1. (1) Petition by Employees or Labor Organization for Certification by Election. Public employees or a labor organization may file a petition for certification of a new bargaining unit by an election process. The petition requires a showing of interest from at least thirty percent (30%) of employees in the proposed unit. The showing of interest document must comply with OAR 115-025-0021 (showing of interest requirements).

2. (2) Petition by Public Employer for Certification by Election.

   1. (a) A public employer may file a petition for an election to certify a public employee representative if the employer is presented with a request from one or more labor organizations to be recognized (or continue to be recognized) as the employee representative, and the employer has a good faith doubt (based on reasonable objective standards) as to the continued majority status of the incumbent labor organization.
   2. (b) The petition must include a brief statement of the reasons for the employer’s doubt, including a summary of the facts that the employer believes support the petition. A simple assertion of the employer’s doubt is insufficient.
   3. (c) No showing of interest is required.
   4. (d) The petition may be filed whenever the competing claims are made. Petitions by the employer are subject to the same bars that apply to the competing claims.

Statutory/Other Authority

ORS 240.086(3) & 243.766(7)

Statutes/Other Implemented

ORS 243

History

ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021