Or. Admin. Code § 115-025-0051

Current through Register Vol. 63, No. 11, November 1, 2024

Section 115-025-0051 - Board Processing of Petitions

(1) Showing of Interest Determination. When a petition is received by the Board, the Board or Board Agent will determine the sufficiency of the showing of interest. That determination is an administrative matter not subject to attack.

(2) Eligibility of Employees and List of Eligible Employees:

(a) Eligible Employees. For the purposes of determining the sufficiency of the showing of interest, public employees who were employed on the filing date of the petition are included in the proposed or affected bargaining unit and are considered eligible in the processing of the petition. The Board may also include as eligible other employees who have a reasonable expectation of continuing employment, including but not limited to, seasonal employees or employees on layoff.

(b) List of Eligible Employees. Within seven (7) days after a public employer receives notice from the Board that a petition has been filed that requires a showing of interest, the public employer will submit to the Board and the petitioner an alphabetical list of eligible employees in the proposed or affected bargaining unit, including their names, addresses and job classifications. The employer will provide the Board proof that it provided a copy of the list to the labor organization named in the petition.

(3) Challenges to the List of Eligible Employees:

(a) Challenges to the inclusion or exclusion of a name(s) from the list of eligible employees must be filed with the Board within seven (7) days after the employer provides the labor organization and the Board with a copy of the list under section (4) of this rule.

(b) The Board Agent will determine whether a majority of employees on the list supplied by the employer have signed valid authorizations. The Board Agent will then determine whether there is a sufficient number of challenged names to affect the result.

(A) If the number of challenges is insufficient to potentially affect the result, then the challenges will be dismissed.

(B) If the number of challenges is sufficient to potentially affect the result, the Board Agent will investigate and, when appropriate, issue a notice of hearing on the challenges. The hearing will be conducted under the expedited procedures set forth in OAR 115-025-0065(2). The challenging party will bear the burden of proof.

(4) Authentication. The Board will determine whether each otherwise valid authorization document was signed by an eligible employee.

(5) Amendments to Petitions:

(a) The Board Agent may require amendments to petitions filed under Division 25. A petition may be dismissed if the petitioner fails to amend the petition within ten (10) days of the Board Agent request, unless the petitioner can establish that it has good cause for failing to do so.

(b) A petitioner may amend a petition at any time before it is sent to respondents. Once the petition is sent, amendments may only be made with approval of the Board Agent.

(6) Withdrawal of Petition:

(a) A petitioner may withdraw a petition filed under these Division 25 rules with the approval of the Board or designated Board Agent.

(b) If a petition is withdrawn after a Recommended Order is issued, after a consent election agreement is executed by the parties, or after a representation election is requested under OAR 115-025-0031, the withdrawal will be granted with prejudice. Prejudice means there will be limitations against filing the same petition again. The petitioner may not submit a new petition for the bargaining unit for a period of six months from the date the withdrawal was approved. Any subsequent petition will also be subject to any applicable bars and open periods.

(7) Dismissal of Petition:

(a) The Board may request that a party withdraw its petition without prejudice, if the Board determines after an investigation that:

(A) The petition has not been timely or properly filed;

(B) No valid question concerning the representation of employees exists; or

(C) The petition should not be processed for other reasons.

(b) If the party declines to withdraw the petition after such a Board request, the Board may dismiss the petition. Such action may be taken by the Board at any time before the closing of the case.

(c) Within fourteen (14) days of the date of service of a Board dismissal of a petition, a petitioner may request reconsideration. This request must contain a complete statement describing the facts and reasons for the request. When the Board grants a request for reconsideration, the Board will normally allow oral argument. The Board may affirm the dismissal, or set the dismissal aside and remand the matter for hearing.

Or. Admin. Code § 115-025-0051

ERB 1-2021, adopt filed 01/07/2021, effective 1/7/2021

Statutory/Other Authority: ORS 240.086(3) & 243.766(7)

Statutes/Other Implemented: ORS 243