Public Employee Deauthorization Of Fair Share Agreement

Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015








(1) Petition:
(a) A petition to rescind a fair share agreement in the collective bargaining agreement between a public employee and a labor organization may be filed by an employee or group of employees. The petition must be accompanied by a statement signed by 30 percent or more of the employees in the bargaining unit stating that they desire to rescind the fair share agreement. To be valid, signatures must be obtained after the subject collective bargaining agreement is enforceable under ORS 243.672(1)(h) and (2)(e);
(b) The petition must be filed not more than 90 days after the collective bargaining agreement is executed and only one such election shall be conducted in a bargaining unit during the term of a collective bargaining agreement;
(c) Such petition shall be filed in writing with the Board on a form provided by the Board;
(d) 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) The date of execution of the bargaining agreement. If possible, include a copy of the agreement with the petition;
(b) A statement that 30 percent or more of the employees in the bargaining unit desire to rescind the fair share agreement between the public employer and the labor organization;
(c) The name and address of the public employer;
(d) The name, address and telephone number of the employer's representative;
(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 name and address of the person designated to accept service of documents for petitioners;
(i) Any other relevant facts; and
(j) The signature of the petitioner.
(3) Withdrawal or Dismissal of Petition:
(a) Withdrawal. A petitioner may withdraw its petition with approval of the Board;
(b) Dismissal of Petition. If the Board determines after an investigation that the petition has not been timely or properly filed, it may request the petitioner to withdraw the petition, or in the absence of such withdrawal it may dismiss the petition. In the event of dismissal of the petition for deauthorization, the petitioner may, within 14 days from the 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.
(4) Election:
(a) Directed Election. After investigating the petition and determining that 30 percent or more of the employees in the bargaining unit desire to rescind the fair share agreement, the Board shall direct a secret ballot election;
(b) Election Notices. Notices of election shall be furnished by the Board Agent to the public 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. The public employer shall promptly post such notices in areas granting maximum access to affected employees;
(c) Eligibility to Vote. Employees eligible to vote in an election will be bargaining unit members employed on the date of the election who were employed on a payroll date specified by the Board. The Board may include as eligible voters other employees who have reasonable expectation of continued employment including but not limited to seasonal employees or employees on layoff;
(d) List of Eligible Voters. The public employer shall submit an alphabetical list of eligible voters, their names, home addresses and job classifications to the labor organization(s), petitioner and to this Board at least 20 days before the election;
(e) Election Procedures. To the extent not inconsistent herewith, election procedures provided in these rules for representation elections, including the period for filing objections, shall be applicable. However, nothing in these rules shall be construed to afford the parties a hearing prior to the election as a matter of right. The Board may, in its discretion, set such a hearing if its investigation reveals that a hearing is necessary under the circumstances of the case;
(f) Post Election Hearings. When objections are filed or where the challenged ballots are sufficient in number to affect the results of the election, the Board shall conduct an investigation and shall, where 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 regarding all matters alleged in its objections to the conduct of the election or conduct affecting the results of the election. 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.
(5) 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.
Stat. Auth.: ORS 243

Stats. Implemented: ORS 243.650(10)

Hist.: ERB 1-1980, f. & ef. 1-9-80; ERB 7-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1988, f. & cert. ef. 4-25-88

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