Under OAR 115-025-0000 (1) a petition for election to certify a public employee representative may be filed by any labor organizaton that represents 30 percent of the public employees in an appropriate bargaining unit, and may also be filed by any labor organization that represents 30 percent of employees who assert that the designated exclusive representative no longer represents the majority of employees in the unit.
There is no fee to file a petition. The form can be downloaded from the agency’s website or by contacting 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 “RC—Certification of Representative.” 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 “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.
Fill in Section 7 with the contact information of labor organizations other than Petitioner, such as the incumbent union, that have an interest in representing employees in the existing unit.
Under “Petitioner/Organization,” fill in your name and then add 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.
30 percent of the employees in the bargaining unit must sign a “showing of interest” form which states that the employees signing the cards wish to be represented by a particular 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:
I desire to be represented by [name of labor organization] for the purposes of collective bargaining with [name of public employer]: