Employment Relations Board
Chapter 115
Division 25
PUBLIC EMPLOYEE REPRESENTATION
115-025-0030
Petition for Certification of a New Bargaining Unit by Card Check (Without an Election)
(1) A petition for certification of a representative without a formal election, commonly referred to as the card check process, may be filed when a majority of unrepresented employees in a proposed bargaining unit wish to be represented by a labor organization. The petition may be filed by public employees or a labor organization. The petition requires a showing of interest from more than fifty percent (50%) of employees in the proposed unit. The showing of interest document must comply with OAR 115-025-0021(4) (showing of interest requirements for card check), including by indicating that the signer understands that the document may be used to obtain certification without an election.
(2) If the Board determines that a majority of employees in an appropriate unit have signed valid authorization documents designating the labor organization named in the petition as the exclusive representative, and that no other labor organization is currently certified or recognized as the exclusive representative for any employee in the proposed bargaining unit, then the Board will certify the labor organization named in the petition as the exclusive representative without an election, unless a timely petition for election is filed under OAR 115-025-0061.
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 3-2014, f. 8-25-14, cert. ef. 9-10-14
ERB 1-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14
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 1-1988, f. & cert. ef. 4-25-88
ERB 6-1985, f. 10-29-85, ef. 10-31-85
ERB 1-1980, f. & ef. 1-9-80