public employee” defined 243.330
Leaves of absence for athletic competition 243.335
Reimbursement to public employer 243.401
Definitions for ORS 243.401 to 243.507 243.411
Deferred Compensation Fund 243.416
State Treasurer as fund custodian 243.421
Investment program for fund 243.426
Accounts 243.428
Forfeited payments 243.435
Plan contents 243.440
Salary reduction for deferred compensation plan 243.445
Employee choice of plans 243.450
Disclosure statement 243.460
Effect of deferred compensation on current taxable income and on retirement programs 243.462
Option to defer compensation on after-tax basis 243.465
Rollover distribution of deferred amounts to beneficiary 243.470
Administration of deferred compensation program 243.472
Costs of plan administration assessed against participants 243.474
Investment of local government plan assets through investment program 243.476
Compliance with federal requirements 243.478
Plan administration agreements 243.482
Immunity of governmental agencies from liability for plan administration or investment of funds 243.505
Deferred Compensation Advisory Committee 243.507
Payment of deferred compensation to alternate payee under judgment or order 243.550
Dependent care assistance plan 243.555
Definitions for ORS 243.555 to 243.575 243.560
Rulemaking 243.565
Administration of plan 243.570
Compensation reduction agreement 243.575
Computation of retirement and pension benefits 243.585
Accounting system allowances for dedication of salary 243.650
Definitions for ORS 243.650 to 243.809 243.656
Policy statement 243.662
Rights of public employees to join labor organizations 243.666
Certified or recognized labor organization as exclusive employee group representative 243.668
Legislative findings 243.670
Prohibition of actions by public employer to assist, promote or deter union organizing 243.672
Unfair labor practices 243.676
Processing of unfair labor practice complaints 243.682
Representation questions 243.684
Requirements for petition for representation 243.686
Representation elections 243.692
Limitation on successive representation elections 243.696
Bargaining representatives for executive department state agencies, judicial department and legislative department 243.698
Expedited bargaining process 243.702
Renegotiation of invalid provisions in agreements 243.706
Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process 243.712
Mediation upon failure to agree after 150-day period 243.716
Use of volunteers not contracting out for services 243.722
Fact-finding procedure 243.726
Public employee strikes 243.732
Refusal to cross picket line as prohibited strike 243.736
Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel 243.738
Strikes by employees of mass transit districts, transportation districts and municipal bus systems 243.742
Binding arbitration when strike prohibited 243.746
Selection of arbitrator 243.752
Arbitration decision final 243.756
Employment conditions during arbitration 243.762
Alternative arbitration procedure under collective bargaining agreement 243.766
Board duties in administration of collective bargaining laws 243.772
Effect of collective bargaining laws on local charters and ordinances 243.778
Student representation when bargaining unit includes public university faculty 243.782
Representation by counsel authorized 243.796
Definitions for ORS 243.796 to 243.806 243.798
Reasonable time granted to designated representatives to engage in certain activities during work hours 243.802
Written agreements regarding grant of period of release time for public employees to serve as designated representatives 243.804
Reasonable access to employees within bargaining unit 243.806
Agreement authorizing public employer to make deductions from salary or wages of public employee 243.808
Arbitration concerning alleged misconduct by law enforcement officer 243.809
Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards 243.812
Commission on Statewide Law Enforcement Standards of Conduct and Discipline 243.815
Optional retirement plan for certain academic and administrative public university employees 243.820
Agreement for payment of annuity premium or investment in stock of regulated investment company 243.830
Effect of agreement on retirement contributions and benefits 243.850
Qualified football coaches plan 243.860
Definitions for ORS 243.860 to 243.886 243.862
Oregon Educators Benefit Board 243.864
Duties 243.866
Benefit plans 243.867
Participation in benefit plan by local government 243.868
Benefit plans for other than health and dental benefits 243.869
Coverage of adult disabled children 243.870
Long term care benefit plans 243.872
Requirements when board offers long term care benefit plan 243.874
Flexible benefit plans 243.876
Payroll deductions 243.877
Health benefit plan coverage requirements 243.878
Board authority with respect to health benefit plans 243.879
Reimbursement methodology for payment to hospitals 243.880
Oregon Educators Benefit Account 243.882
Monthly participation assessment 243.884
Oregon Educators Revolving Fund 243.886
Limitations on district participation in benefit plans 243.910
Definitions for ORS 243.910 to 243.945 243.920
Assisting employees to obtain supplemental benefits 243.930
Board contributions 243.935
Employer assumption of full amount of employee contributions 243.940
Employee election 243.945
Employees not eligible for assistance 243.950
Public Safety Memorial Fund 243.952
Public Safety Memorial Fund Board 243.954
Definitions for ORS 243.954 to 243.974 243.956
Eligibility for benefits from fund 243.958
Initial application for benefits 243.959
Supplemental application for benefits 243.960
Application information public record 243.962
Determination of award amount 243.964
Order 243.966
Reconsideration 243.968
Payment of awards 243.969
Payment of lump sum benefits 243.970
Authority of board 243.972
Gifts 243.974
Designation of beneficiary form
Green check means up to date. Up to date

Current through early 2024

§ 243.682’s source at oregon​.gov