Employment Relations Board
Chapter 115
Division 25
PUBLIC EMPLOYEE REPRESENTATION
115-025-0062
Request to Intervene in an Election
(1) Request to Intervene after the Filing of an Election Petition by Another Party. A labor organization may file a request to intervene in an election petition filed by another party (including a petition for certification by election, a petition for unit clarification by election, and a petition to change or decertify a representative) if a sufficient number of employees in the affected bargaining unit wish to be represented by the intervening labor organization. The intervening labor organization seeks to be a choice on the election ballot.
(2) Showing of Interest. The intervention request must be supported by a showing of interest of at least ten percent (10%) of employees in the petitioned-for unit. The showing of interest document must comply with OAR 115-025-0021 (showing of interest requirements), including by indicating that the signer wishes to be represented by the labor organization named in the intervention request.
(3) The intervention request must be filed within fourteen (14) days of the notice of the initial petition.
(4) A request to intervene may propose a bargaining unit different from that sought by the petitioner, but that still includes some of the employees in the bargaining unit proposed by the petitioner in the initial petition. In such cases:
(a) The intervention request must be supported by a showing of interest of at least thirty percent (30%) of employees in the different proposed unit. The employees must clearly state in their showing of interest that they wish to be represented by the labor organization named in the intervention request.
(b) The intervention request must be filed within fourteen (14) days of the notice of the initial petition.
(c) If the intervenor’s proposed unit or a major part of it is currently represented, the certified or recognized labor organization that is the exclusive representative will be included as a party in interest in any hearing on the petition and will be included on the ballot in any resulting election, unless it files a disclaimer pursuant to OAR 115-025-0072(1)(f).
Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 243
History:
ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021