justicedao/ipfs_state_laws huggingface dataset:
115-040-0034 Appoint Arbitrator for Arbitration proceedings under ORS 243.706(3) (1) When a party submits a request for the Board to appoint an arbitrator under ORS 243.706(3), the Board shall randomly appoint an arbitrator from the panel described in OAR 115-040-0030 and as follows: (a) To qualify for appointment under this rule, the arbitrator must have issued an award in at least one public sector discipline or discharge case (by the time of selection). An arbitrator may opt out of being included on the random appointment list under this rule by notifying the Board. (b) An arbitrator selected from this list must agree to bill only for travel costs and travel time incurred within the borders of Oregon. (c) Within five (5) business days of selection, the randomly selected arbitrator will either: (A) Submit to the Board up to five (5) but no fewer than one (1) of their awards or decisions in public sector discipline or discharge cases, preferably involving cases between law enforcement employers and labor organizations; and submit an updated resume and current fee schedule, or (B) Opt out, in which case the Board will randomly select another arbitrator. (d) If the randomly selected arbitrator fails to provide the information in paragragh (c)(A), the Board will randomly select another arbitrator. (e) With the selected arbitrator’s consent to the appointment, the Board will notify the parties of the appointed arbitrator and provide the parties with the arbitrator’s submitted prior awards or decisions, updated resume, and current fee schedule. (f) Within seven (7) business days of the appointment, either party may object to the appointed arbitrator. If a party objects to the appointed arbitrator, the Board will randomly appoint a second arbitrator from the panel described in OAR 115-040-0030 and this rule. The party that did not previously object to the first-appointed arbitrator has seven (7) business days to object to the second-appointed arbitrator. If such an objection is filed, the Board will randomly appoint a third arbitrator, who shall serve as the arbitrator in the matter. (2) Once a final appointment is made, with the arbitrator’s consent to the appointment, the Board shall notify the appointed arbitrator and the parties, and provide the arbitrator’s submitted prior awards or decisions, updated resume, and current fee schedule. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 243.706 History: ERB 1-2022, minor correction filed 01/03/2022, effective 01/03/2022 ERB 7-2021, adopt filed 12/15/2021, effective 01/01/2022 ERB 3-2021, temporary adopt filed 07/26/2021, effective 07/26/2021 through 01/21/2022
115-040-0035 Filing of Arbitrator and Factfinder Decisions All arbitrators and factfinders listed on the State Conciliation Panel pursuant to OAR 115-040-0030 shall provide the State Conciliation Service with one copy of all written decisions or recommendations issued concerning a labor dispute involving public employees, public employers or labor organizations as defined by ORS 243.650. 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 11-1985, f. 10-29-85, ef. 10-31-85
115-040-0040 Exemption from Disclosure Under ORS 192.410 to 192.505 and Inadmissibility of Mediation Communication Pursuant to OEC Rule 408 (1) Except to the extent that rules of this agency adopted pursuant to Oregon Laws 1997, chapter 670 make mediation communications confidential, any mediation communications that are public records, as defined in ORS 192.410(4), are not confidential unless the substance of such communication is confidential under state or federal law. Mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505. (2) Nothing in this rule affects any confidentiality created by other law. (3) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408). (4) The words and phrases used in this rule have the same meaning as given to them in Oregon Laws 1997, chapter 670, section 11. Statutory/Other Authority: ORS 243.766(7), 240.086(3) & OL 1997 & Ch. 670 Statutes/Other Implemented: ORS 192.410 - 192.505 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 6-1998, f. & cert. ef. 10-27-98 ERB 5-1998(Temp), f. & cert. ef. 5-1-98 thru 10-27-98
115-040-0041 Applicability of Mediator Disclosure Rules (1) OAR 115-040-0041 to 115-040-0044 apply only to mediations: (a) In which the agency is a party or is mediating a dispute as to which the agency has regulatory authority; and (b) That: (A) Are conducted under OAR 115-040-0000, ORS 243.712, OAR 115-075-0000 and ORS 662.425; or (B) Involve other joint requests for mediation from labor and management. (2) OAR 115-040-0041 to 115-040-0044 do not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in Oregon Laws 1997, chapter 670, section 7. (3) Nothing in OAR 115-040-0041 to 115-040-0044 affects any confidentiality created by other law. (4) The words and phrases used in OAR 115-040-0041 to 115-040-0044 have the same meaning as given to them in Oregon Laws 1997, chapter 670, sections 7 and 11. Statutory/Other Authority: ORS 240.086(3) & 243.766(7), OL 1997 & Ch. 670 Statutes/Other Implemented: ORS 192.410 - 192.505 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 6-1998, f. & cert. ef. 10-27-98 ERB 5-1998(Temp), f. & cert. ef. 5-1-98 thru 10-27-98
