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Union representation


ERB is responsible for determining when (and under what circumstances) public employees will be represented by a labor organization for purposes of collective bargaining with public employers. ERB’s responsibility includes determining what bargaining units are appropriate and for clarifying the scope of an appropriate unit. Requests that ERB take action with respect to a prospective or existing bargaining unit must be filed using the appropriate form below.

Petitions that Public Employees can file

A majority of currently unrepresented employees in a proposed bargaining unit wish to be represented by a labor organization, and wish to have that labor organization certified as their bargaining representative by using the “card check” process, instead of an election. 

  • The petition must be accompanied by a showing of interest from more than 50% of employees in the proposed unit stating that they wish to be represented by the labor organization named below. (See Instructions for model card check authorization language.) 
  • This type of petition is subject to the “election” and “certification” bars under Board rules. For an explanation of these timelines, see the instructions on the petition form and OAR 115-025-0015(1) and (3).
  • The petition must not include employees who are represented by another labor organization at the time the petition is filed. 
  • Petition form and instructions.

ORS 243.682(2); OAR 115-025-0000(4) 

A card check petition (to either certify a new unit or to add unrepresented employees to an existing unit) has been filed, but at least 30% of the unrepresented employees want to have an election to determine whether they will be represented by a labor organization.

  • This petition must be filed within 14 days after notice of the card check petition is posted. 
  • The petition must be accompanied by a showing of interest from at least 30% of the unrepresented employees stating that they wish to hold an election to determine whether they will be represented by the labor organization. In cases where the original card check petition is seeking to create a new unit, the showing of interest must be signed by at least 30% of all employees in the proposed unit. When the card check petition is seeking to add unrepresented employees.
  • Petition form and instructions.

ORS 243.682(3); OAR 115-025-0075

Employees currently represented by a labor organization wish to hold an election to determine whether they will continue to be represented.

  • This petition must be accompanied by a showing of interest from at least 30% of all employees in the bargaining unit stating that they no longer wish to be represented by the labor organization. 
  • This type of petition is subject to the “election,” “contract,” and “certification” bars under Board rules. 
  • Petition form and instructions.

Note: If employees decertify their labor organization, they cease to be represented by any labor organization, and, generally, cannot join or form a new bargaining unit for one year. 

OAR 115-025-0000(5)​

Petitions that Public Employers can file

Petitioner seeks to clarify whether certain employees are supervisory, confidential, or managerial employees under ORS 243.650, and, as a result, whether they can be included in the existing bargaining unit. This type of petition can be filed at any time, unless the petition seeks to exclude a position that is expressly included in the existing certification or recognition clause; in such cases, a petition may be filed only during the open period under OAR 115-025-0015(4)

Petition and instructions.

OAR 115-025-0005(2)

Petitioner seeks to clarify whether certain employees are included in an existing bargaining unit based on the express terms of a certification or collective bargaining agreement. Before the Board considers this type of petition, the parties may be required to exhaust any applicable grievance in process.

OAR 115-025-0005(3)

Petitioner seeks to add currently unrepresented positions to an existing unit by using the election process.

  • The employees to be added to the existing unit must be unrepresented when the petition is filed.
  • This petition must be accompanied by a showing of interest from at least 30% of the unrepresented employees stating that they wish to be represented by the petitioner.
  • This type of petition is subject to the “election” bar under Board rules. Additionally, if this petition involves employees in positions that existed when the last collective bargaining agreement was negotiated, the petition may be subject to the “contract bar” under Board rules. For an explanation of these timelines, see the attached instructions and OAR 115-025-0015(2) and (3). 

OAR 115-025-0005(4)​

Employer seeks to remove employees from the existing bargaining unit that it believes are inappropriately included under the criteria in ORS 243.682(1)(a).

  • This type of petition is subject to the contract, election and certification bars under Board rules. For an explanation of these timelines, see the attached instructions and OAR 115-025-0015(1)-(3).
  • If a contract is in place for three years or less, then a petition may be filed within 150-180 days before the expiration of the contract. If a contract is in place for more than three years, a petition may be filed any time after three years.
  • Petition and instructions.

OAR 115-025-0000(6)

The employer is asserting that one or more labor organizations have presented a claim for recognition, or continued recognition, as the exclusive bargaining representative of a group of its employees, but the employer has a good faith doubt as to the continued majority status of the incumbent labor organization based on reasonable objective standards. By filing the petition, the employer requests an election to determine whether the group of employees will be or will continue to be represented by a particular labor organization.

Petition and instructions.

OAR 115-025-0000(3)​

​The employer wishes to amend the certification or recognition for certain reasons where no question of representation exists (for example, to reflect a change to its name, or a change in the name of the labor organization representing its employees).

 

​A group of petitioner's employees are represented by a labor organization that has been certified or recognized as the exclusive representative of those employees. Petitioner seeks an order revoking the certification or recognition because the labor organization is defunct or has disclaimed its interest in representing the petitioner's employees. This type of petition may be filed at any time, but the Board will order revocation only if (1) no collective bargaining agreement is in effect and (2) the labor organization is defunct or disclaims any further interest in representing the employees.

Petition and instructions.

OAR 115-025-0009

Petitions that Labor Organizations can file

At least 30% of employees in a proposed or existing bargaining unit wish to be represented by the petitioning labor organization, and the labor organization is requesting an election.

  • The petition must be accompanied by a showing of interest from at least 30% of employees in the proposed unit stating that they wish to be represented by the labor organization named below. 
  • This type of petition is subject to the “election,” “contract,” and/or “certification” bars under Board rules. For an explanation of these timelines, see the attached instructions and OAR 115-025-0015(1) and (3)
  • This petition may be used either to create a new bargaining unit or to change the employees’ exclusive representative from one labor organization to another.  
  • Petition and instructions.

