Or. Admin. Code § 115-025-0072

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

Section 115-025-0072 - Voting Procedures

(1) Voting:

(a) Voting will be by secret ballot with an opportunity to vote for any labor organization on the ballot or for no representation (if that choice is applicable).

(b) Elections will be conducted by mail ballot, unless a mail ballot election would not fulfill the policy statements in ORS 243.656.

(A) In a mail ballot election, the date of the election will be the date ballots are to be returned.

(B) A ballot that is not delivered by the voting deadline is void. Ballots may be delivered through the U.S. mail, other commercial delivery service, or in person by anyone other than a supervisor or manager employed by the public employer or a representative employed by the labor organization.

(C) If any individual believes they are eligible to vote but they do not receive a mail ballot, they may contact the Board to request a provisional ballot. Such provisional ballots may be challenged or resolved according to this Board's rule, OAR 115-025-0051(3).

(c) For on-site elections, the date of the election is the last day that the polls are open. For elections that include both on-site voting and mail ballot voting, the date of the election will be the latest of the foregoing dates.

(d) For all representation elections the choice on the ballot receiving the majority of valid votes cast will be declared the winner. In an initial election or runoff election where the ballot has only two choices, and the balloting results in a tie vote, the Board Agent will certify that no representative has been chosen.

(e) Elections will be completed within forty-five (45) days from the date of a petition requesting an election.

(f) Disclaimer. A labor organization may request in writing to have its name removed from the ballot, disclaiming any representation interest for the employees in the unit. For an on-site election, the disclaimer must be filed at least ten (10) days before the date of the election. For a mail ballot election the disclaimer must be filed at least ten (10) days before the date ballots are mailed. When a disclaimer is allowed by the Board after a consent election agreement has been signed, or after the Board has ordered an election, the Board will not accept or consider a new representation petition filed by the disclaiming organization for the same bargaining unit for a period of six months from acceptance of the disclaimer.

(2) Observers. Parties to an election may be represented by observers of their own choosing. The number and the function of the observers will be determined by the Board Agent conducting the election. For on-site election polling place(s):

(a) Observers for the employer cannot be supervisors employed by the employer.

(b) Observers for the labor organization(s) must be eligible voters.

Or. Admin. Code § 115-025-0072

ERB 1-2021, adopt filed 01/07/2021, effective 1/7/2021

Statutory/Other Authority: ORS 240.086(3) & 243.766(7)

Statutes/Other Implemented: ORS 243