Employment Relations Board
Chapter 115
Division 60
PRIVATE EMPLOYEE REPRESENTATION
115-060-0005
Petitions for Clarification or Amendment of Bargaining Unit
(1) Petitions for clarification or amendment of certification may be filed by the recognized or certified representative or by the private employer when no question of representation exists. The petition must be submitted in writing on a form approved by the Board. The petitioner shall designate one or more of the following subsections on the form to indicate the clarification issue(s) the petitioner intends to raise. After the filing of objections, if any, the Board Agent may determine the issue raised by the petition. If the Board Agent determines that the issue raised is different than that designated on the form, the Board Agent shall determine whether the petition complies with the requirements of the appropriate subsection(s).
(2) When the issue raised by the clarification petition is one of employee status under ORS 663.005(3), the petition may be filed at any time; except that where a position sought to be excluded is expressly by title included within the unit description, a petition may be filed only during the open period provided for in OAR 115-060-0015(4). The Board may order a self-determination election among the affected employees as a result of a petition filed by a labor organization under this subsection of this rule, if the Board determines that an election would be appropriate to further the policies expressed in ORS Chapter 663.
(3) When the issue raised by the clarification petition is whether certain positions are or are not included in a bargaining unit under the express terms of a certification description or collective bargaining agreement, a petition may be filed at any time; except that the petitioning party shall be required to exhaust any grievance in process that may resolve the issue before such a petition shall be deemed timely by the Board.
(4) When the issue raised by the clarification petition is whether certain unrepresented positions should be added to an existing bargaining unit, the petition must be supported by a 30 percent showing of interest among the unrepresented employees sought to be added to the existing unit. If the employees sought to be added to the unit occupy positions that existed and were filled at the time of the most recent certification or recognition agreement, the petition must be filed during the open period provided for in OAR 115-060-0015(4) and will be subject to the provisions of 115-060-0015(1) and (3). If the employees sought to be added to the unit occupy positions that were created or were filled after the most recent certification or recognition agreement, the petition may be filed at any time and will not be subject to the provisions of 115-060-0015. If the Board determines that it would be appropriate to add the unrepresented positions to the existing bargaining unit, the Board shall order a self-determination election in which the unrepresented employees will vote either to be represented within the existing bargaining unit or for no representation. The election shall be conducted by a Board Agent in accordance with the provisions of 115-060-0050 and 115-060-0055, to the extent such rules are applicable to a self-determination election. If a majority of the unrepresented employees who vote cast ballots in favor of representation, the existing bargaining unit shall be clarified to include the positions of the unrepresented employees.
Statutory/Other Authority: ORS 243
Statutes/Other Implemented: ORS 663.020
History:
ERB 2-1998, f. & cert. ef. 1-26-98
ERB 1-1980, f. & ef. 1-9-80