Chapter 833
AN ACT
HB 2891
Relating to certification of labor
organization by the Employment Relations Board; creating new provisions;
amending ORS 243.682 and 243.692; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 243.682 is amended to read:
243.682. (1) If a question of representation exists, the Employment
Relations Board shall:
[(1)] (a) Upon application of a public employer, public
employee or a labor organization, designate the appropriate bargaining unit,
and in making its determination shall consider such factors as community of
interest, wages, hours and other working conditions of the employees involved,
the history of collective bargaining, and the desires of the employees. The
board may determine a unit to be the appropriate unit in a particular case even
though some other unit might also be appropriate.
[(2)] (b) Investigate and conduct a hearing on a petition
that has been filed by:
[(a)] (A) A labor organization
alleging that 30 percent of the employees in an appropriate bargaining unit
desire to be represented for collective bargaining by an exclusive
representative;
[(b)] (B) A labor organization alleging that 30 percent of
the employees in an appropriate bargaining unit assert that the designated
exclusive representative is no longer the representative of the majority of the
employees in the unit;
[(c)] (C) A public employer alleging that one or more labor
organizations has presented a claim to the public
employer requesting recognition as the exclusive representative in an
appropriate bargaining unit; or
[(d)] (D) An employee or group of
employees alleging that 30 percent of the employees assert that the designated
exclusive representative is no longer the representative of the majority of
employees in the unit.
(2)(a)
Notwithstanding subsection (1) of this section, when an employee, group of
employees or labor organization acting on behalf of the employees files a
petition alleging that a majority of employees in a unit appropriate for the
purpose of collective bargaining wish to be represented by a labor organization
for that purpose, the board shall investigate the petition. If the board finds
that a majority of the employees in a unit appropriate for bargaining have
signed authorizations designating the labor organization specified in the
petition as the employees’ bargaining representative and that no other labor
organization is currently certified or recognized as the exclusive
representative of any of the employees in the unit, the board may not conduct
an election but shall certify the labor organization as the exclusive
representative unless a petition for a representation election is filed as
provided in subsection (3) of this section.
(b) The board by rule shall
develop guidelines and procedures for the designation by employees of a
bargaining representative in the manner described in paragraph (a) of this
subsection. The guidelines and procedures must include:
(A) Model collective
bargaining authorization language that may be used for purposes of making the
designations described in paragraph (a) of this subsection;
(B) Procedures to be
used by the board to establish the authenticity of signed authorizations
designating bargaining representatives;
(C) Procedures to be
used by the board to notify affected employees of the filing of a petition
requesting certification under subsection (3) of this section;
(D) Procedures for
filing a petition to request a representation election, including a timeline of
not more than 14 days after notice has been delivered to the affected employees
of a petition filed under paragraph (a) of this subsection; and
(E) Procedures for
expedited resolution of any dispute about the scope of the appropriate
bargaining unit. The resolution of the dispute may occur after an election is
conducted.
(c) Solicitation and
rescission of a signed authorization designating bargaining representatives are
subject to the provisions of ORS 243.672.
(3)(a) Notwithstanding
subsection (2) of this section, when a petition requesting certification has
been filed under subsection (2) of this section, an employee or a group of
employees in the unit designated by the petition may file a petition with the
board to request that a representation election be conducted.
(b) The petition
requesting a representation election must be supported by at least 30 percent
of the employees in the bargaining unit designated by the petition.
(c) The representation
election shall be conducted on-site or by mail not later than 45 days after the
date on which the petition was filed.
[(3)] (4) Except as provided in ORS 243.692, if the board
finds in a hearing conducted pursuant to subsection [(2)] (1)(b) of this section that a
question of representation exists, [it]
the board shall conduct an election by secret ballot, at a time and
place convenient for the employees of the jurisdiction and also within a
reasonable period of time after the filing has taken place, and certify the
results [thereof] of the election.
SECTION 2. ORS 243.692 is amended to read:
243.692. (1) No election
shall be conducted under ORS 243.682 [(3)]
(4) in any appropriate bargaining unit within which during the preceding
12-month period an election was held, nor during the term of any lawful
collective bargaining agreement between a public employer and an employee
representative. However, a contract with a term of more than three years shall
be a bar for only the first three years of its term.
(2) Notwithstanding
subsection (1) of this section, the Employment Relations Board shall rule that
a contract will not be given the effect of barring an election if it finds
that:
(a) Unusual
circumstances exist under which the contract is no longer a stabilizing force;
and
(b) An election should
be held to restore stability to the representation of employees in the unit.
(3) A petition for an
election where a contract exists must be filed not more than 90 calendar days
and not less than 60 calendar days before the end of the contract period. If
the contract is for more than three years, a petition for election may be filed
any time after three years from the effective date of the contract.
SECTION 3. The amendments to ORS 243.682 by section 1
of this 2007 Act apply only to conduct to obtain certification of a labor
organization occurring on or after the effective date of this 2007 Act.
SECTION 4. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor July 27, 2007
Filed in the office of Secretary of State July 27, 2007
Effective date July 27, 2007
__________