603-076-0019 Bargaining Council Eligibility and Responsibilities All members of the Bargaining Council shall: (1) Affirm to the department that they meet the requirements for participation in the Bargaining Council and in price negotiations and commit to participating in price negotiations in good faith, as described in OAR 603-076-0005 through 603-076-0021. Bargaining Council participation requirements include, but are not limited to, the following: (a) Cooperative bargaining association (A) A cooperative bargaining association must provide a current and accurate membership list of the grower members who would be bound by the established price. (B) A cooperative bargaining association must provide documentation that grower members of the association produce production contracted seed for a seed dealer participating in price negotiations for that crop year. Documentation may consist of a list of each grower member of the association, and for each such grower member, a list of the seed dealers for whom the member is producing production contracted seed for the current crop year. (C) A cooperative bargaining association may send up to 20 (twenty) representatives to participate as members of the Bargaining Council. (b) Seed dealers (A) Seed dealers must have a current wholesale seed dealers licensed issued by the department that is neither suspended nor revoked. In addition, seed dealers must not owe any licensing fees or civil penalties to the department. (B) Seed dealers must have contracts with growers that are members of the cooperative bargaining association that is participating in negotiations and must provide documentation of such contracts to the department. Documentation may consist of a list of all growers who are producing production contracted seed for the seed dealer for the current crop year. (C) Each seed dealer may send up to 2 (two) representatives to participate as members of the Bargaining Council. (c) A cooperative bargaining association or seed dealer that fails to provide the required documentation to the department by the deadlines described in OAR 603-076-0005 through 603-076-0021, or that provides false or inaccurate documentation, may not participate in price negotiations for the subject year. (2) Develop, provide, and document all information requested by the department. (3) Evaluate all information relevant to the price negotiations to make informed and appropriate decisions. (4) Sign pre-negotiation agreements, as follows: (a) Each individual who is a member of the Bargaining Council shall sign a pre-negotiation agreement prior to participation in any meeting under active supervision by the department. (b) The pre-negotiation agreement shall include, at a minimum, that the signatory to the agreement shall: (A) Negotiate in good faith, considering all relevant information presented, to determine a proposed price to present to the Director. (B) Develop, share, and document all information requested by the department for consideration and deliberation by the Bargaining Council and evaluate such information relevant to the price negotiations to make informed and appropriate decisions. (C) Comply with applicable state laws pertaining to non-discrimination in pricing based on grower membership in a bargaining association (ORS 646.535), payment term requirements (ORS 576.700 to ORS 576.747), open price terms (ORS 72.3050), and any other applicable statutes or regulations. (D) Attest that he or she meets the requirements for participation and commit to actively participating in the negotiation process, understanding that once negotiations are begun, a proposed price must be negotiated by the Bargaining Council and presented to the Director. (E) Not disclose confidential Information from supervised meetings; (F) Attest that he or she understands that state action immunity applies only in an actively supervised context. (5) Continue to attend all meetings that are part of the supervised price negotiations until the Director sets an established price. The Director may excuse attendence for good cause. An individual may request the department’s permission to have another person who represents the same cooperative bargaining association or seed dealer attend a meeting instead of the individual. Statutory/Other Authority: ORS 561.190 & 646.738 Statutes/Other Implemented: 646.738, 62.0115, ORS 646.515, 646.535, 646.736 & 646.740 History: DOA 18-2023, adopt filed 04/28/2023, effective 05/01/2023