justicedao/ipfs_state_laws huggingface dataset:
115-010-0050 Rules of Evidence Except for hearings conducted under the rules for Divisions 60 and 70, the following rules of evidence apply: (1) Evidence of a type commonly relied on by reasonably prudent persons in conduct of their serious affairs shall be admissible. (2) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. (3) All offered evidence, not objected to, may be received by the Board or Board Agent subject to the Board or Board Agent's discretion to exclude irrelevant, immaterial or unduly repetitious matter. (4) Evidence objected to may be received by the Board Agent with rulings on its admissibility or exclusion to be made at the time a Recommended Order is issued. (5) Rights of Party not Answering or Failing to Specifically Deny an Allegation. If the respondent fails to file a timely answer, it will not be allowed to present evidence at the hearing as to the facts alleged, unless it can establish good cause. Respondent will be restricted to making legal arguments. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-010-0055 Subpoenas (1) A subpoena for the attendance of witnesses or for the production of records or other documents may be issued by an attorney of record in the manner and form prescribed by ORS 183.440. (2) On its own motion, the Board or Board Agent may issue such a subpoena. (3) The Board or Board Agent generally will not issue a subpoena on a party’s request, unless the party is not represented by an attorney or the party establishes that it is necessary for the Board to issue the subpoena on the party’s behalf. (4) Subpoenaed witnesses shall receive fees and mileage as prescribed by ORS 44.415 for witnesses in civil proceedings. The fees and mileage shall be paid by the person that asks for the subpoena to be issued. (5) All subpoenas shall be served within a reasonable time before the hearing or date designated for the production of records or documents. (6) Any party desiring to contest a subpoena issued in any hearing of the Board may do so by filing a motion to quash. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2000, f. & cert. ef. 12-1-00 ERB 1-1988, f. & cert. ef. 4-25-88 ERB 4-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82 ERB 1-1980, f. & ef. 1-9-80
115-010-0060 Witnesses (1) All testimony to be considered at a hearing, except matters officially noticed or entered by stipulation, shall be sworn or affirmed. (2) Refusal of a witness to answer any question ruled to be proper shall, in the discretion of the Board or Board Agent, be grounds for excusing the witness or striking any or all testimony given by the witness. (3) A party may not call the opposing party's representative as a witness, unless it shows that such testimony is necessary and will not be cumulative or repetitive. Notice of intention to call the opposing party's representative as a witness, together with a supporting affidavit, must be filed with the Board no later than 14 days before the hearing date. (4) Subsection (3) of this rule does not apply to a party appearing pro se. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-1998, f. & cert. ef. 1-26-98 ERB 1-1994, f. 6-23-94, cert. ef. 7-1-94 ERB 1-1980, f. & ef. 1-9-80
115-010-0065 Depositions The Board or Board Agent may order the taking of depositions for perpetuation of testimony. A request for deposition to perpetuate testimony shall be filed with the Board in a timely manner so that, if ordered, it can be taken in sufficient time to be prepared for use in any hearing scheduled on a complaint or petition, unless all parties agree to a continuance to accomplish same. The request shall set forth the name and address of the witness, materiality of testimony, reasons why perpetuation of such testimony is required, and specify the time that the deposition will be completed. The request shall ask for an order that the testimony of such witness be taken at no expense to the Board, before an officer authorized to administer oaths under state law, and shall set forth the name of such officer, and the time and place for said deposition. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 3-1998, f. & cert. ef. 1-26-98 ERB 1-1980, f. & ef. 1-9-80
115-010-0068 Prehearing Procedures (1) The Board or Board Agent may convene prehearing conferences with the parties' representatives for the purpose of: (a) Scheduling hearing dates, witnesses for hearing and further prehearing conferences; (b) Disposing of pending motions; (c) Formulating and simplifying issues; (d) Discussing settlement of any or all of the issues; (e) Avoiding submission of unnecessary or cumulative exhibits or other evidence; (f) Stipulating to facts; (g) Discussing the need for any special hearing procedures; and (h) Discussing any other matters that may assist in the disposition of the matter. (2) At the discretion of the Board or Board Agent, the prehearing conference may be held by telephone or in person and may be recorded. (3) Each party shall provide a witness list to the other parties and the Board Agent. Each party shall also provide an exhibit list and exhibits to any other party. These documents must be received no later than seven days before the scheduled hearing, unless the Board Agent directs otherwise. (4) A party that fails to comply with prehearing requirements set forth in the rule or ordered by the Board or Board Agent shall be denied the right to offer such evidence or make argument regarding such matter at the hearing unless good cause is shown. (5) The Board or Board Agent may rule before hearing on one or more of the claims or defenses, or a portion of any claim or defense, asserted in a complaint or answer. The Board or Board Agent may defer issuing a proposed order on any such prehearing ruling until after a hearing is held and a Recommended Order is issued on remaining claims or defenses. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14 ERB 2-1993, f. & cert. ef. 12-15-93
115-010-0075 Conduct at Hearing (1) All parties to hearings, their counsel, and spectators shall conduct themselves in a respectful manner. (2) The Board or Board Agent shall record the proceeding. No other recording or transmission of any portion of the proceeding shall be permitted, except that, upon request by a party’s representative and notice at the hearing, the Board will permit parties to the proceeding to audio record the proceeding or portions thereof. (3) Failure to comply with the Board or Board Agent's effort to retain order and decorum or to comply with this rule is grounds for removal from the hearing. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 2-2025, amend filed 05/27/2025, effective 07/01/2025 ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-010-0077 Briefs (1) Following the hearing or the submission of stipulated facts, the Board Agent or Board shall consult with the parties and set a date for the submission of post-hearing briefs. (2) Briefs must contain a summary of pertinent facts and must contain a discussion of all issues the party seeks to have considered. Failure to address disputed claims or defenses during the hearing or brief may be considered a withdrawal and thus such claims or defenses may be disregarded by the Board Agent or Board. (3) Briefs shall be in conformance with the following format: (a) Briefs must be captioned with the Board case title and number. (b) Briefs shall not exceed 30 pages, exclusive of cover pages, tables of contents, tables of authorities, indexes, and certificates of service. The Board Agent or Board has discretion to permit the parties to files pages in excess of 30 pages. Any brief submitted in excess of its permitted length or otherwise in non-conformance may result in all additional pages over the allowed amount being struck from the record and given no consideration. (c) Briefs should be double-spaced, in 12-point Times New Roman or similarly readable font, with one-inch margins on the top, bottom, left, and right. Block quotes may be single-spaced with off-set margins. Footnotes may be in 11-point Times New Roman or similarly readable font and single-spaced. (4) Reply briefs will not be accepted, unless expressly permitted by the Board or Board Agent. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14 ERB 2-1998, f. & cert. ef. 1-26-98 ERB 4-1985, f. 10-29-85, ef. 10-31-85 ERB 4-1980, f. 8-15-80, ef. 8-18-80
115-010-0080 Board Employees as Witnesses A Board employee may not be called and may not appear as a witness in a case before the Board, without approval of the Board. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-010-0085 Recommended Order Unless a majority of the Board hears the case or considers the entire record, the Board Agent shall issue a Recommended Order and serve a copy on each party. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 4-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-010-0090 Objections to Board Agent’s Recommended Order (1) The parties shall have 14 days from the date of service of a Recommended Order to file specific written objections with the Board. Upon good cause shown, the Board may extend the time for filing objections. (2) If one party has filed objections as set forth in subsection (1), but the other party has not, the party that has not objected may file cross-objections within 7 days of the service of the objections. (3) If a party fails to comply with subsections (1) and (2) of this rule, then any objections or cross-objections shall be deemed invalid and disregarded by the Board in making a final determination in the case. (4) If no objections are timely filed, then the Board shall adopt the Recommended Order as the Final Order. (5) Where the Board adopts a Recommended Order under section (4) of this rule, that Final Order is precedential unless the Board determines to make some or all of that Final Order non precedential. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-010-0095 Board Review (1) If timely objections are filed, parties will be given an opportunity to present oral argument to the Board. If a party desires to submit written argument in lieu of oral argument, it must be filed with the Board at least five days before the date set for argument. The written argument shall be typewritten, double-spaced on letter-sized paper, and no more than 30 pages, unless the Board approves a greater page limit. (2) When oral argument is provided, a party may submit a written memorandum in aid of oral argument. Any such written memorandum must be filed with the Board at least five days before the date set for oral argument. Any memorandum shall be typewritten, double-spaced on letter sized paper, and no more than 25 pages, unless the Board approves a greater page limit. The Board may strike any memorandum in aid of oral argument that does not comply with these rules. