Petitions to Certify a New Bargaining Unit (by Card Check or Election)

(1) A representation petition may be filed to certify a new bargaining unit. The petition may request that the Board determine whether a majority of the employees in the proposed bargaining unit desire representation by the designated representative by conducting a card check (see OAR 115-025-0030) or an election (see OAR 115-025-0031). Public employees or a labor organization may file a petition for certification by card check or an election. A public employer may file a petition to certify an exclusive representative by election, under the circumstances set forth in OAR 115-025-0031(2). (2) A petition to certify a new bargaining unit (by card check or election) must not propose a unit that includes employees who are in a bargaining unit that is represented by another labor organization at the time the petition is filed. (3) A petition to certify a new bargaining unit is subject to the “election bar” under Board rules. See OAR 115-025-0015(3). (4) Voluntary Recognition. Nothing in the Board's rules is intended to prevent an employer from voluntarily recognizing a labor organization pursuant to ORS 243.666(3). If an employer agrees to voluntarily recognize a labor organization as the exclusive representative of a group of its employees, the labor organization is not required to file a petition for certification. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2008, f. 3-12-08, cert. ef. 3-17-08 ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08 ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08 ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91 ERB 1-1980, f. & ef. 1-9-80