Or. Admin. Code § 115-025-0063

Current through Register Vol. 63, No. 12, December 1, 2024

Section 115-025-0063 - Objections to a Petition

(1) Objecting to a Petition. An affected employee or a party, including an intervenor, may file an objection regarding a petition to certify an exclusive representative, a petition to change or decertify an exclusive representative, or a unit clarification petition (except for a petition to amend or modify an existing certification or recognition filed under OAR 115-025-0050(11), or a petition to revoke certification or recognition filed under OAR 115-025-0050(12)).

(2) Filing of Objections. When a party objects to a petition submitted under these rules, it will serve a copy of the objections at the same time on the petitioner and all known interested parties, and provide the Board with proof of service.

(3) Objections must contain a clear and concise statement of the legal and factual reasons for the objections. For example, if a party files objections asserting that a proposed bargaining unit is not appropriate, the party must explain why the unit is not appropriate and provide a summary of the factual basis for those assertions. A simple assertion that the unit is not appropriate is insufficient.

(4) The Board may dismiss without hearing any objections that do not meet these requirements. Further, the Board may dismiss objections without a hearing when, even assuming that the facts alleged by the objecting party are true, the asserted basis for the objections would not be sufficient to sustain the objection. Before the Board dismisses objections without a hearing, it shall provide the objecting party two (2) days to submit additional information in support of its objections.

(5) Objections that are not dismissed will be subject to the expedited hearings process under OAR 115-025-0065(2).

(6) Objections to a petition must be filed within fourteen (14) days of the date of the notice posted pursuant to OAR 115-025-0060.

(7) If a hearing is necessary to resolve objections to a petition, the hearing process may be expedited as provided for in OAR 115-025-0065(2). The Board may conduct an election before resolving objections to the petition. If the Board does so, the Board may delay counting the ballots until all objections are resolved.

Or. Admin. Code § 115-025-0063

ERB 1-2021, adopt filed 01/07/2021, effective 1/7/2021

Statutory/Other Authority: ORS 240.086(3) & 243.766(7)

Statutes/Other Implemented: ORS 243