ORS 243.682(1); OAR 115-025-0000(1); 115-025-0000(2)

Petitioner represents more than one bargaining unit of the same public employer’s employees and the petitioner wishes to merge the existing units into a single unit.

  • This type of petition must be filed in the open period under OAR 115-025-0015(4), as that rule applies to the larger of the two bargaining units.
  • The petition must be supported by a petition or cards signed by more than 50% of the employees in each bargaining unit stating that they wish their bargaining units to be merged. 
  • Petition and instructions.

OAR 115-025-0005(5)​

Petitioner seeks to move employees from a different labor organization’s bargaining unit into its own unit, asserting that petitioner’s unit is more appropriate.

  • This petition must be supported by a showing of interest signed by more than 50% of the employees in the affected group, stating that the employees wish to be transferred to the petitioning labor organization’s unit.
  • This petition must be filed in the open period under OAR 115-025-0015(4), as that rule applies to the petitioner’s bargaining unit.
  • Petition and instructions.

OAR 115-025-0005(6)​

On behalf of a group of unrepresented employees, the petitioner seeks to use the “cardcheck” process to add those employees to an existing bargaining unit represented by the petitioner.

  • The employees to be added to the existing unit must be unrepresented when the petition is filed.
  • The petition must be accompanied by a showing of interest from more than 50% of the unrepresented employees stating that they wish to be represented by this labor organization using the “card check” process instead of an election.
  • This type of petition is subject to the “election” bar under Board rules. Additionally, if this petition includes employees in positions that existed when the last collective bargaining agreement was negotiated, the petition may be subject to the “contract bar” underBoard rules. For an explanation of these timelines, see the attached instructions and OAR 115-025-0015(2) and (3).
  • Petition and instructions.

ORS 243.682(2); OAR 115-025-0005(7)

The labor organization wishes to amend the certification or recognition to reflect a change to its name, affiliation with another labor organization, or to reflect a change in the name of the public employer. In cases involving an amendment to affiliate with another labor organization, the petitioner must submit documents demonstrating that at an affiliation election was conducted with at least minimal due process. 

OAR 115-025-0008

Petitioner no longer wants to be the exclusive representative for a group of employees. This type of petition may be filed at any time, but the Board will order a revocation only if (1) no collective bargaining agreement is in effect and (2) the labor organization disclaims any further interest in representing the employees (or the labor organization is defunct). 

OAR 115-025-0009​

One labor organization has filed a petition to certify a new bargaining unit through the election process, but at least 10% of the employees in the same proposed unit wish to be represented by a different (the petitioning) labor organization. By filing this petition, the intervening labor organization seeks to be included as a choice on the ballot.

  • The petition must be accompanied by a showing of interest from at least 10% of employees in the same proposed bargaining unit stating that they wish to be represented by the intervening labor organization.
  • This petition must be filed within 14 days of the notice of the initial petition.
  • Petition and instructions.

OAR 115-025-0035​

School districts are merging, and a labor organization that already represents a majority of the employees seeks to represent the employees of the surviving district.

  • This petition may be filed only between the date of final action by the State Board of Education or by a boundary board to merge the districts and the date that the merger takes effect.
  • In box 8 of the Petition, petitioner must also include: (1) a statement that it currently represents a majority of the employees who will be included in the proposed bargaining unit after the merger (this statement must be supported by collective bargaining agreementsor certifications of representative, and must include the number of employees in the proposed bargaining unit and the number of employees represented by the labor organization in each current unit); (2) contact information for the superintendent of schools for each affected district; (3) the date of final action by the State Board of Education or by a boundary board to merge the districts; and (4) the effective date of the merger.
  • Petition and instructions.

OAR 115-025-0090(2)​

​Petitioner seeks to clarify whether certain employees are supervisory, confidentia, or managerial employees under ORS 243.650, and, as a result, whether they can be included in the existing bargaining unit. This type of petition can be filed at any time, unless the petition seeks to exclude a position that is expressly included in the existing certification or recognition clause; in such cases, a petition may be filed only during the open period under OAR 115-025-0015(4).

Petition and instructions.

OAR 115-025-0005(2)

A  majority  of currently unrepresented employees in a proposed bargaining unit wish to be represented by a labor organization, and wish to have that labor organization certified as their bargaining representative by using the “card check” process, instead of an election.

  • The petition must be accompanied by a showing of interest from more than 50% of employees in the proposed unit stating that they wish to be represented by the labor organization named below. (See Instructions for model card check authorization language.) 
  • This type of petition is subject to the “election” and “certification” bars under Board rules. For an explanation of these timelines, see the attached instructions and OAR 115-025-0015(1) and (3).
  • The petition must not include employees who are represented by another labor organization at the time the petition is filed.
  • Petition and instructions.

ORS 243.682(2); OAR 115-025-0000(4)

Petitioner seeks to clarify whether certain employees are included in an existing bargaining unit based on the express terms of a certification or collective bargaining agreement. Before the Board considers this type of petition, the parties my be reqired to exhaust any applicable grievance in process.

Petition and instructions.

OAR 115-025-0005(3)

​Petitioner  seeks  to  add  currently unrepresented positions to  an  existing  unit  by  using  the  election process.

  • The employees to be added to the existing unit must be unrepresented when the petition is filed.
  • This petition must be accompanied by a showing of interest from at least 30% of the unrepresented employees stating that they wish to be represented by the petitioner. 
  • This type of petition is subject to the “election” bar under Board rules. Additionally, if this petition involves employees in positions that existed when the last collective bargaining agreement was negotiated, the petition may be subject to the “contract bar” under Board rules. For an explanation of these timelines, see the attached instructions and OAR 115-025-0015(2) and (3).
  • Petition and instructions.

OAR 115-025-0005(4)


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