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Oregon Revised Statutes

Or. Rev. Stat. § 243.686 (2026)

Representation elections; ballot form; determining organization to be certified; consent elections

✓ current as of May 2026
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      243.686 Representation elections; ballot form; determining organization to be certified; consent elections. (1) The Employment Relations Board shall place on the ballot only those labor organizations designated to be placed on the ballot by more than 10 percent of the employees in an appropriate bargaining unit.

      (2) The ballot shall contain a provision for marking no representation.

      (3) The board shall determine who is eligible to vote in the election and require the employer to provide a complete list of all such eligible persons, their names, addresses and job classifications to each candidate organization on the ballot at least 20 days before the election is to occur.

      (4) The labor organization which receives the majority of the votes cast in an election shall be certified by the board as the exclusive representative.

      (5) In any election where there are more than two choices on the ballot and none of the choices receives a majority of the votes cast, a runoff election shall be conducted. The ballot in the runoff election shall contain the two choices on the original ballot that received the largest number of votes.

      (6) Nothing in this section is intended to prohibit the waiving of hearings by stipulation for the purpose of a consent election, in conformity with the rules of the board. [1973 c.536 §8; 1983 c.83 §27; 1997 c.11 §4; 2010 c.22 §1]

Notes of Decisions
Cited in 12 cases, 1975–2008 · leading case: Oregon Coll. of Educ. Fed'n of Teachers v. Emp. Relations Bd., 562 P.2d 552 (Or. Ct. App. 1977).
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Oregon Coll. of Educ. Fed'n of Teachers v. Emp. Relations Bd., 562 P.2d 552 (Or. Ct. App. 1977). · cites it 5× “” ORS 243.686, which sets forth procedures for representation elections, was enacted to effectuate that purpose by providing a fair, orderly and expeditious means of determining representation.”
Welches Sch. Dist. No. 13 v. Welches Educ. Ass'n, 842 P.2d 437 (Or. Ct. App. 1992). · cites it 2× “682 provides, in part: “(3) [If] a question of representation exists, [the board] shall conduct an election by secret ballot, at a time and place convenient for the employees * * District asserts that neither that provision nor ORS 243.686 5 authorized ERB to conduct a…”
Willamin a Sch. Dist. 30J v. Willamina Educ. Ass'n, 655 P.2d 189 (Or. Ct. App. 1982). “666(3) provides: “Nothing in this section prevents a public employer from recognizing a labor organization which represents at least a majority of employes as the exclusive representative of the employes of a public employer when the board has not designated the appropriate…”
Lent v. Emp. Relations Bd., 664 P.2d 1110 (Or. Ct. App. 1983). “Defendant OPEU has filed a representation petition with defendant ERB seeking selection pursuant to ORS 243.686 as exclusive bargaining agent for certain state court system employes who are subject to the administrative authority of the plaintiff.”
Port of Portland v. Mun. Employees, Local 483, 556 P.2d 692 (Or. Ct. App. 1976). “The majority sentiment must be determined by an election, ORS 243.686, under procedures established by the Employment Relations Board, ORS 243.”
Chamberlain v. Myers, 189 P.3d 6 (Or. 2008). “” ORS 243.686(4). By contrast, the measure provides that “a majority of the subject employees” must vote to be represented by a union before the employees can be required to be represented by the union and share representation costs.”
Linn-Benton-Lincoln Educ. Ass'n/OEA/NEA v. Linn-Benton-Lincoln ESD, 954 P.2d 815 (Or. Ct. App. 1998). · cites it 4× “” A “unit clarification election” was then conducted under ERB’s auspices, ORS 243.686, with a majority favoring representation by Union.”
Oregon State Employes Ass'n v. Dep't of Com., 579 P.2d 872 (Or. Ct. App. 1978). “’ [£ ?cORS 243.686(2).] It seems apparent that the Legislature contemplated that the employes should be allowed to make an informed and secret choice at the polls.”
Nance v. Oregon State Sys. of Higher Educ., 543 P.2d 687 (Or. Ct. App. 1975). “tioner relies provide: “Nothing in this section prevents a public employer from recognizing a labor organization which represents at least a majority of employes as the exclusive representative of the employes of a public employer when the board has not designated the…”
City of Portland Eng'g Employees Ass'n v. City of Portland, 608 P.2d 183 (Or. Ct. App. 1980). “682(3) for conducting a representation election under ORS 243.686. The Code of the City of Portland, Oregon (City Code), ch 4.”
Oregon Ass'n of Classified Employees/NEA v. Eagle Point Sch. Dist. No. 9, 782 P.2d 432 (Or. Ct. App. 1989). “) In addition, ORS 243.686(7) and OAR 115-25-040 permit the parties to waive a hearing by stipulation and consent to an election.”
Oregon Pub. Employees Union v. State Corr. Dep't, 839 P.2d 276 (Or. Ct. App. 1992). “666(3): “Nothing in this section prevents a public employer from recognizing a labor organization which represents at least a majority of employees as the exclusive representative of the employees of a public employer when the board has not designated the appropriate bargaining…”
— Or. Rev. Stat. § 243.686(2) — 1 case
Oregon State Employes Ass'n v. Dep't of Com., 579 P.2d 872 (Or. Ct. App. 1978). “’ [£ ?cORS 243.686(2).] It seems apparent that the Legislature contemplated that the employes should be allowed to make an informed and secret choice at the polls.”
— Or. Rev. Stat. § 243.686(4) — 2 cases
Chamberlain v. Myers, 189 P.3d 6 (Or. 2008). “” ORS 243.686(4). By contrast, the measure provides that “a majority of the subject employees” must vote to be represented by a union before the employees can be required to be represented by the union and share representation costs.”
Linn-Benton-Lincoln Educ. Ass'n/OEA/NEA v. Linn-Benton-Lincoln ESD, 954 P.2d 815 (Or. Ct. App. 1998). “” A “unit clarification election” was then conducted under ERB’s auspices, ORS 243.686, with a majority favoring representation by Union.”
— Or. Rev. Stat. § 243.686(6) — 1 case
Oregon Coll. of Educ. Fed'n of Teachers v. Emp. Relations Bd., 562 P.2d 552 (Or. Ct. App. 1977). “” ORS 243.686, which sets forth procedures for representation elections, was enacted to effectuate that purpose by providing a fair, orderly and expeditious means of determining representation.”
— Or. Rev. Stat. § 243.686(6)(c) — 1 case
Oregon Coll. of Educ. Fed'n of Teachers v. Emp. Relations Bd., 562 P.2d 552 (Or. Ct. App. 1977). “” ORS 243.686, which sets forth procedures for representation elections, was enacted to effectuate that purpose by providing a fair, orderly and expeditious means of determining representation.”
— Or. Rev. Stat. § 243.686(7) — 1 case
Oregon Ass'n of Classified Employees/NEA v. Eagle Point Sch. Dist. No. 9, 782 P.2d 432 (Or. Ct. App. 1989). “) In addition, ORS 243.686(7) and OAR 115-25-040 permit the parties to waive a hearing by stipulation and consent to an election.”
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