115-040-0043 Mediator May Disclose Certain Mediation Communications For the purposes of OAR 115-040-0042, a mediator may disclose the following mediation communications and such communications may be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding: (1) A request for mediation; (2) Communications from the Conciliation Service establishing the time and place of mediation; (3) Notification of declaration of impasse submitted to the Board; (4) Communication from the Conciliation Service establishing the time for filing final offers; (5) Final offers and cost summaries submitted by the parties to the mediators; (6) Petitions to initiate factfinding or interest arbitration submitted to the Board; or (7) Strike notices submitted to the Board. Statutory/Other Authority: ORS 243.766(7), 240.086(3) & OL 1997 & Ch. 670 Statutes/Other Implemented: ORS 192.410 - 192.505 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 6-1998, f. & cert. ef. 10-27-98 ERB 5-1998(Temp), f. & cert. ef. 5-1-98 thru 10-27-98
115-040-0044 Notice of Disclosure of Mediation Communications (1) When a mediation is of a type described in OAR 115-040-0041(1), the agency must provide written notice to all parties to the mediation and the mediator informing them of the extent to which mediation communications may be confidential. (2) The notice required by this rule must be in writing and must include: (a) An explanation of the agency's role in the mediation, including: (A) Whether the agency is a party; and (B) Whether the mediator is an employee, contractor or agent of the agency. (b) A statement that: (A) Mediation communications in mediations not described in OAR 115-040-0041(1) are not confidential unless provided otherwise by rules of this agency adopted pursuant to Oregon Laws 1997, chapter 670, section 3, or by other state or federal law; and (B) The parties to the mediation may agree in writing to less confidentiality and greater disclosure of mediation communications. (c) At least one of the following: (A) A copy of OAR 115-040-0040 and 115-040-0041 to 115-040-0044; (B) A summary of OAR 115-040-0040 and 115-040-0041 to 115-040-0044; or (C) Citations to the rules affecting the confidentiality of mediation communications and a statement indicating where a copy of these rules can be obtained. (3) Any notice required by this rule is not confidential and may be disclosed. Statutory/Other Authority: ORS 243.766(7), 240.086(3) & OL 1997 & Ch. 670 Statutes/Other Implemented: ORS 192.410 - 192.505 History: ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 6-1998, f. & cert. ef. 10-27-98 ERB 5-1998(Temp), f. & cert. ef. 5-1-98 thru 10-27-98
115-045-0000 Definition of Terms See OAR 115-010-0010. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01 ERB 1-1998, f. & cert. ef. 1-26-98 ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 1-1982, f. & ef. 1-19-82 ERB 1-1980, f. & ef. 1-9-80
115-045-0002 Computation of Time See OAR 115-010-0012. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 240.086(3) History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 1-1980, f. & ef. 1-9-80
115-045-0005 Filing of Appeals An appeal must be in writing and filed not later than 30 days after the effective date of the action being appealed. An appeal shall be considered filed when it is received by the Board or postmarked, if mailed postpaid and properly addressed. Amendments or supplements to appeals will be accepted only on a showing of good cause. Failure to timely file may result in dismissal of the appeal. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2005, f. & cert. ef. 1-24-05 Reverted to ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01 ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04 ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01 ERB 9-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-045-0010 Regular Employee Appeals from Suspension, Reduction in Pay, Demotion and Dismissal Actions An appeal under ORS 240.560 must contain a detailed statement specifying: (1) The action being appealed; (2) The reasons why appellant believes the action was not in good faith for cause or was taken for political, religious or racial reasons, or because of sex, marital status or age; and (3) The corrective action being requested. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2005, f. & cert. ef. 1-24-05 Reverted to ERB 1-2002, f. & cert. ef. 5-21-02 ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04 ERB 1-2002, f. & cert. ef. 5-21-02 ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01 ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 9-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82 ERB 1-1980, f. & ef. 1-9-80
115-045-0017 Appeals Concerning Temporary Appointments (1) A complaint filed under ORS 240.307 that alleges a violation of ORS 240.309 (temporary appointment duration) must be in writing and must contain a detailed statement specifying: (a) The action being appealed; (b) The reason complainant believes that the action violates ORS 240.309; and (c) The corrective action being requested. (2) The complaint must be filed with the Board no later than 30 days after the employee knew or reasonably should have known of the alleged violation. Statutory/Other Authority: ORS 240.086(3) Statutes/Other Implemented: ORS 240.086(1) & 240.309 History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 2-1990, f. 11-8-90, cert. ef. 11-19-90
115-045-0020 Other Appeals from Other Personnel Actions (1) Pursuant to ORS 240.086, a classified employee not in a bargaining unit may appeal any personnel action affecting the person (including trial service removals) that is alleged to be arbitrary or contrary to law, rule or policy, or taken for political reasons. (2) The appeal must be in writing and must contain a detailed statement specifying: (a) The action being appealed; (b) The reasons why the appellant believes the action was arbitrary, contrary to law, rule or policy, or taken for political reasons; and (c) The corrective action being requested. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2005, f. & cert. ef. 1-24-05 Reverted to ERB 1-2002, f. & cert. ef. 5-21-02 ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04 ERB 1-2002, f. & cert. ef. 5-21-02 ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01, Renumbered from 115-045-0015 ERB 1-2001, f. 2-16-01, cert. ef. 7-1-01 ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 9-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82 ERB 1-1980, f. & ef. 1-9-80
