Or. Admin. Code § 115-065-0000

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

Section 115-065-0000 - Deauthorization

(1) Petition:

(a) A petition to rescind the provision in the bargaining agreement between a private employer and a labor organization requiring as a condition of employment membership in such labor organization may be filed by an employee or group of employees. The petition must be accompanied by a statement signed by 40 percent or more of the employees in the bargaining unit stating that they desire to rescind the union security agreement;

(b) Such petition shall be filed in writing with the Board on a form provided by the Board and shall be filed with the Board;

(c) Upon receipt of the petition, the Board or its agent shall serve a copy thereof upon the parties disclosed in the petition.

(2) Contents of Petition: The petition shall contain:

(a) A statement that 40 percent or more of the employees in a bargaining unit desire to rescind the union security provisions between their employer and the labor organization;

(b) The name, address and telephone number of the establishment;

(c) The name, address and telephone numbers of the employers' representatives;

(d) The general nature of the employer's business;

(e) A description of the bargaining unit involved;

(f) The name, address and telephone number of the labor organization representing the employees;

(g) The number of employees in the bargaining unit;

(h) The date of execution and expiration of the bargaining agreement in effect covering the unit involved. If possible, include a copy of the agreement with the petition;

(i) The name and address of the person designated to accept service of documents for petitioners;

(j) Any other relevant facts;

(k) Signed by petitioner(s) with his/her address and telephone number; and

(l) If filed with the National Labor Relations Board, what action, if any, was taken.

(3) Election:

(a) Directed Election. After investigating the petition and upon an appropriate showing that 40 percent or more of the employees in the bargaining unit desire to rescind the union security provision, the Board shall direct a secret ballot election;

(b) Election Notices. Notices of election shall be furnished by the Board agent to the employer for posting. Such notices shall set forth the details and procedures for the election, a definition of eligible voters and the date(s), hour(s) and place(s) of the election and shall contain a sample ballot;

(c) Eligibility to Vote. Employees eligible to vote in an election will be bargaining unit members employed on the date of the election and who were employed on a payroll date specified by the Board;

(d) List of Eligible Voters. The public employer shall submit an alphabetical list of eligible voters, their names, addresses and job classifications to the labor organization and to this Board at least ten days before the election;

(e) Dismissal of Petition. In the event of dismissal of the petition for deauthorization, the petitioner may, within 14 days from date of service of the dismissal, request reconsideration of such action by the Board. This request shall contain a complete statement setting forth the facts and reasons upon which the request is based;

(f) Election Procedures. To the extent not inconsistent herewith, election procedures provided in these rules for representation elections in private employment shall be applicable. However, nothing in these rules shall be construed to afford the parties either a pre-election objection period or a pre-election hearing as a matter of right. The Board, in its discretion, may set such a hearing if its investigation reveals that a hearing is necessary under the circumstances of the case;

(g) Certification of Results of Election. If no objections are filed within the time set forth above and if the challenged ballots are insufficient in number to affect the results of the election, the Board or its agent shall certify the results of the election to the parties. If a majority of the votes cast in the election do not favor the fair share agreement, the Board shall certify deauthorization. If a majority of the votes cast favor continuation of the fair share agreement, the Board shall so certify;

(h) Election Bar. No election shall be conducted pursuant to this section in a bargaining unit or a subdivision within which, in the preceding 12 months, a valid election has been held.

Or. Admin. Code § 115-065-0000

ERB 1-1980, f. & ef. 1-9-80; ERB 3-1998, f. & cert. ef. 1-26-98

Stat. Auth.: ORS 243

Stats. Implemented: ORS 663.035