Or. Admin. Code § 115-025-0005
Current through Register Vol. 63, No. 11, November 1, 2024
Section 115-025-0005 - DefinitionsWhen these terms are used by the Board in representation matters, they are defined as follows:
(1) Bargaining unit. A specific group of public employees who are, or seek to be, represented for collective bargaining by a labor organization. A bargaining unit can include all employees of an employer or only a portion of the employees.(2) Card check. A process conducted by the Board to determine whether employees wish to be represented for collective bargaining, where the Board determines whether a sufficient number of employees have signed a document (often referred to as an "authorization card") that demonstrates their desire to engage in collective bargaining and designates a labor organization as their exclusive representative. The card check process is described in OAR 115-025-0030 and can be used instead of the election process to establish a new bargaining unit (also referred to as "certification by card check") or to add unrepresented employees to an existing bargaining unit (also referred to as "unit clarification by card check").(3) Certification. A declaration by the Board of the results of a representation election, card check petition, or other petitions filed under this Division.(4) Decertification. Elimination of collective bargaining representation for a bargaining unit.(5) Election Instead of Card Check. A formal representation election requested in response to a card check petition. This process is an alternative to the card check process and is held when thirty percent (30%) or more of the employees sign and submit the required showing of interest in support of the election. This process is described in OAR 115-025-0061.(6) Exclusive Representative. Commonly referred to as a bargaining representative, the exclusive representative is the labor organization that represents a bargaining unit.(7) Open Period. The time period during which certain representation or unit clarification petitions may be filed.(8) Petition. The form filed with the Board to begin the process to obtain, change, clarify, or eliminate collective bargaining representation.(9) Petitioner. As defined in OAR 115-010-0010(17), a petitioner is a party who files a petition with the Board. In this particular context, a petitioner is a public employee, group of employees, a labor organization, or public employer asking the Board to resolve issues related to collective bargaining representation.(10) Representation Election. A secret ballot election conducted by the Board to determine whether employees wish to be represented for collective bargaining or which labor organization will serve as their exclusive representative.(11) Showing of Interest. For some types of petitions under these rules, the Board may not process the petition unless the party submits evidence demonstrating that enough employees support the action being proposed. This evidence is referred to as a showing of interest. The amount and type of showing of interest required is determined by the purpose of the petition. The specific requirements for a showing of interest are described in OAR 115-025-0021.(12) Unit Clarification. The process to change or clarify the composition of an existing bargaining unit, or to change the labor organization that serves as the exclusive representative of a bargaining unit.Or. Admin. Code § 115-025-0005
ERB 1-1980, f. & ef. 1-9-80; ERB 1-1982, f. & ef. 1-19-82; ERB 6-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1988, f. & cert. ef. 4-25-88; ERB 1-1990, f. 7-19-90, cert. ef. 8-1-90; ERB 2-1995(Temp). f. 7-17-95, cert. ef. 8-1-95; ERB 4-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 4-1998, f. & cert. ef. 1-26-98; ERB 1-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14; ERB 3-2014, f. 8-25-14, cert. ef. 9-10-14; ERB 13-2016, f. 11-9-16, cert. ef. 2/1/2017; ERB 1-2021, amend filed 01/07/2021, effective 1/7/2021Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 243