75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2601
 
                         House Bill 2703
 
Sponsored by COMMITTEE ON BUSINESS AND LABOR
 
 
                             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.
 
  Eliminates requirement that both issue of representation by
labor organization and issue of designation of organization as
exclusive representative be placed on ballot for representation
elections for faculty of certain universities.
 
                        A BILL FOR AN ACT
Relating to collective bargaining elections for faculty of
  certain universities; amending ORS 243.686.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 243.686 is amended to read:
  243.686. (1) The Employment Relations Board shall place on the
ballot only those labor organizations designated to be placed on
the ballot by more than 10 percent of the employees in an
appropriate bargaining unit.
  (2) The ballot shall contain a provision for marking no
representation.
  (3) The board shall determine who is eligible to vote in the
election and require the employer to provide a complete list of
all such eligible persons, their names, addresses and job
classifications to each candidate organization on the ballot at
least 20 days before the election is to occur.
  (4) The labor organization which receives the majority of the
votes cast in an election shall be certified by the board as the
exclusive representative.
  (5) In any election where there are more than two choices on
the ballot and none of the choices receives a majority of the
votes cast, a runoff election shall be conducted. The ballot in
the runoff election shall contain the two choices on the original
ballot that received the largest number of votes.
    { - (6)(a) In conducting an election involving the faculty of
a university administered by the State Board of Higher Education,
the Employment Relations Board shall place on the same ballot
provisions for voting on two issues: - }
    { - (A) For or against representation; and - }
    { - (B) For those labor organizations designated to be placed
on the ballot by more than 10 percent of the employees in an
appropriate bargaining unit. - }
    { - (b) If a majority of votes in paragraph (a)(A) of this
subsection are cast in favor of no representation, the board
shall not count the votes cast for labor organizations and shall
certify no representative for the unit. - }
    { - (c) If a majority of votes in paragraph (a)(A) of this
subsection are cast in favor of representation, the board shall
count the votes in paragraph (a)(B) of this subsection for the
designated labor organizations and, if an organization receives a
majority of those votes cast, shall certify that organization as
the exclusive representative. If no labor organization receives a
majority of the votes cast in paragraph (a)(B) of this
subsection, a runoff election shall be conducted. The ballot in
the runoff election shall contain only the two labor
organizations that received the largest number of votes. - }
    { - (7) - }   { + (6) + } Nothing in this section is intended
to prohibit the waiving of hearings by stipulation for the
purpose of a consent election, in conformity with the rules of
the board.
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