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-010-0100 Petitions for Reconsideration or Rehearing (1) A party has 14 days from the date of service of a Final Order to petition for reconsideration or rehearing. Any petition for reconsideration or rehearing must specifically state the ground(s) for the petition. A party has 7 days from the date of service of the petition for reconsideration or rehearing to file a response to the petition and/or to file a cross-petition for reconsideration or rehearing. (2) Petition for Rehearing. (a) A petition for rehearing asks the Board to return the matter to the ALJ for the purpose of submitting additional evidence. (b) A petition for rehearing shall be granted only if the petitioner establishes that the petitioner would be unduly prejudiced if the petition was denied. If the basis for the petition is based on previously unavailable evidence, the petitioner must establish that the evidence could not reasonably have been discovered and produced at the hearing. (3) Petition for Reconsideration. (a) A petition for reconsideration asks the Board to reconsider a ruling, finding of fact, or conclusion of law in a Final Order. (b) In a case where a Final Order is issued without a Recommended Order, the Board shall generally grant a party’s request for reconsideration and grant oral argument. (c) In a case where a Final Order is issued following a Recommended Order, a petition for reconsideration should be limited to: (A) A claim of factual error; (B) A claim that there has been a change in the statutes or case law since the issuance of the Final Order that affects the case; or (C) A claim that the Board erred in construing or applying the law. A claim addressing legal and factual issues already argued and addressed in the Final Order is disfavored. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 2-2025, amend filed 05/27/2025, effective 07/01/2025 ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-1998, f. & cert. ef. 1-26-98 ERB 1-1980, f. & ef. 1-9-80
115-010-0103 Amicus Curiae (1) The Board will accept amicus curiae briefs that are received by the Board (and served on all parties) within 21 days after objections to the Recommended Order are filed with the Board, or, when an appellate court has remanded the matter to the Board, within 14 days of the appellate judgment. The Board may extend the filing date at its discretion. (2) An amicus brief must be typewritten with double spacing on letter-sized paper and no more than 20 pages. (3) Amicus curiae shall not be allowed to orally argue the case, unless authorized by the Board. (4) The Board, at its discretion, may invite the filing of amicus curiae briefs. In such circumstances, the Board will set a briefing schedule. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17
115-010-0110 Ex Parte Communications (1) An ex parte communication is an oral or written communication to a Board member or Board Agent concerning a fact at issue in any matter before the Board or Board Agent that is not made in the presence of all parties. (2) If a Board member or Board Agent receives an ex parte communication during the pendency of a matter, the Board member or Board Agent shall: (a) Give all parties notice of the substance of the communication, if oral, or a copy of the communication, if written; and (b) Provide any party that did not make the ex parte communication with an opportunity to respond to the ex parte communication. (3) The mere noting of such ex parte communications in the record will not be considered evidence of the facts in dispute unless otherwise agreed by all parties to the case. The Board or Board Agent shall rely only on the admissible evidence of record in determining the merits of any disputed issue in a case. (4) This rule shall not apply to mediation communications. This rule shall also not apply to matters presented or obtained during preliminary investigation of the petition, complaint, objections, or challenge, made by Board Agents before the service of the notice of hearing in a case, and shall not apply to requests for subpoenas. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 4-1980, f. 8-15-80, ef. 8-18-80
115-020-0000 Method of Review (1) A determination under ORS 243.772 of whether local charters and ordinances conflict with the rights and duties established in ORS 243.650 through 243.809 will be made by the Board only after reviewing and hearing comments on such charters and ordinances at a public meeting. At least ten days public notice of such a meeting shall be given, setting forth the date, time and place of the meeting and the purpose for which it is called. (2) Anyone may petition the Board for a determination under section (1) of this rule. The petition shall state the name of the local government, the full text of the provision in the local charter or ordinance, and the date that the charter or ordinance was adopted. Upon receipt of such a valid petition, the Board shall conduct a public meeting in accordance with section (1) of this rule. Statutory/Other Authority: 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 183.341, 240 & 243 History: ERB 2-2022, minor correction filed 05/12/2022, effective 05/12/2022 ERB 4-2021, minor correction filed 09/27/2021, effective 09/27/2021 ERB 3-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-025-0000 