1 Employment Relations Board of The
EMPLOYMENT RELATIONS BOARD OF THE STATE OF OREGON Case No. RC-001-21 (REPRESENTATION) IBEW LOCAL 89, ) ) Petitioner, ) ) RULINGS, v. ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW, OREGON LEGISLATIVE ASSEMBLY, ) AND INTERIM ORDER ) DIRECTING AN ELECTION Respondent. ) ) Daniel Hutzenbiler, Attorney at Law, McKanna Bishop Joffe, LLP, Portland, Oregon represented Petitioner. Tessa M. Sugahara, Attorney in Charge, and Jonathan Groux, Senior Assistant Attorney General, Oregon Department of Justice, represented Respondent. __________________________________ On January 13, 2021, Petitioner IBEW Local 89 (Petitioner or Union) filed a petition under ORS 243.682(2) and current OAR 115-025-0031(1)1 to request an election for the following bargaining unit comprised of the following classifications: “Legislative Assistant I, Legislative Assistant II, Legislative Assistant III, and Legislative Assistant IV supporting elected officials in the Oregon Legislative Assembly, excluding supervisory, managerial, confidential, and caucus employees.” 1Effective January 7, 2021, the Board’s Division 25 rules were modified. 1 On February 4, 2021, Respondent Oregon Legislative Assembly (Branch or Respondent)2 filed objections to the petition on multiple grounds. Because the petition sought to create a new bargaining unit of unrepresented employees, the matter was expedited under OAR 115-025-0065(1)(c) and assigned to Administrative Law Judge (ALJ) Jennifer Kaufman, who conducted a hearing on February 25, 2021. Pursuant to OAR 115-025-0065(7), the parties submitted post-hearing briefs on March 4, 2021. The matter was then transferred to the Board for the issuance of an order. See OAR 115-025-0065(2). The issues are (1) whether the petitioned-for employees are excluded from the coverage of the Public Employee Collective Bargaining Act (PECBA); (2) whether the proposed bargaining unit is an appropriate bargaining unit; and (3) whether the petitioned-for employees are excluded on a classification-wide basis as confidential, managerial, or supervisory employees.
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