115-045-0021 Dismissal Appeals by Management Service Employees with Immediate Prior Regular Classified Service An appeal under ORS 240.570 shall comply with OAR 115-045-0005 and must contain a detailed statement specifying: (1) The action being appealed; (2) The reason(s) why the employee believes that the action violated ORS 240.570 (and any related statute); and (3) The corrective action being requested. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2005, f. & cert. ef. 1-24-05 Reverted to ERB 2-2000, f.12-1-00, cert. ef. 7-1-01, Renumbered from 115-045-0010 ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04 ERB 2-2000, f.12-1-00, cert. ef. 7-1-01, Renumbered from 115-045-0010 ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 9-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82 ERB 1-1980, f. & ef. 1-9-80 ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2005, f. & cert. ef. 1-24-05 Reverted to ERB 1-2002, f. & cert. ef. 5-21-02 ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04 ERB 1-2002, f. & cert. ef. 5-21-02 ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01 ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 9-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82 ERB 1-1980, f. & ef. 1-9-80
115-045-0025 Hearings (1) The Board Agent may investigate and attempt to resolve the dispute with the parties. If the case cannot be resolved within a reasonable time, the Board Agent will schedule a hearing. (2) Time and Place of Hearings. The time and place of hearing will be set by the Board Agent. At least ten days before the hearing, the Board Agent will serve a notice of the hearing on the parties. The Board Agent will also provide the agency head and any other interested party with a copy of the notice. Unless the parties agree otherwise, the initial hearing date will be set within 30 days from the date that the appeal was filed. (3) Postponements. When the parties to a hearing agree to a postponement, they shall promptly submit a written request for postponement to the Board Agent, who has the discretion to grant or deny the request. Statutory/Other Authority: ORS 240.086(3) & ORS 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-2005, f. & cert. ef. 1-24-05 Reverted to ERB 1-2002, f. & cert. ef. 5-21-02 ERB 1-2003(Temp), f. & cert. ef. 8-1-03 thru 1-31-04 ERB 1-2002, f. & cert. ef. 5-21-02 ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01 ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 1-1980, f. & ef. 1-9-80
115-045-0030 Conduct of Hearings 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) & ORS 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01 ERB 9-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-050-0001 Petition for Enforcement (1) A petition for enforcement of an arbitration award under ORS 240.086(2): (a) May be filed only after at least 14 days have elapsed since the date of the award; (b) Need not be filed if the other party has filed timely exceptions to the award under OAR 115-050-0010; and (c) Must be accompanied by a copy of the award. (2) The opposing party shall file its response to the petition within 14 days of the date that the petition was filed. Statutory/Other Authority: 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 7-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 10-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82
115-050-0010 Written Exceptions (1) A written exception to an arbitration award, pursuant to ORS 240.086(2), must: (a) be filed with the Board within 14 days of the date of the award; (b) specify which paragraph(s) of ORS 240.086(2) is (are) claimed as the basis for the exception, with a clear and concise statement of the facts on which the exception is based; and (c) be accompanied by a copy of the award. (2) Any response to the exceptions must be filed within 14 days of the date that the exceptions are filed. Statutory/Other Authority: 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240.086(2) History: ERB 7-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 10-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82
115-050-0020 Answers to Petitions Submissions under OAR 115-050-0001 and OAR 115-050-0010 must comply with all other relevant rules regarding filings with the Board. Statutory/Other Authority: ORS 240.086(3) & ORS 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 7-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 10-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82
115-050-0030 Hearings on Petitions (1) If a submission under OAR 115-050-0001 or OAR 115-050-0010 raises an issue of fact or law that warrants a hearing, the Board or Board Agent shall conduct a hearing in accordance with OAR 115-045-0025 and OAR 115-045-0030 (where applicable). (2) A party that is excepting to an arbitration award or asserting that the award should not be enforced has the burden of proof and the burden of going forward with the evidence. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 7-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 10-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1982, f. & ef. 1-19-82