Representation (1) The purpose of these rules is to provide a uniform process for a public employee, group of public employees, labor organization, or public employer to determine whether the public employees of a public employer will be represented by a labor organization for collective bargaining under the Oregon Public Employee Collective Bargaining Act. The rules in this Division apply to the process for obtaining representation, seeking changes in which labor organization serves as the exclusive representative for employees, clarifying or making changes to who is included in a represented group of employees, or for eliminating representation. (2) The General/Policy and Definitions provided in Division 10 apply to all proceedings under these rules. However, because these rules use certain technical terms applied by the Board when it is called upon to make decisions about representation and unit clarification cases, some additional definitions that relate only to these representation rules are included below in OAR 115-025-0005. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08 ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08 ERB 1-2000, f. & cert. ef. 12-1-00 ERB 3-1998, f. & cert. ef. 1-26-98 ERB 6-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82 ERB 1-1981(Temp), f. 8-6-81, ef. 8-10-81 ERB 1-1980, f. & ef. 1-9-80
115-025-0010 General Requirements for Filing Representation Petitions All representation-related petitions must be filed in writing with the Board on a form approved by the Board. The Board or Board Agent will send a copy of the petition to the parties named in the petition. The Petitioner must check the box that describes the purpose of the petition and provide the information requested in the form. The Petitioner must sign and date the form. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 3-2014, f. 8-25-14, cert. ef. 9-10-14 ERB 1-2014(Temp), f. & cert. ef. 3-14-14 thru 9-10-14 ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08 ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08 ERB 1-2000, f. & cert. ef. 12-1-00 ERB 6-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-025-0020 Appropriate Unit (1) Petitions to create a new bargaining unit or to change an existing unit must include a description of the proposed unit. The proposed unit must be an appropriate unit for collective bargaining. The proposed unit does not need to be the most appropriate unit. (2) Subject to ORS 243.650(1), 243.650(19) and 243.682(1)(a), a bargaining unit may consist of all of the employees of the employer, or any department, division, section or area, or any part or combination thereof, if found to be appropriate by the Board. (3) When considering whether a proposed bargaining unit is appropriate, among the things the Board considers are community of interest (e.g., similarities of duties, skills and benefits; interchange or transfer of employees; promotional ladders; common supervision; etc.); wages, hours and other working conditions of the employees involved; the history of collective bargaining; and the desires of the employees. (4) Questions concerning public employee status will not be decided in proceedings to determine the appropriate bargaining unit for a representation matter, unless the representation matter cannot be certified without the resolution of such questions. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08 ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08 ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91 ERB 6-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-025-0025 Petitions to Certify a New Bargaining Unit (by Card Check or Election) (1) A representation petition may be filed to certify a new bargaining unit. The petition may request that the Board determine whether a majority of the employees in the proposed bargaining unit desire representation by the designated representative by conducting a card check (see OAR 115-025-0030) or an election (see OAR 115-025-0031). Public employees or a labor organization may file a petition for certification by card check or an election. A public employer may file a petition to certify an exclusive representative by election, under the circumstances set forth in OAR 115-025-0031(2). (2) A petition to certify a new bargaining unit (by card check or election) must not propose a unit that includes employees who are in a bargaining unit that is represented by another labor organization at the time the petition is filed. (3) A petition to certify a new bargaining unit is subject to the “election bar” under Board rules. See OAR 115-025-0015(3). (4) Voluntary Recognition. Nothing in the Board's rules is intended to prevent an employer from voluntarily recognizing a labor organization pursuant to ORS 243.666(3). If an employer agrees to voluntarily recognize a labor organization as the exclusive representative of a group of its employees, the labor organization is not required to file a petition for certification. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, amend filed 01/07/2021, effective 01/07/2021 ERB 13-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2008, f. 3-12-08, cert. ef. 3-17-08 ERB 4-2007, f. 12-17-07, cert. ef. 1-1-08 ERB 2-2007(Temp), f. 7-20-07, cert. ef. 7-23-07 thru 1-15-08 ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91 ERB 1-1980, f. & ef. 1-9-80