Or. Admin. Code § 115-025-0090

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

Section 115-025-0090 - Merger of School Districts

(1) Application of Rule. This rule shall apply when there is a "merger," as defined in ORS 330.003, of school districts. As used in this rule, the term "labor organization" includes, in addition to the definition under ORS 243.650(13), an entity composed of two or more local affiliates of a state or national labor organization.

(2) Petition for Certification. A labor organization may file a petition for certification as the exclusive representative of a group of employees of a surviving school district. A petition shall be filed on a form provided by the Board and a copy shall be sent by a Board Agent to parties disclosed in the petition.

(a) Time for Filing. A petition for certification may be filed only between the date of final action by the State Board of Education or by a boundary board to merge the districts and the date that the merger takes effect.

(b) Contents of Petition. The petition must include:

(A) A description of the proposed bargaining unit for which certification is sought;

(B) A statement that the labor organization currently represents a majority of the employees who will be included in the proposed bargaining unit when the merger takes effect. This statement must be supported by collective bargaining agreements or certifications of representative and must include the number of employees in the proposed bargaining unit and the number of employees represented by the labor organization in each current unit;

(C) The name of the superintendent of schools and the name, address and telephone number for each district affected by the merger; and

(D) The dates set forth in subsection (2)(a) of this rule.

(c) Posting of Notice. The Board shall send a notice of the filing of a petition for certification to each affected school district. Each district shall post copies of the notice in work areas granting maximum access to affected employees. The notice shall include a description of the proposed bargaining unit and shall state the rights of interested parties under this Division. The notice shall remain posted for at least ten (10) regular school days.

(d) Objections by Surviving District. Within fourteen (14) days of the date the notice is posted, the surviving school district may file objections to the petition for certification on the ground that the proposed unit is not appropriate or that the district has a good faith doubt that a majority of the employees in the proposed bargaining unit will desire certification of the petitioners as their exclusive representative.

(A) Objections to Unit. If the proposed unit description on its face describes an appropriate bargaining unit, objections to the appropriateness of the unit or to the inclusion or exclusion of certain employees will not delay the certification of representative unless the Board finds that the resolution of the objections may affect the majority support for the petitioning labor organization. A hearing will be held on any valid objections after certification of representative by this Board.

(B) Good Faith Doubt. An objection based on a district's good faith doubt concerning the petitioner's majority support among employees in the proposed bargaining unit must include a statement of the objective basis for the doubt. If the Board finds, based on the objection and any supporting material, that the district's doubt is reasonable, the petition for certification shall be dismissed.

(e) Certification. If no employer objections are filed or are sufficient to delay certification, and no petition for an election affecting employees in the proposed unit is pending, the Board shall issue a certification of representative as soon as is practicable, unless the Board finds the petition to be otherwise defective.

(3) Petition for Election. A labor organization claiming to represent at least thirty percent (30%) of the employees in a proposed bargaining unit in a surviving district may file a petition for representation at any time after the final official action, by the State Board of Education or a boundary board, necessary to effect a merger of school districts, unless a certification of representative for substantially the same group of employees has been issued by the Board.

(a) Showing of Interest. A labor organization's claim to represent thirty percent (30%) of the employees must be supported by a showing of interest, as provided for in OAR 115-010-0010(21) and 115-025-0021, by collective bargaining agreements or certifications showing current representation by the labor organization of at least thirty percent (30%) of the employees who will be in the proposed bargaining unit, or by a combination of a showing of interest and agreements or certification.

(b) Conduct of Election. After a petition is filed under section (3) of this rule, procedures concerning the petition and any subsequent election will be governed by the other provisions of OAR Chapter 115, Division 25, except that a labor organization's petition to intervene as a candidate under OAR115-025-0062 may be supported by a ten percent (10%) showing of interest, by a showing that it currently represents at least ten percent (10%) of the employees who will be in the proposed bargaining unit or by a combination of the two showings equaling ten percent (10%) support.

(4) Voluntary Recognition. Nothing in this rule is intended to prevent an employer from recognizing a labor organization pursuant to ORS 243.666(3).

Or. Admin. Code § 115-025-0090

ERB 1-1992, f. & cert. ef. 6-15-92; ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 3-1998, f. & cert. ef. 1-26-98; ERB 13-2016, f. 11-9-16, cert. ef. 2/1/2017; ERB 1-2021, amend filed 01/07/2021, effective 1/7/2021

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

Statutes/Other Implemented: ORS 243