74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to HB 2891
 
LC 1864/HB 2891-2
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2891
 
                    By COMMITTEE ON COMMERCE
 
                             June 7
 
  On page 1 of the printed bill, line 3, delete 'and' and after
'243.682' insert 'and 243.692; and declaring an emergency'.
  On page 2, line 6, after 'representative' insert 'unless a
petition for a representation election is filed as provided in
subsection (3) of this section'.
  In line 11, delete 'and'.
  In line 13, delete the period and insert a semicolon.
  After line 13, insert:
  ' (C) Procedures to be used by the board to notify affected
employees of the filing of a petition requesting certification
under subsection (3) of this section;
  ' (D) Procedures for filing a petition to request a
representation election, including a timeline of not more than 14
days after notice has been delivered to the affected employees of
a petition filed under paragraph (a) of this subsection; and
  ' (E) Procedures for expedited resolution of any dispute about
the scope of the appropriate bargaining unit. The resolution of
the dispute may occur after an election is conducted.
  ' (c) Solicitation and rescission of a signed authorization
designating bargaining representatives are subject to the
provisions of ORS 243.672.
  ' (3)(a) Notwithstanding subsection (2) of this section, when a
petition requesting certification has been filed under subsection
(2) of this section, an employee or a group of employees in the
unit designated by the petition may file a petition with the
board to request that a representation election be conducted.
  ' (b) The petition requesting a representation election must be
supported by at least 30 percent of the employees in the
bargaining unit designated by the petition.
  ' (c) The representation election shall be conducted on-site or
by mail not later than 45 days after the date on which the
petition was filed.'.
  In line 14, delete '(3)' and insert '(4)'.
  After line 18, insert:
  '  { +  SECTION 2. + } ORS 243.692 is amended to read:
  ' 243.692. (1) No election shall be conducted under ORS 243.682
 { - (3) - }   { + (4) + } in any appropriate bargaining unit
within which during the preceding 12-month period an election was
held, nor during the term of any lawful collective bargaining
agreement between a public employer and an employee
representative. However, a contract with a term of more than
three years shall be a bar for only the first three years of its
term.
  ' (2) Notwithstanding subsection (1) of this section, the
Employment Relations Board shall rule that a contract will not be
given the effect of barring an election if it finds that:
  ' (a) Unusual circumstances exist under which the contract is
no longer a stabilizing force; and
  ' (b) An election should be held to restore stability to the
representation of employees in the unit.
  ' (3) A petition for an election where a contract exists must
be filed not more than 90 calendar days and not less than 60
calendar days before the end of the contract period. If the
contract is for more than three years, a petition for election
may be filed any time after three years from the effective date
of the contract.'.
  In line 19, delete '2' and insert '3'.
  After line 21, insert:
  '  { +  SECTION 4. + }  { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect on its passage. + } ' .
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