Or. Admin. Code § 115-025-0020

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

Section 115-025-0020 - Appropriate Unit

(1) Petitions to create a new bargaining unit or to change an existing unit must include a description of the proposed unit. The proposed unit must be an appropriate unit for collective bargaining. The proposed unit does not need to be the most appropriate unit.

(2) Subject to ORS 243.650(1), 243.650(19) and 243.682(1)(a), a bargaining unit may consist of all of the employees of the employer, or any department, division, section or area, or any part or combination thereof, if found to be appropriate by the Board.

(3) When considering whether a proposed bargaining unit is appropriate, among the things the Board considers are community of interest (e.g., similarities of duties, skills and benefits; interchange or transfer of employees; promotional ladders; common supervision; etc.); wages, hours and other working conditions of the employees involved; the history of collective bargaining; and the desires of the employees.

(4) Questions concerning public employee status will not be decided in proceedings to determine the appropriate bargaining unit for a representation matter, unless the representation matter cannot be certified without the resolution of such questions.

Or. Admin. Code § 115-025-0020

ERB 1-1980, f. & ef. 1-9-80; ERB 6-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91; ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08; ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08; 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