June 5, 2002
Q & A #1
Union
Representation and Election Processes
Employment Relations Board
On May 23, 2002, the American Federation of Teachers (AFT)
filed a petition with the Employment Relations Board (ERB), requesting
an election to determine if faculty at EOU want to be represented by AFT
in collective bargaining with the University over direct and indirect
monetary benefits (e.g. salary and insurance), hours, vacation leave,
sick leave and other conditions of employment. Member of the AFT Organizing
Committee also asked EOU to voluntarily accept AFT as the faculty's bargaining
agent, without having an election. The OUS and EOU declined this request.
The following is the first in a series of questions and
answers intended to provide you with information about union representation
and election processes. This information is also available on EOU's website
at www.eou.edu/president/representation/representation.html.
What is the Employment Relations Board?
The Employment Relations Board (ERB) consists of three
members who are appointed by the Governor and vested with the authority
to enforce the provisions of Oregon's Public Employee Relations Act (PECBA)
by adopting rules and procedures to resolve issues over union representation,
remedy charges of unfair labor practices, and assist employers and unions
in resolving differences.
What is ERB's role in representation
and election processes?
Under PECBA, public employees have the right to "form,
join and participate in the activities of labor organizations of their
own choosing for the purpose of representation and collective bargaining"
with a public employer. To enact and enforce this provision, ERB has adopted
procedural rules that describe the criteria and procedures for processing
requests for union representation which includes the filing of petitions,
conducting hearings, determining the makeup of a bargaining unit, and
overseeing the election process from start to finish.
How does a union begin the representation process
and where does it lead?
To initiate the representation process, a union must demonstrate
that it has at least 30% support from employees who would be included
in a proposed bargaining unit. This is called a "showing of interest,"
which may be substantiated by the union obtaining (1) signed authorization
cards, or (2) a signed petition. The authorization card or petition must
state that the affected employees wish to be represented by the union
for the purpose of collective bargaining. After a "showing of interest"
is established, an employer may voluntarily recognize the union as the
bargaining agent for employees included in the bargaining unit (as approved
by ERB). If there is no voluntary recognition and depending on circumstances,
there may be an election conducted by ERB in which employees have an opportunity
to vote for representation in a secret-ballot election.
What is a "bargaining unit"?
A bargaining unit is a group of employees who have been
certified by the Employment Relations Board to be represented by a union
for collective bargaining over indirect and direct monetary benefits (e.g.
salary and insurance), working conditions and other mandatory subjects
of bargaining. ERB considers a number of factors in determining which
employees should be included in a bargaining unit, such as salary and
similarities in duties, required skills, promotional ladders, and other
working conditions.
Who is in the current proposed
AFT bargaining unit?
The AFT submitted to ERB the following bargaining unit
description: "All regular full-time and part-time employees of Eastern
Oregon University working as librarians and instructional faculty holding
ranks including Professor, Associate Professor, Assistant Professor and
Instructor, excluding those employees represented in another bargaining
unit, those who teach exclusively non-credit courses, those employed exclusively
by the Department of Distance Education or Summer Session and supervisors
and casual employees as defined by the Public Employee Collective Bargaining
Act."
Does EOU and the OUS agree with
AFT's proposed bargaining unit?
No. After AFT filed the petition, ERB sent EOU notices
to post about the request for an election, which also contains a description
of the bargaining unit. Notices were posted June 3. ERB set June 17 as
the date by which any objections to the proposed unit are to be filed.
EOU and the OUS will file objections because AFT's proposed unit lacks
definition. An objection to a unit description is simply that, and should
not be interpreted to mean EOU objects to employees' exercising their
right to seek representation. EOU and the OUS will submit its proposal
for a bargaining unit to ERB. Unless EOU and AFT mutually agree on which
employees should be included in the bargaining unit, ERB will ultimately
determine the unit and whether an election will be held.
Why didn't EOU and the Board of Higher Education
voluntarily recognize AFT as the faculty's bargaining representative?
In the State of Oregon and the Oregon University System,
the authority to voluntarily recognize a union as the bargaining representative
for a group of employees rests with the Board of Higher Education as delegated
to the Chancellor. EOU's leadership, acting on behalf of the Chancellor
and Board, declined voluntary recognition because we believe the faculty
and EOU administration can identify effective methods for working together
collegially and giving faculty a voice in governance without having to
work through a third-party, which is what union representation would require.
EOU also believes that before making a decision on whether or not to support
representation, employees should have the opportunity to fully understand
what union representation means, and should be able to indicate their
preference through ERB's secret-ballot election.
If a faculty member signed an
authorization card or petition, does that obligate the faculty member
to vote for the union if there is an election?
No. Regardless of an employee's decision to sign or not
sign an authorization card, the employee is free to vote in an election,
by secret ballot, either for or against union representation. According
to ERB rules, in an election involving higher education faculty, two issues
appear on the ballot: (1) a vote for or against representation, and (2)
a vote for one of the candidate unions seeking representation, if there
is more than one.
If the Board of Higher Education decided to voluntarily
recognize AFT based solely on the 30% "showing of interest,"
the signatures would have obligated EOU and the Oregon University System
to collective bargaining with AFT - regardless of individual faculty member's
preferences.
If there is an election, when will
it be conducted?
ERB rules outline procedures and time limits for various
steps in representation and election processes. The following is an outline
of time frames as they currently stand. Timelines are subject to change
due to extensions or postponements in accordance to ERB rules.
- May 23, 2002 - AFT files an election petition with ERB
- June 3, 2002 - ERB election notices posted; 14-day objection period
begins
- June 17, 2002 - close of the 14-day objection period
- July 8, 2002 - end of 21-day period during which ERB will conduct a
hearing on objections and resolve which positions are included in the
bargaining unit (timeline subject to change per ERB rules)
After a hearing on the bargaining unit, the ERB hearing
officer will issue a recommended order describing the bargaining unit.
If there are any objections to the recommended order, ERB will hear oral
arguments from both parties, and ultimately define the unit.
What type of election may be
conducted?
ERB rules allow for a mail-in election or an on-site election.
At this time, no decision has been made regarding which type will be used
at EOU.
How is the outcome of the election
decided?
According to ERB rules [115-25-060(4)], "The choice
on the ballot receiving the majority of valid votes cast shall be adjudged
the winner." In other words, the majority of those voting will determine
the results for the entire unit. If there are 100 employees in the unit
and only 24 actually vote, the choice receiving 13 or more votes wins.
If there is a tie, ERB will conclude that representation was not selected.
Since the outcome of an election is decided by the majority of those voting,
it is important for all eligible employees to vote.
How can I find out more about
ERB representation and election procedures?
You can obtain information from ERB's website at www.erb.state.or.us;
the links are "Agency Overview" and "ERB's Oregon Administrative
Rules."
How can I find out more about
unionization and how it may impact EOU and faculty?
President Phil Creighton and members of EOU's administration
will provide you with information about unionization, the impact on our
university, faculty and students, as well where EOU administration stands
on this issue. You can also expect to be given information from AFT as
well throughout the course of the representation/election process. I encourage
you to take time to review available information and seek answers to your
questions, so that in the end you make a well-informed decision. Information
will be available on EOU's website at www.eou.edu/representation/.
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