Or. Admin. Code § 115-060-0010

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

Section 115-060-0010 - Contents of Petition

(1) Certification of Private Employee Representative Filed by an Employee/Group of Employees/Individual/Labor Organization. A petition for certification of private employee representative filed by an employee/group of employees/individual/labor organization, shall contain the following:

(a) Name, address, telephone number of the private employer, as well as the name of a multi-employer association, if such organization is involved in the unit requested;

(b) The address(es) of the establishment involved;

(c) The general nature of the employer's business;

(d) A description of the bargaining unit claimed to be appropriate for the purpose of exclusive representation by the petitioner. Such description shall indicate the general classifications of employees sought to be included and those sought to be excluded and the approximate number of employees in the unit claimed to be appropriate;

(e) Name, address and telephone number of the recognized or certified exclusive representative, if any, and the date of prior certification or recognition and the expiration date of any applicable contract, if known to the petitioner;

(f) Names, address(es) and telephone numbers of any other interested labor organizations, if known to the petitioner;

(g) Whether a strike or picketing is in progress at the establishment involved, and, if so, the approximate number of employees participating, and the date such strike or picketing commenced;

(h) A statement as to whether a valid election has been held within the alleged unit or at the establishment within the preceding 12 months;

(i) Any other relevant facts;

(j) Name and affiliation, if any, of the petitioner and its address and telephone number;

(k) The signature of the petitioner's representative, including his title and telephone number;

(l) A petition shall be accompanied by a showing of interest of not less than 30% of the employees in the unit alleged to be appropriate. "Showing of interest" means the evidence of support a petitioner must show in a bargaining unit or proposed bargaining unit before its petition will be acted upon. The showing may be made by authorization cards or petitions which must include a statement of a desire by affected employees to be represented by the petitioner for the purposes of collective bargaining and which must be signed and dated by employees in the unit during the 90 days preceding the filing of the petition; by dues records or payroll deduction records showing the employees to be current members of a petitioning organization; or, by an existing or the most recently expired bargaining agreement in the unit, to which the petitioning organization was a party;

(m) If a petition was filed with the National Labor Relations Board, state what action, if any, was taken.

(2) Certification of Private Employee Representative Filed by Private Employer.

(a) A petition filed by a private employer shall state that a request for representation or continued representation has been made by one or more labor organizations and that the private employer has a good faith doubt concerning the majority representative of its employees;

(b) A petition shall contain all of the information set forth in section (1) of this rule, except subsections (j) and (l) thereof.

(3) Decertification of Private Employee Representative Filed by an Employee/Group of Employees/Individual/Labor Organization.

(a) A petition for decertification shall contain the following:

(A) A statement that the individual or labor organization currently certified or recognized by the private employer no longer represents a majority of the employees in the bargaining unit in which it is currently certified or recognized;

(B) A petition shall contain the information set forth in section (1) of this rule; and

(C) A petition shall be accompanied by a showing of interest of not less than 30 percent of the employees in the unit alleged to be appropriate.

(b) "Showing of interest" means the evidence of support a petitioner must show in a bargaining unit or proposed bargaining unit before its petition will be acted upon. The showing may be made by authorization cards or petitions which must be signed and dated by employees in the unit during the 90 days preceding the filing of the petition; by dues records or payroll deduction records showing the employees to be current members of the petitioning organization; or, by an existing or the most recently expired bargaining agreement in the unit, to which the petitioning organization was party.

(4) Clarification of Unit or Amendment of Certification Filed by the Recognized Individual/Labor Organization/Private Employer. A petition shall, in addition to setting forth the information required by section (1) of this rule, except subsections (d) and (l) thereof, further contain the following:

(a) A description of the present bargaining unit and the date of the certification or recognition;

(b) Proposed clarification or amendment of the unit; and

(c) A statement by petitioner setting forth specific reasons as to why clarification or amendment is requested.

Or. Admin. Code § 115-060-0010

ERB 1-1980, f. & ef. 1-9-80; ERB 12-1985, f. 10-29-85, ef. 10-31-85

Stat. Auth.: ORS 240 & ORS 243

Stats. Implemented: ORS 663.025