75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session
Enrolled
Senate Bill 989
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Commerce and Workforce Development)
CHAPTER ................
AN ACT
Relating to collective bargaining elections for faculty of
certain universities; amending ORS 243.686; and declaring an
emergency.
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
Enrolled Senate Bill 989 (SB 989-INTRO) Page 1
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.
SECTION 2. { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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Passed by Senate February 12, 2010
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House February 23, 2010
...........................................................
Speaker of House
Enrolled Senate Bill 989 (SB 989-INTRO) Page 2
Received by Governor:
......M.,............., 2010
Approved:
......M.,............., 2010
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2010
...........................................................
Secretary of State
Enrolled Senate Bill 989 (SB 989-INTRO) Page 3