Or. Admin. Code § 115-060-0055

Current through Register Vol. 63, No. 10, October 1, 2024

Section 115-060-0055 - Election Procedures

(1) Eligibility to Vote. Private employees eligible to vote in an election will be those employed on the date of the election and who were employed on a payroll date agreed upon by the parties or on a date specified by the Board. The Board may, at its discretion, include as eligible voters seasonal employees, employees on layoff, or other employees who have reasonable expectations of continued employment.

(2) List of Eligible Voters. The private employer shall submit an alphabetical list of eligible voters, their names, addresses and job classifications to each labor organization which will appear on the ballot and to the Board at least ten days before the date of the on-site election or ten days before the date set for the Board to mail out ballots in a mail ballot election unless otherwise expressly agreed by the parties.

(3) Disclaimer. A labor organization may request in writing to have its name removed from the ballot disclaiming any representation interest for the employees in the unit. Such disclaimer must be filed not less than ten days before the date of the election. When a disclaimer is filed and accepted after a consent agreement for an election is signed or after an election is ordered, the Board will not entertain a petition filed by the disclaiming organization for the bargaining unit for a period of six months from acceptance of the disclaimer.

(4) Voting. Voting shall be by secret ballot with an opportunity to vote for any one of the candidates on the ballot or for no representation. The election shall be conducted on site or it may be conducted by mail. For purposes of scheduling an election by mail, the date on which ballots are to be returned shall be the date of the election. The choice on the ballot receiving the majority of valid votes cast shall be adjudged the winner. If there are only two choices on the ballot in an initial election or runoff election and the balloting results in a tie vote, the Board Agent shall certify that no representative has been chosen. These provisions apply to all representation elections.

(5) Runoff Election. In any representation election where there are more than two choices on the ballot and none of the choices receive a majority of the valid votes cast, a runoff election shall be conducted. The ballot in a runoff election shall contain the two choices on the original ballot that received the largest number of votes. Employees eligible to vote in the original election and who are still employees on the date of the runoff election shall be eligible to vote.

(6) Observers. Any party may be represented at the polling place(s) by observers of its own selection except that employer observers cannot be supervisors of employees involved in the election. Labor organization observers must be eligible voters. The number and the function of the observers shall be determined by the Board Agent conducting the election.

(7) Challenged Ballots. Any party or the Board Agent may challenge, for good cause, the eligibility of any person to participate in the election. The ballots of such challenged persons shall be impounded.

(8) Tally of Ballots. Upon the conclusion of the ballot count, the Board Agent shall furnish the parties a tally of ballots in person or by mail. The tally shall be deemed furnished on the day of the ballot count.

(9) Objections to Conduct of Election or Conduct Affecting the Results of the Election. Within ten days after the tally of ballots has been furnished, any party of record may file with the Board an original and one copy of objections to the conduct of the election or conduct affecting the results of the election, which shall contain a clear and concise statement of the reasons therefor. Such filings must be timely whether or not the challenged ballots are sufficient in number to affect the results of the election. Failure to comply with this subsection shall be grounds for dismissal of the objections. Copies of such objections shall be served simultaneously on the other parties by the party filing them, and a statement of service shall be provided to the Board.

(10) Certification of Representative or Results of Election. If no objections are filed within ten days; and, if the challenged ballots are insufficient in number to affect the results of the election, the Board Agent shall forthwith issue to the parties a certification of the results of the election, including certification of representative, where appropriate.

(11) Resolution of Objections and Challenged Ballots. When timely objections are filed or where the challenged ballots are sufficient in number to affect the results of the election, the Board Agent shall conduct an investigation and shall, when appropriate, issue a notice of hearing designating a Board Agent to hear the matters alleged and to issue a report and recommendations. The objecting or challenging party shall bear the burden of proof and of going forward in the hearing. If the Board Agent exercised a challenge because the voter's name was not on the list of eligible voters, the party seeking to have the vote counted shall have the burden of proof and the burden of going forward. The findings and recommendations shall be brought before the Board in the manner provided in these rules for all other Board Agent findings and recommendations.

Or. Admin. Code § 115-060-0055

ERB 1-1980, f. & ef. 1-9-80; ERB 12-1985, f. 10-29-85, ef. 10-31-85

Stat. Auth.: ORS 240 & ORS 243

Stats. Implemented: ORS 663.030