(1) Many petitions
must be supported by a valid showing of interest.
(2) A petitioner can fulfill the showing of
interest requirement by submitting authorization documents (typically cards)
signed by eligible employees. An authorization document must, at a minimum,
contain the following:
(a) The employee's
name, typed or legibly printed;
(b)
The employee's signature;
(c) The
date of the employee's signature;
(d) A statement that the employee designates
the named labor organization as the employee's exclusive representative for
purposes of collective bargaining with the employee's employer (if applicable);
and
(e) A statement that the
employee understands how the authorization document may be used. The statement
must be consistent with the type of petition being filed. Model language for
card check petitions is provided below, in section (4) of this rule.
(3) An authorization document must
be signed and dated within the 180-day period before the petition is
filed.
(4)
(a) The Board has developed the following
model language that may be used for the showing of interest for a card check
petition (to certify a new bargaining unit or to add unrepresented employees to
an existing unit):
I designate [name of labor organization] as the exclusive
bargaining representative for the purposes of collective bargaining with [name
of employer]. I understand that my signature may be used to obtain
certification of the above-named labor organization as the exclusive bargaining
representative, without an election.
[Employee Name] [Employee Signature] [Date Signed]
(b) The authorization document may
use different language than subsection (4)(a) of this rule, but the document
must include the same information for the authorization to be valid.
(5)
(a) When authorization cards are used for the
showing of interest, the petitioner should arrange the cards alphabetically by
last name. Authorizations that do not substantially comply with this rule will
not be counted.
(b) The Board will
accept electronic copies of showings of interest with a petition as sufficient
to initiate the Board's processes, but petitioners must provide original
documents to the Board within ten (10) days of the filing of the
petition.
(6)
(a) The showing of interest submitted under
these rules will not be furnished to any of the parties except the party that
filed the showing of interest, which may examine cards or petitions when
signatures are deemed invalid.
(b)
The showing of interest will be destroyed when the file is closed unless the
party filing the showing of interest requests that its showing of interest be
returned. The Board will return the original showing of interest to a
petitioner upon request if the petition is withdrawn.
Notes
Or. Admin. Code §
115-025-0021
ERB
1-2021, adopt filed 01/07/2021, effective
1/7/2021;
ERB
1-2023, temporary amend filed 08/29/2023, effective
8/29/2023 through 2/24/2024;
ERB
2-2023, amend filed 11/29/2023, effective
1/1/2024
Statutory/Other Authority: ORS
240.086(3)
& 243.766(7)
Statutes/Other Implemented: ORS
240
