October 2002
Q & A #4
ERB's Proposed Order
- Next Steps
On October 7, 2002, the University received Vickie Stilley-Cowan's
Recommended Rulings, Findings of Fact, Conclusions of Law and Proposed
Order regarding the make-up of a faculty bargaining unit. Ms. Stilley-Cowan
was the Administrative Law Judge who presided over the representation
petition hearing on August 15, 2002.
The following is a set of questions and answers that provide
information about the Recommended Rulings and Proposed Order, potential
next steps, and collective bargaining in general.
What is the ALJ's proposed order?
The ALJ's proposed order recommends that the defined bargaining
unit be:
All regular full-time and part-time employees of Eastern
Oregon University working as librarians and teaching faculty holding ranks
including Professor, Associate Professor, Assistant Professor, and Instructor,
excluding those employees represented in another bargaining unit, those
who teach exclusively noncredit courses, those employed exclusively by
the Department of Distance Education or Summer Session and supervisors
and casual employees as defined by the PECBA.
(Note: PECBA is the Public Employees Collective Bargaining
Act, ORS 243.650-782.)
Why is the ALJ's order "proposed"
vs. final?
The order is proposed because the parties in this case
(AFT and EOU) have 14 days from the date the Proposed Order was served
to file objections with the Employment Relations Board (ERB). The ALJ
issued the Proposed Order on Friday, October 4, 2002, which means the
deadline for filing objections is Friday, October 18, 2002. If no objections
are filed, the ALJ's proposed order becomes final.
Will EOU file objections to the
proposed order?
EOU Administration and the Chancellor's Office are reviewing
the proposed order and are in the process of deciding whether to file
objections.
If objections are filed, what is the process
for resolving them?
Under ERB rule OAR 115-10-090, ERB would conduct a hearing
in which both parties would be allowed to make oral arguments on their
respective position on the make-up of the bargaining unit. Afterwards,
ERB would issue a decision on the bargaining unit.
How will I know if any objections are
filed on the ALJ proposed order?
EOU Administration will keep you informed of what transpires
regarding the proposed order. Information will be available on EOU's web
page (www.eou.edu) at President Creighton's link. You should also feel
free to contact President Creighton, or any member of EOU's Administration.
Once the order is final - either now
or after objections - does that mean an election will be conducted?
Pending the outcome of any objections and a final determination
on the bargaining unit, ERB would conduct a secret mail ballot election
for eligible employees. The outcome of the election would determine whether
eligible employees elect representation by the Associated Academic Professionals
(AAP), AFT, AFL-CIO or no representation.
Once an election date is set, and I
am eligible vote, does it matter if I vote?
If you are eligible to vote, it is very important that
you exercise this right and take advantage of the opportunity to determine
the outcome of the election. In previous Q&A's you were informed that,
according to ERB rules, "The choice on the ballot receiving the majority
of valid votes cast shall be adjudged the winner." [OAR 115-25-060(4)]
In other words, the majority of those voting will determine
the results for the entire unit.
If eligible employees vote in
favor of representation, what happens next?
If employees elect representation by the Associated Academic
Professionals (AAP), AFT, AFL-CIO, ERB would certify the union as the
exclusive representative of employees in the bargaining unit, for the
purposes of collective bargaining over employment relations defined as
"matters concerning direct or indirect monetary benefits, hours,
vacations, sick leave, grievance procedures and other conditions of employment"
[ORS 243.650(7(a)].
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