Oregon Statutes 663.025 – Filing of representation petition; investigation; hearing; election
(1) A petition may be filed with the Employment Relations Board, in accordance with regulations prescribed by the board:
Terms Used In Oregon Statutes 663.025
- Board: means the Employment Relations Board. See Oregon Statutes 663.005
- Employee: includes any employee, and is not limited to the employees of a particular employer unless this chapter explicitly states otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, a current labor dispute and who has not obtained any other regular and substantially equivalent employment, but does not include an individual:
(a) Employed in agricultural labor as defined in ORS § 657. 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) By an employee or group of employees, or any individual or labor organization acting in their behalf, alleging that a substantial number of employees:
(A) Wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in ORS § 663.015; or
(B) Assert that the individual or labor organization that has been certified or is being currently recognized by their employer as the bargaining representative is no longer a representative as defined in ORS § 663.015; or
(b) By an employer, alleging that one or more individuals or labor organizations have presented to the employer a claim to be recognized as the representative defined in ORS § 663.015.
(2) The board shall investigate the petition and if, upon the basis of its findings, the board has reasonable cause to believe that a question of representation exists, it shall provide for an appropriate hearing before the board itself, a member thereof or its agent appointed for that purpose. Written notice of the hearing shall be mailed by certified mail to the parties named in the petition not less than seven days before the hearing. If the board finds upon the record of the hearing that a question of representation exists, it shall conduct an election by secret ballot marked at the place of election and certify the results thereof.
(3) In determining whether or not a question of representation exists, the same regulations and rules of decision apply irrespective of the identity of the persons filing the petition or the kind of relief sought.
(4) Nothing in this chapter prohibits the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the board. [Formerly 662.555; 1975 c.147 § 13; 2003 c.14 § 409]