Or. Admin. Code § 115-025-0060

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

Section 115-025-0060 - Notice of Petition

(1) When a petition is received by the Board under OAR 115-025-0010, a Board Agent will provide a notice of the petition to the public employer for posting in the work areas granting maximum access to employees in the existing or proposed unit. The public employer shall distribute the notice electronically when reasonably appropriate. Copies of the notice will be sent to the public employer and any known exclusive representative. The notice will include:

(a) The name of the petitioning organization or employer;

(b) A description of the unit involved; and

(c) A statement that parties and interested persons will have fourteen (14) days from the date of the notice to file:

(A) Objections to the appropriateness of the proposed unit;

(B) Objections to the positions to be included or excluded;

(C) Objections to the petitioner's designation of the issue(s) in cases filed under OAR 115-025-0010;

(D) Objections that a labor organization is currently certified or recognized as the exclusive representative of one or more employees in the proposed unit; and

(E) Requests to intervene as provided in OAR 115-025-0062.

(2) When the notice is for a petition for certification or unit clarification by card check, a copy of the notice also will be sent to the recognized or certified representative of any existing bargaining unit, if that representative did not jointly file the petition with the group of unrepresented employees. In addition to the information provided in subsection (1), the notice will include:

(a) A statement that certification for representation or unit clarification without an election has been requested;

(b) The name of the labor organization that seeks certification, and the name of any recognized or certified representative of the existing bargaining unit;

(c) A description of the proposed bargaining unit, or, in the case of a unit clarification petition, a description of the existing bargaining unit and the unrepresented group of employees to be added to that existing unit; and

(d) A statement that a request for an election pursuant to ORS 243.682(3) must be filed within fourteen (14) days from the date of the notice.

Or. Admin. Code § 115-025-0060

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 3-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 4-1998, f. & cert. ef. 1-26-98; ERB 1-2010(Temp), f. & cert. ef. 4-13-10 thru 10-10-10; ERB 2-2010, f. 9-23-10, cert. ef. 10-1-10; 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