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Disclaimer: The following excerpt from the 2005 Oregon Revised Statutes is included on this site to assist in your research on an issue. Please be aware that there are likely to be other statutes and rules, both federal and state, that may apply based on a specific event or fact situation. Also, most court-made law will not appear in a statute. Even if the statute on its face looks like it covers the situation, it may not. We urge you to consult your city attorney about your city's specific situation. |
243.682 Representation questions; investigation and
hearings on petitions; elections. If a question of representation
exists, the Employment Relations Board shall:
(1) Upon application of a public employer, public employee or a labor organization, designate the appropriate bargaining unit, and in making its determination shall consider such factors as community of interest, wages, hours and other working conditions of the employees involved, the history of collective bargaining, and the desires of the employees. The board may determine a unit to be the appropriate unit in a particular case even though some other unit might also be appropriate.
(2) Investigate and conduct a hearing on a petition that has been filed by:
(a) A labor organization alleging that 30 percent of the employees in an appropriate bargaining unit desire to be represented for collective bargaining by an exclusive representative;
(b) A labor organization alleging that 30 percent of the employees in an appropriate bargaining unit assert that the designated exclusive representative is no longer the representative of the majority of the employees in the unit;
(c) A public employer alleging that one or more labor organizations has presented a claim to the public employer requesting recognition as the exclusive representative in an appropriate bargaining unit; or
(d) An employee or group of employees alleging that 30 percent of the employees assert that the designated exclusive representative is no longer the representative of the majority of employees in the unit.
(3) Except as provided in ORS 243.692, if the board finds in a hearing conducted pursuant to subsection (2) of this section that a question of representation exists, it shall conduct an election by secret ballot, at a time and place convenient for the employees of the jurisdiction and also within a reasonable period of time after the filing has taken place, and certify the results thereof. [1973 c.536 §7]
243.686 Representation elections; ballot form;
determining organization to be certified; consent elections. (1) The
Employment Relations Board shall place on the ballot only those labor
organizations designated to be placed on the ballot by more than 10 percent of
the employees in an appropriate bargaining unit.
(2) The ballot shall contain a provision for marking no representation.
(3) The board shall determine who is eligible to vote in the election and require the employer to provide a complete list of all such eligible persons, their names, addresses and job classifications to each candidate organization on the ballot at least 20 days before the election is to occur.
(4) The labor organization which receives the majority of the votes cast in an election shall be certified by the board as the exclusive representative.
(5) In any election where there are more than two choices on the ballot and none of the choices receives a majority of the votes cast, a runoff election shall be conducted. The ballot in the runoff election shall contain the two choices on the original ballot that received the largest number of votes.
(6)(a) In conducting an election involving the faculty of a university administered by the State Board of Higher Education, the Employment Relations Board shall place on the same ballot provisions for voting on two issues:
(A) For or against representation; and
(B) For those labor organizations designated to be placed on the ballot by more than 10 percent of the employees in an appropriate bargaining unit.
(b) If a majority of votes in paragraph (a)(A) of this subsection are cast in favor of no representation, the board shall not count the votes cast for labor organizations and shall certify no representative for the unit.
(c) If a majority of votes in paragraph (a)(A) of this subsection are cast in favor of representation, the board shall count the votes in paragraph (a)(B) of this subsection for the designated labor organizations and, if an organization receives a majority of those votes cast, shall certify that organization as the exclusive representative. If no labor organization receives a majority of the votes cast in paragraph (a)(B) of this subsection, a runoff election shall be conducted. The ballot in the runoff election shall contain only the two labor organizations that received the largest number of votes.
(7) Nothing in this section is intended to prohibit the waiving of hearings by stipulation for the purpose of a consent election, in conformity with the rules of the board. [1973 c.536 §8; 1983 c.83 §27; 1997 c.11 §4]
243.692 Limitation on successive representation
elections. (1) No election shall be conducted under ORS 243.682 (3) in
any appropriate bargaining unit within which during the preceding 12-month
period an election was held, nor during the term of any lawful collective
bargaining agreement between a public employer and an employee representative.
However, a contract with a term of more than three years shall be a bar for only
the first three years of its term.
(2) Notwithstanding subsection (1) of this section, the Employment Relations Board shall rule that a contract will not be given the effect of barring an election if it finds that:
(a) Unusual circumstances exist under which the contract is no longer a stabilizing force; and
(b) An election should be held to restore stability to the representation of employees in the unit.
(3) A petition for an election where a contract exists must be filed not more than 90 calendar days and not less than 60 calendar days before the end of the contract period. If the contract is for more than three years, a petition for election may be filed any time after three years from the effective date of the contract. [1973 c.536 §9; 1999 c.572 §1]