Or. Admin. Code § 115-025-0061 - Request for Election Instead of Card Check

(1) After a card check petition (to certify a new bargaining unit or to add employees to an existing bargaining unit) has been filed, an employee or group of employees in the petitioned-for group may file a request for the Board to conduct an election instead of a card check.

(2) The request for an election instead of card check requires a showing of interest of at least thirty percent (30%) of the employees in the proposed new bargaining unit, or at least thirty percent (30%) of the unrepresented employees in the proposed group to be added to an existing bargaining unit. The showing of interest must comply with the requirements of OAR 115-025-0021. Specifically, the showing of interest must contain the employee's name, typed or printed legibly; the employee's signature; the date of the employee's signature; and a statement indicating that the employee requests an election on whether the Board should certify the named labor organization as the exclusive bargaining representative for the employees of the employer, or in the case of a unit clarification petition, that the employee requests an election on whether the group of unrepresented employees should be added to the existing bargaining unit.

(3) When determining the sufficiency of the showing of interest for an election request, the Board will use the same list of eligible employees that it used to check the showing of interest for the underlying petition.

(4) The request for an election must be filed within fourteen (14) days from the date of the notice posted under OAR 115-025-0060.

(5) If the Board determines that the requirements for a request for an election instead of card check have been met, the Board will conduct an election, according to the rules set forth in OAR 115-025-0066 through 115-025-0076.

(a) The election shall be completed within forty-five (45) days from the date that a valid request for an election was filed.

(b) All employees in the bargaining unit designated in the petition for certification without an election or all employees designated to be added to the existing bargaining unit in the petition for unit clarification without an election shall be eligible to vote. The two choices on the ballot shall be no representation, or the labor organization named in the petition for certification or unit clarification without an election.

Notes

Or. Admin. Code § 115-025-0061

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