Or. Admin. Code § 115-025-0005 - Definitions
When these terms are used by the Board in representation matters, they are defined as follows:
(1) Bargaining unit . A specific group of
public employees who are, or seek to be, represented for collective bargaining
by a labor organization. A bargaining unit can include all employees of an
employer or only a portion of the employees.
(2) Card check . A process conducted by the
Board to determine whether employees wish to be represented for collective
bargaining, where the Board determines whether a sufficient number of employees
have signed a document (often referred to as an "authorization card") that
demonstrates their desire to engage in collective bargaining and designates a
labor organization as their exclusive representative . The card check process is
described in OAR 115-025-0030 and can be used instead of the election process
to establish a new bargaining unit (also referred to as "certification by card
check ") or to add unrepresented employees to an existing bargaining unit (also
referred to as "unit clarification by card check ").
(3) Certification . A declaration by the Board
of the results of a representation election , card check petition , or other
petitions filed under this Division.
(4) Decertification . Elimination of
collective bargaining representation for a bargaining unit .
(5) Election Instead of Card Check . A formal
representation election requested in response to a card check petition . This
process is an alternative to the card check process and is held when thirty
percent (30%) or more of the employees sign and submit the required showing of
interest in support of the election. This process is described in OAR
115-025-0061.
(6) Exclusive
Representative . Commonly referred to as a bargaining representative, the
exclusive representative is the labor organization that represents a bargaining
unit .
(7) Open Period . The time
period during which certain representation or unit clarification petitions may
be filed.
(8) Petition . The form
filed with the Board to begin the process to obtain, change, clarify, or
eliminate collective bargaining representation.
(9) Petitioner . As defined in OAR
115-010-0010(17), a petitioner is a party who files a petition with the Board.
In this particular context, a petitioner is a public employee, group of
employees, a labor organization, or public employer asking the Board to resolve
issues related to collective bargaining representation.
(10) Representation Election . A secret ballot
election conducted by the Board to determine whether employees wish to be
represented for collective bargaining or which labor organization will serve as
their exclusive representative .
(11) Showing of Interest . For some types of
petitions under these rules, the Board may not process the petition unless the
party submits evidence demonstrating that enough employees support the action
being proposed. This evidence is referred to as a showing of interest . The
amount and type of showing of interest required is determined by the purpose of
the petition . The specific requirements for a showing of interest are described
in OAR 115-025-0021.
(12) Unit
Clarification . The process to change or clarify the composition of an existing
bargaining unit , or to change the labor organization that serves as the
exclusive representative of a bargaining unit .
Notes
Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 243
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