reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.656 - Policy statement.

The Legislative Assembly finds and declares that:
(1) The people of this state have a fundamental interest in the development of harmonious and cooperative relationships between government and its employees;
(2) Recognition by public employers of the right of public employees to organize and full acceptance of the principle and procedure of collective negotiation between public employers and public employee organizations can alleviate various forms of strife and unrest. Experience in the private and public sectors of our economy has proved that unresolved disputes in the public service are injurious to the public, the governmental agencies, and public employees;
(3) Experience in private and public employment has also proved that protection by law of the right of employees to organize and negotiate collectively safeguards employees and the public from injury, impairment and interruptions of necessary services, and removes certain recognized sources of strife and unrest, by encouraging practices fundamental to the peaceful adjustment of disputes arising out of differences as to wages, hours, terms and other working conditions, and by establishing greater equality of bargaining power between public employers and public employees;
(4) The state has a basic obligation to protect the public by attempting to assure the orderly and uninterrupted operations and functions of government;
(5) It is in the public interest to ensure that exclusive representatives of public employees are able to effectively carry out their statutory duties by having direct access to represented employees, including communicating with the employees at the workplace or otherwise;
(6) It is the purpose of ORS 243.650 to 243.809 to obligate public employers, public employees and their representatives to enter into collective negotiations with willingness to resolve grievances and disputes relating to employment relations and to enter into written and signed contracts evidencing agreements resulting from such negotiations. It is also the purpose of ORS 243.650 to 243.809 to promote the improvement of employer-employee relations within the various public employers by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice, and to be represented by such organizations in their employment relations with public employers; and
(7) Ensuring meaningful communication between labor organizations and employees increases the effectiveness of public employees’ work performance. [1973 c.536 §2; 2019 c.429 §8]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.662 - Rights of public employees to join labor organizations.

Public employees have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with their public employer on matters concerning employment relations. [Formerly 243.730]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.666 - Certified or recognized labor organization as exclusive employee group representative.

(1) A labor organization certified by the Employment Relations Board or recognized by the public employer is the exclusive representative of the employees of a public employer for the purposes of collective bargaining with respect to employment relations.
(2) Notwithstanding the provisions of subsection (1) of this section, an individual employee or group of employees at any time may present grievances to their employer and have such grievances adjusted, without the intervention of the labor organization, if:
(a) The adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect; and
(b) The labor organization has been given opportunity to be present at the adjustment.
(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 unit or when the board has not certified an exclusive representative in accordance with ORS 243.686. [Formerly 243.735; 1983 c.740 §65; 2019 c.429 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.668 - Legislative findings.

(1) The Legislative Assembly finds that:
(a) It is the policy of this state that public funds may not be used to subsidize interference with an employee’s choice to join or to be represented by a labor union.
(b) Some public employers use public funds to aid or subsidize efforts to deter union organizing.
(c) Use of public funds to deter union organizing is contrary to the purposes for which the funds were appropriated and is wasteful of scarce public resources.
(2) The purpose of ORS 243.670 is to maintain the neutrality of public bodies in labor organizing by forbidding the use of public funds for unintended purposes and to conserve public resources by ensuring that public funds are used as intended. [2013 c.663 §3]
Note:
243.668 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 243 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.670 - Prohibition of actions by public employer to assist, promote or deter union organizing; rules.

(1) As used in this section:
(a) "Assist, promote or deter union organizing" means any attempt by a public employer to influence the decision of any or all of its employees or the employees of its subcontractors regarding:
(A) Whether to support or oppose a labor organization that represents or seeks to represent those employees; or
(B) Whether to become a member of any labor organization.
(b) "Public funds" means moneys drawn from the State Treasury or any special or trust fund of the state government, including any moneys appropriated by the state government and transferred to any public body, as defined in ORS 174.109, and any other moneys under the control of a public official by virtue of office.
(c) "Public property" means any real property or facility owned or leased by a public employer.
(2) A public employer may not:
(a) Use public funds to support actions to assist, promote or deter union organizing; or
(b) Discharge, demote, harass or otherwise take adverse action against any individual because the individual seeks to enforce this section or testifies, assists or participates in any manner in an investigation, hearing or other proceeding to enforce this section.
(3) If an employee requests the opinion of the employee’s employer or supervisor about union organizing, nothing in this section prohibits the employer or supervisor from responding to the request of the employee.
(4) This section does not apply to an activity performed, or to an expense incurred, in connection with:
(a) Addressing a grievance or negotiating or administering a collective bargaining agreement.
(b) Allowing a labor organization or its representatives access to the public employer’s facilities or property.
(c) Performing an activity required by federal or state law or by a collective bargaining agreement.
(d) Negotiating, entering into or carrying out an agreement with a labor organization.
(e) Paying wages to a represented employee while the employee is performing duties if the payment is permitted under a collective bargaining agreement.
(5)(a) This section shall be enforced by the Employment Relations Board, which shall adopt rules necessary to implement and administer compliance. A resident of this state may intervene as a plaintiff in any action brought under this section.
(b) Nothing in this section prohibits a public employer from spending public funds for the purpose of:
(A) Representing the public employer in a proceeding before the board or in a judicial review of that proceeding;
(B) Granting paid release time under ORS 243.802; or
(C) Providing paid excused time to public employees who engage in the activities described under ORS 243.798. [2013 c.663 §4; 2019 c.429 §10]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.684 - Requirements for petition for representation.

