Or. Admin. Code § 115-025-0062 - Request to Intervene in an Election
(1) Request to Intervene after the Filing of
an Election Petition by Another Party. A labor organization may file a request
to intervene in an election petition filed by another party (including a
petition for certification by election, a petition for unit clarification by
election, and a petition to change or decertify a representative) if a
sufficient number of employees in the affected bargaining unit wish to be
represented by the intervening labor organization. The intervening labor
organization seeks to be a choice on the election ballot.
(2) Showing of Interest. The intervention
request must be supported by a showing of interest of at least ten percent
(10%) of employees in the petitioned-for unit. The showing of interest document
must comply with OAR 115-025-0021 (showing of interest requirements), including
by indicating that the signer wishes to be represented by the labor
organization named in the intervention request.
(3) The intervention request must be filed
within fourteen (14) days of the notice of the initial petition.
(4) A request to intervene may propose a
bargaining unit different from that sought by the petitioner, but that still
includes some of the employees in the bargaining unit proposed by the
petitioner in the initial petition. In such cases:
(a) The intervention request must be
supported by a showing of interest of at least thirty percent (30%) of
employees in the different proposed unit. The employees must clearly state in
their showing of interest that they wish to be represented by the labor
organization named in the intervention request.
(b) The intervention request must be filed
within fourteen (14) days of the notice of the initial petition.
(c) If the intervenor's proposed unit or a
major part of it is currently represented, the certified or recognized labor
organization that is the exclusive representative will be included as a party
in interest in any hearing on the petition and will be included on the ballot
in any resulting election, unless it files a disclaimer pursuant to OAR
115-025-0072(1)(f).
Notes
Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 243
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