115-060-0000 Representation Petitions (1) Who may file: (a) A petition for certification of a private employee representative may be filed by an employee, group of employees, or any individual or labor organization acting in their behalf, alleging that a substantial number of employees wish to be represented for collective bargaining and that the employer declined to recognize their representative; (b) Petitions for certification of private employee representative may be filed by a private employer alleging that one or more individuals or labor organizations have presented to it a request to be recognized or continue to be recognized as exclusive representative and that the employer has a good faith doubt as to the continued majority status of the incumbent labor organization based on reasonable objective standards; (c) A petition for decertification may be filed by an employee or group of employees, alleging that a substantial number of employees no longer want the certified or recognized individual or labor organization to represent them. (2) Petitions shall be filed in writing with the Board on a form provided by the Board. The Board Agent shall serve a copy of the petition upon the parties disclosed therein. Statutory/Other Authority: ORS 240 & 243 Statutes/Other Implemented: ORS 663.025 History: ERB 12-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-060-0015 Timeliness of Petitions (1) Election Bar. No election may be held for a bargaining unit or a subdivision of one in which a valid election has been held during the preceding 12-month period. (2) Contract Bar. No representation election shall be conducted during the term of any lawful collective bargaining agreement between an employer and a labor organization. However, an agreement with a term of more than three years shall be a bar for only the first three years of its term. (3) Certification Bar. The certification of an exclusive bargaining representative will serve as a bar to an election for a period of one year from the date of certification unless: (a) The certified labor organization has dissolved or has become defunct; or (b) A schism developed in the certified labor organization so that it cannot effectively represent bargaining unit members; or (c) The size of the bargaining unit has fluctuated radically within a short period of time; or (d) Other changed circumstances warrant waiver of the certification bar. (4) Open Period for Filing. A petition for an election where a contract exists must be filed not more than 90 days and not less than 60 days before the end of the contract period. If a contract is for more than three years, a petition for election may be filed not more than 90 days and not less than 60 days before the end of the expiration of the first three ears of the contract or any time after three years from the effective date of the contract. However, if a new contract is negotiated after the third year of the contract, and prior to the filing of a petition for an election, the new contract shall serve as a contract bar. Statutory/Other Authority: ORS 240 & 243 Statutes/Other Implemented: ORS 663.025 History: ERB 12-1985, f. 10-29-85, ef. 10-31-85 ERB 1-1980, f. & ef. 1-9-80
115-060-0020 Validity of Showing of Interest The showing of interest submitted pursuant to OAR 115-060-0010(1) and (3) shall not be furnished to any of the parties. The Board or its agents shall determine the adequacy of the showing of interest and such decision shall not be subject to collateral attack. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.025 History: ERB 1-1980, f. & ef. 1-9-80
115-060-0025 Withdrawal or Dismissal of Petition (1) Withdrawal of Petition. A petitioner may withdraw its petition with the approval of the Board or its agent. If a petition is withdrawn after the Recommended Order is issued, the withdrawal will be granted with prejudice and the petitioner may not submit a new petition for the bargaining unit for a period of six months from the date the withdrawal was approved. (2) Dismissal of Petition. If the Board Determines after an investigation that the petition has not been timely or properly filed, that no valid question concerning the representation of employees exists in an appropriate unit, or that the petition should not be processed for other reasons, it may request the party filing such a petition to withdraw the petition without prejudice or, in the absence of such withdrawal, it may dismiss the petition. Such action may be taken by the Board at any time prior to the closing of the case. A petitioner may, within 14 days of the date of service of the dismissal, request reconsideration of such action by the Board. This request shall contain a complete statement setting forth the facts and reasons upon which the request is based. On its own motion, the Board may or may not hear oral argument on a request for reconsideration. The Board may affirm the dismissal, or set the dismissal aside and remand the matter for hearing. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 663.025 History: ERB 1-1980, f. & ef. 1-9-80
115-060-0028 Posting Notice of Petition Upon receipt of a petition under OAR 115-060-0000, a Board Agent will cause a notice of the petition to be posted in the work areas granting maximum access to the employees in the existing or proposed unit. Copies of the notice shall be served on the private employer and any known exclusive representative. The notice shall set forth: (1) The name of the petitioning organization or employer; (2) A description of the unit involved; and (3) A statement that parties and interested persons will have 14 days from the date of the notice to file: (a) Objections to the appropriateness of the proposed unit; (b) Objections to the positions to be included or excluded; (c) Any other objections to the petition; (d) Petition to intervene as provided in OAR 115-060-0030. (4) Interested persons may notify the Board Agent of their objections. Upon good cause shown, the Board Agent may call an interested person as a witness. Statutory/Other Authority: ORS 240 & 243 Statutes/Other Implemented: ORS 663.025 History: ERB 12-1985, f. 10-29-85, ef. 10-31-85