Or. Educ. Ass'n v. Linn-Benton Cmty. Coll., Case No. UC-001-21

Decision Date09 February 2021
Docket NumberCase No. UC-001-21
PartiesOREGON EDUCATION ASSOCIATION / LINN-BENTON COMMUNITY COLLEGE PART-TIME FACULTY ASSOCIATION, Petitioners, v. LINN-BENTON COMMUNITY COLLEGE, Respondent.
CourtOregon Employee Relations Board

(UNIT CLARIFICATION)

ORDER AMENDING CERTIFICATION/RECOGNITION OF EXCLUSIVE BARGAINING REPRESENTATIVE

On January 11, 2021, the Oregon Education Association (OEA) filed a petition under OAR 115-025-0050(11) (former 115-025-0008)1 to amend the certification/recognition of the Linn-Benton Community College Part-Time Faculty Association (Association) at Linn-Benton Community College (LBCC). Specifically, the petition requested that the certification/recognition be amended to reflect the Association's affiliation with OEA.

With its petition, OEA provided additional documentation establishing the following:

The Association's Executive Committee voted on August 20, 2020, to approve affiliation with OEA, subject to a secret-ballot vote of the members of the Association.

Over the month of October 2020, the Association sent multiple emails to the bargaining unit regarding the decision of the Association's Executive Committee to pursue affiliation with OEA. These emails included information on the process of voting on whether to approve of the affiliation. The emails also included documents relating to the affiliation and to the benefits and costs of membership in OEA.

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On October 13, 15, and 20, 2020, the Association's officers conducted meetings on Zoom that were open to bargaining unit faculty to explain the decision by the Association's Executive Committee to pursue affiliation with OEA and the process of voting on the question of affiliation.

Over the period of October 26 through 30, 2020, the Association conducted an online secret-ballot election of Association members to determine whether to approve affiliating with the OEA. 75 members voted for the affiliation and two voted against.

On October 30, 2020, the Association membership approved the affiliation.

On January 12, 2021, the Board's Election Coordinator provided LBCC with the petition and caused a notice of petition for amendment of certification to be posted. Pursuant to the terms of the notice posting, objections to the petition were due by February 8, 2021. No objections were filed. We conclude that the affiliation vote was conducted in compliance with at least minimal due process requirements and that a majority of votes cast by the bargaining unit members...

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