Oregon Statutes 663.020 – Determination of appropriate unit for purposes of collective bargaining
(1) The Employment Relations Board shall decide in each case whether the unit appropriate for the purposes of collective bargaining is the employer unit, craft unit, plant unit, or subdivision thereof. However, the board shall not decide that:
Terms Used In Oregon Statutes 663.020
- Board: means the Employment Relations Board. See Oregon Statutes 663.005
- Employer: includes any person acting as an agent of an employer, directly or indirectly, but does not include:
(a) The United States or any wholly owned government corporation, or any Federal Reserve Bank. See Oregon Statutes 663.005
- Labor organization: means an organization of any kind, or an agency or an employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work. See Oregon Statutes 663.005
- Representative: includes an individual or labor organization. See Oregon Statutes 663.005
(a) A unit is appropriate for such purposes if the unit includes both professional employees and employees who are not professional employees, unless a majority of the professional employees vote for inclusion in the unit;
(b) A craft unit is inappropriate for such purposes on the ground that a different unit has been established by a prior determination of the board unless a majority of the employees in the proposed craft unit vote against separate representation; or
(c) A unit is appropriate for such purposes if it includes, together with other employees, an individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer’s premises. However, no labor organization shall be certified as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards.
(2) In determining whether a unit is appropriate for the purposes specified in subsection (1) of this section, the extent to which the employees have organized is not controlling. [Formerly 662.545]