A Decertification Petition under OAR 115-025-0000 (1)(d) may be filed by a public employee or group of public employees alleging that 30 percent of the employees in a bargaining unit wish to discontinue being represented by the labor organization (union) that represents them. Note: If a Decertification Petition is filed, employees will not have any representation and will need to wait at least one year to request new representation.
There is no fee 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 but cannot provide 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 and select the Petition for Representation or Unit Changes form and check the box for “DC—Decertification.” To file, follow the steps below:
On the reverse side of the Petition, complete Section 2 with the contact information for the employer and employer’s representative.
Fill in Section 3 with the contact information for the current recognized or certified labor organization's representative.
Fill in Section 4 with a description of the proposed bargaining unit, or existing unit and proposed change. This information can be obtained from the current collective bargaining contract's under “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.
Section 7 does not apply
Under “Petitioner/Organization,” fill 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/email/fax, and date.
At least 30 percent of the employees in the bargaining unit must sign a “showing of interest” form which states that the employees signing the cards no longer wish to be represented by the current labor organization. The showing of interest format can be individual cards or a sign-up sheet. Signatures must be obtained within 90 days of filing the petition.
Sample Showing of Interest
We no longer desire to be represented by [name of labor organization] for the
purposes of collective bargaining with [name of public employer].
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
Attn: Elections Coordinator
Old Garfield School Building
528 Cottage Street NE, Suite 400
Salem, Oregon 97301-3807