ORS 243.682
Representation questions

investigation and hearings on petitions
certification without election
rules
elections

Text
Annotations 10

(1)

If a question of representation exists, the Employment Relations Board shall:

(a)

Upon application of a public employer, a 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. Unless a labor organization and a public employer agree otherwise, the board may not designate as appropriate a bargaining unit that includes:

(A)

A faculty member described in ORS 243.650 (Definitions for ORS 243.650 to 243.809) (23)(c)(C) who supervises one or more other faculty members; and

(B)

Any faculty member who is supervised by a faculty member described in subparagraph (A) of this paragraph.

(b)

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.

(2)

Intentionally left blank —Ed.

(a)

Notwithstanding subsection (1) of this section, when an employee, group of employees or labor organization acting on behalf of the employees files a petition alleging that a majority of employees in a unit appropriate for the purpose of collective bargaining wish to be represented by a labor organization for that purpose, or when a labor organization files a petition alleging that the majority in a group of unrepresented employees seek to be added to an existing bargaining unit, the board shall investigate the petition. If the board finds that a majority of the employees in a unit appropriate for bargaining or a majority of employees in a group of unrepresented employees that is appropriate to add to an existing bargaining unit have signed authorizations designating the labor organization specified in the petition as the employees’ bargaining representative and that no other labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit or in the group of unrepresented employees seeking to be added to an existing bargaining unit, the board may not conduct an election but shall certify the labor organization as the exclusive representative unless a petition for a representation election is filed as provided in subsection (3) of this section.

(b)

The board by rule shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (a) of this subsection. The guidelines and procedures must include:

(A)

Model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (a) of this subsection;

(B)

Procedures to be used by the board to establish the authenticity of signed authorizations designating bargaining representatives;

(C)

Procedures to be used by the board to notify affected employees of the filing of a petition requesting certification under subsection (3) of this section;

(D)

Procedures for filing a petition to request a representation election, including a timeline of not more than 14 days after notice has been delivered to the affected employees of a petition filed under paragraph (a) of this subsection; and

(E)

Procedures for expedited resolution of any dispute about the scope of the appropriate bargaining unit. The resolution of the dispute may occur after an election is conducted.

(c)

Solicitation and rescission of a signed authorization designating bargaining representatives are subject to the provisions of ORS 243.672 (Unfair labor practices).

(3)

Intentionally left blank —Ed.

(a)

Notwithstanding subsection (2) of this section, when a petition requesting certification has been filed under subsection (2) of this section, an employee or a group of employees in the unit designated by the petition, or one or more of the unrepresented employees seeking to be added to an existing bargaining unit, may file a petition with the board to request that a representation election be conducted.

(b)

The petition requesting a representation election must be supported by at least 30 percent of the employees in the bargaining unit designated by the petition, or 30 percent of the unrepresented employees seeking to be added to an existing bargaining unit.

(c)

The representation election shall be conducted on-site or by mail not later than 45 days after the date on which the petition was filed.

(4)

Except as provided in ORS 243.692 (Limitation on successive representation elections), if the board finds in a hearing conducted pursuant to subsection (1)(b) of this section that a question of representation exists, the board 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 of the election. [1973 c.536 §7; 2007 c.833 §1; 2013 c.663 §8; 2017 c.496 §3; 2017 c.553 §2]

Source: Section 243.682 — Representation questions; investigation and hearings on petitions; certification without election; rules; elections, https://www.oregonlegislature.gov/bills_laws/ors/ors243.html.

See also annotations under ORS 342.460 in permanent edition.

Notes of Decisions

Designation by the Public Employe Relations Board of an appropriate bargaining unit is not a “final order” so as to be subject to appeal. Klamath County v. Laborers Intl. Union of No. Am., 21 Or App 281, 534 P2d 1169 (1975)

Employment Relations Board findings, that substitute teachers were paid uniform rate and showed desire for representation and community of interest, provided rational basis for conclusion that they were appropriate bargaining unit. Eugene School District v. Substitute Teacher Organization, 31 Or App 1255, 572 P2d 650 (1977)

Employment Relations Board order under this section, determining that proposed bargaining unit was inappropriate, was not unlawful in procedure or substance in its conclusion as to fragmentation of work force and was supported by evidence. OSEA v. Deschutes County, 40 Or App 371, 595 P2d 501 (1979)

Dictum in previous agency decision did not qualify as officially stated agency position or prior agency practice. Association of Engineering Employes v. Department of Transportation, 72 Or App 371, 695 P2d 961 (1985)

Employment Relations Board preference for certifying largest possible bargaining unit does not deny employees right to choose representative labor organization. University of Oregon Chapter, AFT v. University of Oregon, 92 Or App 614, 759 P2d 1112 (1988)

Under this section, Employment Relations Board must conduct hearing when question of representation exists unless parties expressly consent to election. OACE v. Eagle Point School Dist. No. 9, 99 Or App 347, 782 P2d 432 (1989)

Nothing in this statute precludes Employment Relations Board from conducting election with separate balloting by currently recognized bargaining units. Welches School Dist. v. Welches Education Assn., 116 Or App 564, 842 P2d 437 (1992), Sup Ct review denied

Attorney General Opinions

Insuring dependents of school employes as a subject for board-employe consultation, (1971) Vol 35, p 979

Law Review Citations

51 OLR 181 (1971)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 243.682 Representation questions

(1)

(a)

(A)

(B)

(b)

(A)

(B)

(C)

(D)

(2)

(a)

(b)

(A)

(B)

(C)

(D)

(E)

(c)

(3)

(a)

(b)

(c)

(4)

Notes of Decisions

Attorney General Opinions

Law Review Citations

ORS 243.682
Representation questions