74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1864
 
                         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)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires Employment Relations Board to certify labor
organization as exclusive representative of employees if board
finds that majority of employees in unit appropriate for
bargaining have signed authorizations designating labor
organization specified in petition as employees' bargaining
representative and that no other labor organization is currently
certified or recognized as exclusive representative of employees
in unit. Requires board to develop guidelines and procedures for
such designation by employees of bargaining representative.
 
                        A BILL FOR AN ACT
Relating to certification of labor organization by the Employment
  Relations Board; creating new provisions; and amending ORS
  243.682.
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
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.
  (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; and
  (B) Procedures to be used by the board to establish the
authenticity of signed authorizations designating bargaining
representatives. + }
  (3) 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.  { + 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. + }
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