justicedao/ipfs_state_laws huggingface dataset:
115-025-0073 Ballot Count Procedures (1) Counting of Ballots. The Board Agent conducting the election will notify the parties of the date of the ballot count and advise the parties that they are entitled to be represented at the count. Upon the conclusion of the ballot count, the Board Agent will, on that same date, furnish the parties with a tally of ballots. (2) Challenged Ballots: (a) When there is good cause to question the eligibility of an individual to cast a ballot, a party to the election or the Board Agent may challenge the eligibility of the individual to participate in the election. Challenges may be made before or at the ballot counts. (A) Challenges submitted before the ballot count must be in writing, supported by a statement describing the challenge, and provided to the other parties to the election. (B) At the ballot count, challenges may be made orally before any ballots are opened. (b) Challenged ballots will be impounded until eligibility is resolved. Successfully challenged ballots will not be opened and counted. (c) The parties may resolve any challenged ballot(s) at the time of the ballot count. Challenges will not be resolved by the Board when the number of challenges will not affect the outcome of the election. (d) When the number of challenged ballots is sufficient to affect the results of the election, the Board Agent will conduct an investigation and, when appropriate, will issue a notice of hearing. (A) The dispute will be processed under the rules described in OAR 115-035-0060(5). (B) The challenging party will bear the burden of proof and of going forward in the hearing. (C) If the Board Agent exercised a challenge because the voter's name was not on the list of eligible voters, the party seeking to have the vote counted will have the burden of proof of eligibility and the burden of going forward. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021
115-025-0074 Runoff Election A runoff election will be conducted in any representation election where there are more than two choices on the ballot and no choice receives a majority of the valid votes cast. The Board will follow the procedures for conducting an election. The ballot in a runoff election will be the two choices that received the largest number of votes on the original ballot. To be eligible to vote in the runoff election, an employee must have been eligible to vote in the original election and must still be employed on the date of the runoff election. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021
115-025-0075 Election Objections (1) A party to an election may object to the conduct of an election or conduct affecting the results of an election. An individual voter is not a party. Conduct of the election means the manner in which the election was carried out by the Board and its agent(s). Conduct affecting the results of the elections means acts and/or statements by a party that improperly influence the free choice or fairness of the votes. (a) Objections must be filed within ten (10) days after the tally of ballots has been furnished to all parties. When the tally results in a runoff election, the deadline applies for objections to the original election, and for objections in the runoff election. (b) Objections must comply with OAR 115-025-0063. (c) Objections that are untimely filed will be dismissed. (2) When timely objections are filed the Board Agent will conduct an investigation and will, when appropriate, issue a notice of hearing. (a) The dispute will be processed under the rules described in OAR 115-025-0065. (b) The objecting party will bear the burden of proof and of going forward in the hearing. 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
115-025-0076 Certification of Representative or Results of Election If no objections are filed within ten (10) days and any challenged ballots are insufficient in number to affect the results of the election, the Board will issue to the parties a certification of the results of the election, including certification of representative, where appropriate. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2021, adopt filed 01/07/2021, effective 01/07/2021
115-035-0000 Filing an Unfair Labor Practice Complaint (1) Who may file. An injured party may file a complaint, on a form approved by the Board, alleging that a person(s) has engaged in or is engaging in an unfair labor practice as defined in ORS 243.672. (2) Supporting Data. At the time the complaint is filed, the complainant may submit documentary evidence that may be relevant to the issues raised by the complaint. (3) Filing fee. A filing fee of $300 must be paid at the time the complaint is filed. The complaint is not considered filed until the Board has received the filing fee. Complaints that are filed without a filing fee will not be considered. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14 ERB 3-2011, f. 12-28-11, cert. ef. 12-29-11 ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11 ERB 3-1998, f. & cert. ef. 1-26-98 ERB 4-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 2-1995(Temp), f. 7-17-95, cert. ef. 8-1-95 ERB 1-1994, f. 6-23-94, cert. ef. 7-1-94 ERB 1-1980, f. & ef. 1-9-80
115-035-0005 Investigation of Complaint A Board Agent shall investigate the complaint to determine if an issue of fact or law exists that warrants a hearing. Information submitted by a party as part of the investigatory process is confidential. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 8-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-035-0010 Amendment of Complaint (1) At Request of Board Agent. When a complaint appears to raise an issue of fact or law, but such complaint is incomplete by reason of insufficiently detailed allegations or inadvertent omissions, the Board Agent, with notice to all parties, may request that the complainant amend its complaint within ten days of the request. Failure of the complainant to timely amend the complaint without good cause will subject the complaint to dismissal. If the complaint, as amended, does not raise an issue of fact or law that warrants a hearing, it shall be dismissed. (2) Upon Request of Complainant. Complainant may amend the complaint at any time before service of the complaint. Thereafter, an amendment to the complaint may be made only if good cause is shown. If the Board or Board Agent allows the amendment, respondent shall be given a reasonable period of time to amend its answer. Any case severance or consolidation is governed by OAR 115-010-0040(6). Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-035-0015 Withdrawal of Complaint Unless the respondent agrees, a complainant may not withdraw a complaint after issuance of a Recommended Order without a showing of good cause. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 1-1980, f. & ef. 1-9-80
115-035-0020 Dismissal of Complaint If an investigation reveals that no issue of fact or law exists that warrants a hearing, the Board may dismiss the complaint. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1980, f. & ef. 1-9-80
115-035-0030 Service of Notice and Complaint If a question of fact or law exists that warrants a hearing, the Board shall serve a notice of hearing and (if not provided previously) a copy of the complaint on the respondent(s). Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1991, f. 11-21-91, cert. ef. 12-1-91 ERB 1-1980, f. & ef. 1-9-80
115-035-0035 Answer to Complaint (1) Answer. A respondent shall have 14 days from date of service of the complaint in which to file an answer. All allegations in the complaint not denied by the answer, unless the respondent states in the answer that it is without knowledge, shall be deemed to be admitted to be true and shall be so found by the Board, unless good cause to the contrary is shown. Complainant shall be required to establish a prima facie case. The answer will be deemed sufficient if it generally denies all allegations of the complaint. Respondent’s answer shall specifically admit any undisputed allegations and shall set forth any affirmative defenses. (2) Supporting Data. At the time that the answer is filed, the respondent shall either submit a written statement setting forth its version of the relevant facts, or include such information in the body of the answer. This information shall include individuals involved (by name or initials), dates and places, together with any documentary evidence that may be relevant to the issues raised by the complaint or by the answer, including available information in support of any affirmative defenses. (3) Amendments. A respondent may amend its answer with the approval of the Board Agent. If an amendment is allowed, complainant shall be given a reasonable period of time to amend its complaint. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14 ERB 3-2011, f. 12-28-11, cert. ef. 12-29-11 ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11 ERB 3-2007, f. 12-17-07, cert. ef. 12-26-07 ERB 1-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 12-27-07 ERB 1-2000, f. & cert. ef. 12-1-00 ERB 3-1998, f. & cert. ef. 1-26-98 ERB 4-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 2-1995(Temp), f. 7-17-95, cert. ef. 8-1-95 ERB 8-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-035-0040 Notice of Hearings, Conduct of Hearings, and Post-Hearing Procedures Unless the context requires otherwise, OAR 115-010-0040 through 115-010-0110 apply to cases under this Division. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14 ERB 8-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-035-0057 Attorney Fees For Appeals Pursuant to ORS 243.676(2)(e), the Board will award attorney fees, if any, to the prevailing party on an appeal of a Board Order, in the amount of $5,000. The Board may award an amount in excess of $5,000 subject to all of the following: (1) An award of attorney fees on appeal shall not exceed $5,000, unless a civil penalty is awarded in the Board proceeding and not reversed by the court. (2) Petitions for attorney fees must be filed with the Board within 21 days of the date of the appellate judgment. The petition shall include a statement of the amount of the costs requested, along with a description of the actual amount of the fees incurred by the petitioner or, where no fees were charged, the basis for the greater amount of costs requested. (3) Any objection to the petition shall be filed within 14 days of the date of service of the petition. A party objecting to costs based on excessive time spent must submit a supporting statement describing the amount of time spent on the case by the objecting party. A party objecting to costs based on an excessive hourly rate must submit a supporting statement identifying the hourly rate and total costs incurred by the objecting party. (4) The prevailing party is the party designated as such in the appellate judgment issued by the Court of Appeals or the Supreme Court following the ultimate appellate decision regarding a particular case. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 2-2025, amend filed 05/27/2025, effective 07/01/2025 ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14 ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 2-1989, f. 11-28-89, cert. ef. 12-4-89 ERB 1-1989(Temp), f. 6-15-89 & cert. ef. 6-23-89 ERB 8-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1984, f. & ef. 4-11-84 ERB 2-1983(Temp), f. 9-30-83, ef. 10-15-83
115-035-0070 Consent Orders Before the issuance of a final order, the Board may approve a consent order submitted by the parties to a contested case in which all factual, legal and remedial issues have been settled. The consent order submitted by the parties must contain a statement of the case and a recitation of the complete agreement of the parties. If the parties do not submit an agreement regarding representation costs, the Board will award representation costs consistent with OAR 115-035-0055. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 8-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1984, f. & ef. 4-11-84 ERB 2-1983(Temp), f. 9-30-83, ef. 10-15-83 ERB 1-1983, f. 2-16-83, ef. 2-25-83 ERB 3-1982(Temp), f. & ef. 8-19-82
115-035-0075 Civil Penalty; Fee Reimbursement Any request for civil penalty under ORS 243.676(4) or for reimbursement of a filing fee under ORS 243.672(6) must be included in a party’s complaint or answer. The request must include a statement as to why a civil penalty or filing-fee reimbursement is appropriate, with a clear and concise statement of the facts alleged in support of the statement. A party may move to amend its complaint or answer to request a civil penalty or reimbursement of a filing fee at any time before the evidentiary hearing concludes. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 1-2025, minor correction filed 04/21/2025, effective 04/21/2025 ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 4-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 2-1995(Temp), f. 7-17-95, cert. ef. 8-1-95 ERB 1-1984, f. & ef. 4-11-84 ERB 2-1983(Temp), f. 9-30-83, ef. 10-15-83
115-040-0005 Conciliation Service Fees (1) When mediation concerns negotiations over the terms of a collective bargaining agreement, the Board will charge a fee for mediation services, subject to ORS 240.610. (2) When mediation concerns a grievance arising under a collective bargaining agreement, a local public employer and an exclusive representative each will be charged $250 per session. (3) When mediation concerns a pending unfair labor practice complaint, a local public employer and an exclusive representative each will be charged $250 per mediation session. (4) Training: Fees for training under ORS 240.610 shall be $2,500 for two-day training programs, $1,500 for one-day refresher training, and $700 for half-day training programs. The fees for facilitations and related travel time shall be $60 per hour. (5) Billing: For mediation services, parties will be billed when the first mediation session occurs. For training, parties will be billed when the training session occurs, with the employer and exclusive representative sharing equally the costs unless the parties agree otherwise. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 3-2011, f. 12-28-11, cert. ef. 12-29-11 ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11 ERB 3-2007, f. 12-17-07, cert. ef. 12-26-07 ERB 1-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 12-27-07 ERB 5-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 1-1995(Temp), f. 6-26-95, cert. ef. 7-1-95
115-040-0010 Factfinding Where the parties to a labor dispute jointly petition the Board to appoint a factfinder within 30 days after the mediator makes public their final offers, the State Conciliator shall acknowledge in writing the request, and factfinding shall occur using the process set forth in ORS 243.722. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2000, f. & cert. ef. 12-1-00 ERB 4-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 2-1995(Temp), f. 7-17-95, cert. ef. 8-1-95 ERB 2-1993, f. & cert. ef. 12-15-93 ERB 2-1989, f. 11-28-89, cert. ef. 12-4-89 ERB 11-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82 ERB 1-1980, f. & ef. 1-9-80
115-040-0017 Interest Arbitration Enforcement Pursuant to ORS 243.752, a party alleging that another party is refusing or failing to comply with an interest arbitration award may seek enforcement of the award by filing an unfair labor practice complaint with the Board charging a violation of 243.672(1)(f) or (2)(c). The Board generally will hold an expedited hearing on the matter, if requested to do so, under the procedures provided by OAR 115-035-0060. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1984, f. & ef. 4-11-84 ERB 2-1983(Temp), f. 9-30-83, ef. 10-15-83
