How to File a Petition for Deauthorization of Fair Share Agreement
|A Deauthorization Petition is filed when employees want to rescind (discontinue) the fair share agreement in the collective bargaining agreement. |
Note: The petition must be filed not more than 90 days after the collective bargaining agreement is executed and only one such election shall be conducted in a bargaining unit during the term of a collective bargaining agreement.
How to File a Petition
There is no charge to file a petition. The form can be downloaded from the agency’s website or by calling the agency at (503) 378-6471. Staff can answer your questions regarding procedures and applicable laws and rules. However, they are not permitted to give you legal advice.
To download the form, go to the agency website (www.oregon.gov/ERB) and select Forms from the left navigation bar. Scroll down to select the “Petition for Deauthorization of Fair Share Agreement” in either Microsoft Word or PDF format.
To file, follow the steps below.
- Use the “Petition for Deauthorization of Fair Share Agreement” form provided by the Employment Relations Board (ERB) and check the box in Section 1 for “DA—Deauthorization of Fair Share Agreement.”
- Fill in Section 2, with the name, address, and phone number of the employer and employer’s representative.
- Fill in Section 3 with the current labor organization’s name and address and the name, address, and phone number of the current labor organization’s representative.
- Fill in Section 4, with the bargaining unit description. This information can be obtained from the current contract under the section entitled “Recognition Clause.”
- Fill in Section 5 with the number of employees in the bargaining unit.
- Fill in Section 6, with the effective date and expiration date of the contract.
- Under Section 7, include any other relevant information.
- Under “Petitioner,” put in your name and then the following: “on behalf of the employees of [insert name of employer].”
- Remember to sign next to “Representative’s Signature,” and fill in your address, phone number, fax number, and date.
- 30 percent of the people employed in the bargaining unit must sign a “showing of interest” form. That form must state that the people who sign it are employees and want the fair share agreement between the employer and labor organization to be rescinded. The showing of interest can be in the form of individual cards or a sign-up sheet. See sample below:
Sample Showing of Interest
I am an employee of [employer’s name]. I want the fair share agreement between my
employer and [name of labor organization] to be rescinded.
Employee Employee Date Employee Job
Name (printed) Signature Employee Signed Classification Title
- Mail or deliver the original and one copy of the petition form and the original showing of interest cards or sheet(s) to:
Employment Relations Board
Old Garfield School Building
528 Cottage Street NE, Suite 400
Salem, Oregon 97301-3807