August 9, 2002
Q & A #3
Unit Determination
On August 15, 2002, beginning at 9:00 a.m., the Employment
Relations Board will conduct a hearing to determine the appropriate faculty
bargaining unit and eligible voters in the union representation election.
The hearing will be held in Room 309 in the Hoke Center, Eastern Oregon
University, and it is open to the public. Vicky Stilley-Cowan, Administrative
Law Judge, will preside.
The following is a set of questions and answers that provide
information about unit determination, the hearing, and what happens after
the hearing. This Q & A and others are available on EOU's website
at www.eou.edu/president/representation.
What is a bargaining unit?
A bargaining unit is made up of employees in an organization
or any department, division, section or area within the organization who
the Employment Relations Board (ERB) determines are appropriate to be
represented by a union for the purposes of bargaining collectively over
wages, hours, benefits and working conditions.
What is a unit determination
hearing?
When a union files a petition with ERB, it is required
to submit a description of the proposed bargaining unit. ERB notifies
the employer when a petition is filed, and the employer has fourteen (14)
days to file an objection to the proposed bargaining unit. In order to
resolve any dispute over which employees should be included in the bargaining
unit, ERB conducts what is known as a "unit determination hearing,"
which is conducted by an Administrative Law Judge (ALJ). The ALJ issues
a recommended order describing the bargaining unit.
Is the ALJ's recommended order final?
Yes, if there are no objections. However, if the union
and/or the employer objects to the ALJ's recommended order, the matter
is referred to the three board members who make up the Employment Relations
Board. They review all the issues regarding the proposed unit and make
a final decision.
What are the issues in the unit determination
hearing at EOU?
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."
EOU objected to AFT's proposed unit because it lacked
any definition of the word "regular" in describing full and
part time teaching faculty, and it did not define "casual" in
describing excluded employees. Furthermore, EOU questioned whether librarians
should be included in the bargaining unit.
Can't EOU and AFT agree on a
bargaining unit without going to a hearing?
Yes, AFT and EOU can agree on a bargaining unit and not
have a hearing. This is called a "Consent Election Agreement"
under ERB rule 115-25-040.
When will EOU's faculty know
the outcome of the hearing?
ERB's rules on hearings do not state a specific deadline
for the Administrative Law Judge's recommendation, so at this time it
is difficult to project when the outcome will be known.
What happens after the unit has
been finalized?
When a bargaining unit is determined, ERB will conduct
a unit determination election. Elections may be conducted on site with
designated voting locations, or they may be conducted by mail-in ballot.
When an election date has been set, ERB will send EOU notices with detailed
information about the election to post on campus. You can also check the
EOU web page.
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 vote. In previous Q&A's you were informed that,
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.
How can I keep informed about the unit
determination and election procedures?
You can keep informed about the unit determination and
election procedures by checking the President's web page on EOU's web
site at www.eou.edu. You can also email President Creighton or contact
any of the member of EOU's senior administration.
[Return to the Representation
homepage]
[Return to the Q&A
homepage]
|
