74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2891
Sponsored by Representative SCHAUFLER; Representatives CLEM, C
EDWARDS, GREENLICK, HOLVEY, HUNT, MERKLEY, RILEY, ROSENBAUM,
SHIELDS, WITT, Senators AVAKIAN, BROWN, MONROE, MORRISETTE,
WALKER, WESTLUND (at the request of Oregon AFL-CIO)
CHAPTER ................
AN ACT
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 Oregon:
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
Enrolled House Bill 2891 (HB 2891-A) Page 1
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
Enrolled House Bill 2891 (HB 2891-A) Page 2
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. + }
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Passed by House April 18, 2007
Repassed by House June 18, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 11, 2007
...........................................................
President of Senate
Enrolled House Bill 2891 (HB 2891-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2891 (HB 2891-A) Page 4