115-040-0018 Notice of Intent to Strike The exclusive representative shall send notice of intent to strike to the Board and the employer by certified mail. The notice shall state the reasons for the intent to strike including the unresolved bargaining issues. The Board and the employer must receive the certified notice ten days before the first date of the strike. However, the Board will not declare a strike unlawful when the exclusive representative has entrusted the notice to the postal service for certified mailing at such time that timely delivery could reasonably be expected, provided that both the Board and the employer have actually received written notice of intent to strike at least ten days before the strike begins. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-1998, f. & cert. ef. 1-26-98 ERB 11-1985, f. 10-29-85, ef. 10-31-85
115-040-0020 Petition to Declare a Strike Unlawful When it is alleged in good faith by a public employer that a labor organization representing a group of its employees has declared or authorized a strike by such employees and that such strike is or would be in violation of ORS 243.726 or 243.732, the employer may petition the Board for a declaration that the strike is or would be unlawful. The petition shall contain a detailed statement of the facts on which petitioner bases its request for a declaration of an unlawful strike. A copy of the petition shall be served upon the labor organization that is alleged to have declared or authorized the unlawful strike and proof of service shall be provided to the Board. Upon receipt of such a petition, the Board shall either dismiss the petition or set it for a hearing before the Board. If a hearing is held, it will be conducted like an unfair labor practice proceeding, and the Board will expedite processing of the petition to attempt to issue a decision before the strike begins. Notice of the hearing shall be by personal service or certified mail, and shall be personally served or mailed at least seven days before the date of the hearing, unless the parties, with the approval of the Board, otherwise agree. The Board shall issue its decision within seven days of the close of the hearing on the petition. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-1998, f. & cert. ef. 1-26-98 ERB 5-1980, f. 10-14-80, ef. 10-17-80 ERB 1-1980, f. & ef. 1-9-80
115-040-0032 Lists of Arbitrators or Factfinders (1) When, pursuant to statute (including ORS 342.934(7) and ORS 342.905(10)), or at the request of a party, the State Conciliator submits a list of arbitrators or factfinders to the parties to a dispute, the names on the list shall be drawn at random from the panel described in OAR 115-040-0030. However, the State Conciliator will attempt to comply with a joint request of the parties to restrict the list in any of the following ways: (a) Only arbitrators who are listed on the labor arbitration panel of the American Arbitration Association; (b) Only arbitrators who are Oregon residents; (c) Only arbitrators who are Oregon or Washington residents; (d) Only arbitrators who charge from the Oregon border; or (e) Only arbitrators who have issued at least two factfinding recommendations under ORS 243.722 or at least one interest arbitration award under ORS 243.752, if the dispute at issue is to be resolved through interest arbitration. (2) Parties may jointly request a second list of arbitrators or factfinders. A second list will consist of names drawn at random from the panel without regard to any restrictions requested by the parties. (3) Financial or Personal Interest of Arbitrator. No person shall serve as an arbitrator in any arbitration proceeding in which the arbitrator has any financial or personal interest in the result of the arbitration, unless the parties, in writing, waive such disqualification; (4) Disclosure by Arbitrator. Before accepting an appointment, the prospective arbitrator shall disclose any circumstances likely to create a presumption of bias or which he/she believes might disqualify him/her as an impartial arbitrator. Upon receipt of such information, the Board shall immediately disclose it to the parties. If either party declines to waive the presumptive disqualifications, the vacancy thus created shall be filled in the same manner as that governing the making of the original appointment. (5) Vacancies. If any arbitrator should resign, die, withdraw, refuse or be unable to, or be disqualified to perform the duties of his/her appointment, the Board shall, upon satisfactory proof, declare the appointment vacant. Vacancies shall be filled in the same manner as that governing the original appointment, and the matter shall be reheard by the new arbitrator, unless the parties mutually agree to a different procedure. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2000, f. & cert. ef. 12-1-00 ERB 3-1998, f. & cert. ef. 1-26-98 ERB 2-1989, f. 11-28-89, cert. ef. 12-4-89