Oregon Cases March 13, 2020: Gresham Police Officers Ass'n v. City of Gresham

Case Description

(UNIT CLARIFICATION)

ORDER TRANSFERRING POSITION TO ANOTHER BARGAINING UNIT

On January 15, 2020, Gresham Police Officers Association filed a unit clarification petition under OAR 115-025-0005(6) and OAR 115-025-0010(4) to transfer the position of Body Worn Camera Technician from representation by Teamsters Local 223 to representation by Gresham Police Officers Association. The eligible employee in the position signed a valid authorization card designating Gresham Police Officers Association as the bargaining representative. OAR 115-025-0005(6)(a).

On January 21, 2020, the Board's Election Coordinator caused a notice of the petition to be posted at the City of Gresham (City) by January 24, 2020. OAR 115-025-0010(4); OAR 115-025-0030(3). Pursuant to the terms of the notice posting, OAR 115-025-0030(1), objections to the transfer were due within 14 days of the date of the notice posting ( i . e ., by February 7, 2020). No objections were filed.

Thereafter, the parties entered into a consent election agreement for a self-determination election. OAR 115-025-0005(6)(c). A notice of election was furnished to the City. OAR 115-025-0055(1). Pursuant to the consent election agreement, the Election Coordinator sent a ballot to the eligible voter on February 14, 2020. One valid ballot was returned by the deadline of February 28, 2020, which constitutes the date of the

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election. OAR 115-025-0060(4)(c). The two choices on the ballot were (1) representation by Gresham Police Officers Association; or (2) representation by Teamsters Local 223. A tally of ballots was held on March 2, 2020, and the valid vote counted was cast for Gresham Police Officers Association. The tally of ballots was provided to the parties on March 2, 2020.

Objections to the conduct of the election (or conduct affecting the results of the election) were due within ten days of furnishing the ballot tally to the parties ( i . e ., by March 12, 2020). OAR 115-025-0060(9). No objections were filed.

Accordingly, the result of the election is certified, and the petition to transfer the position of Body Worn Camera Technician to the bargaining unit represented by Gresham Police Officers Association is granted.

DATED: March 13, 2020.

/s/ _________
Adam L. Rhynard, Chair

/s/ _________
Lisa M. Umscheid, Member

/s/ _________
Jennifer Sung, Member

This Order may be appealed pursuant to ORS 183.482.