A petition for representation filed under ORS 243.682 (2) must include a statement of a desire by the employees to be represented and must be signed and dated by the employees during the 180 days before the petition is filed with the Employment Relations Board. [2013 c.663 §5; 2017 c.496 §4]
Note:
243.684 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 243 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 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]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.692 - Limitation on successive representation elections.

(1) No election shall be conducted under ORS 243.682 (5) in any appropriate bargaining unit within which during the preceding 12-month period an election was held, nor during the term of any lawful collective bargaining agreement between a public employer and an employee representative. However, a contract with a term of more than three years shall be a bar for only the first three years of its term.
(2) Notwithstanding subsection (1) of this section, the Employment Relations Board shall rule that a contract will not be given the effect of barring an election if it finds that:
(a) Unusual circumstances exist under which the contract is no longer a stabilizing force; and
(b) An election should be held to restore stability to the representation of employees in the unit.
(3) A petition for an election where a contract exists must be filed not more than 90 calendar days and not less than 60 calendar days before the end of the contract period. If the contract is for more than three years, a petition for election may be filed any time after three years from the effective date of the contract. [1973 c.536 §9; 1999 c.572 §1; 2007 c.833 §2; 2023 c.222 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.696 - Bargaining representatives for executive department state agencies, judicial department and legislative department.

(1) The Oregon Department of Administrative Services shall represent all state agencies within the executive department which have bargaining units in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of exempt, unclassified and classified employees, except those unclassified employees governed by the provisions of ORS 240.240. The department may delegate such collective bargaining responsibility to operating agencies as may be appropriate.
(2) The Chief Justice of the Supreme Court shall represent the judicial department in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of officers and employees of the courts of this state who are state officers or employees. The Chief Justice may delegate such collective bargaining responsibility to the state court administrator.
(3) The presiding officers of each house of the Legislative Assembly shall represent the legislative department in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of employees of the legislative department. The presiding officers may delegate such collective bargaining responsibility to a chief negotiator who, after consultation with the majority party and the minority party caucus leaders of the Senate and the House of Representatives, shall establish a bargaining team to carry out the collective bargaining negotiations. [1973 c.536 §10; 1979 c.468 §25; 1983 c.763 §64; 2021 c.656 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.698 - Expedited bargaining process; notice; implementation of proposed changes.

(1) When the employer is obligated to bargain over employment relations during the term of a collective bargaining agreement and the exclusive representative demands to bargain, the bargaining may not, without the consent of both parties and provided the parties have negotiated in good faith, continue past 90 calendar days after the date the notification specified in subsection (2) of this section is received.
(2) The employer shall notify the exclusive representative in writing of anticipated changes that impose a duty to bargain.
(3) Within 14 calendar days after the employer’s notification of anticipated changes specified in subsection (2) of this section is sent, the exclusive representative may file a demand to bargain. If a demand to bargain is not filed within 14 days of the notice, the exclusive representative waives its right to bargain over the change or the impact of the change identified in the notice.
(4) The expedited bargaining process shall cease 90 calendar days after the written notice described in subsection (2) of this section is sent, and the employer may implement the proposed changes without further obligations to bargain. At any time during the 90-day period, the parties jointly may agree to mediation, but that mediation shall not continue past the 90-day period from the date the notification specified in subsection (2) of this section is sent. Neither party may seek binding arbitration during the 90-day period. [1995 c.286 §13]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.702 - Renegotiation of invalid provisions in agreements.

(1) In the event any words or sections of a collective bargaining agreement are declared to be invalid by any court of competent jurisdiction, by ruling by the Employment Relations Board, by statute or constitutional amendment or by inability of the employer or the employees to perform to the terms of the agreement, then upon request by either party the invalid words or sections of the collective bargaining agreement shall be reopened for negotiation.
(2) Renegotiation of a collective bargaining agreement pursuant to this section is subject to ORS 243.698. [1973 c.536 §11; 1995 c.286 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.716 - Use of volunteers not contracting out for services.

The use of volunteers to provide services shall not be considered contracting out for services. The use of reserve police personnel that does not require layoff shall not be considered contracting out for services. [1995 c.286 §14]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.732 - Refusal to cross picket line as prohibited strike.

Public employees, other than those engaged in a nonprohibited strike, who refuse to cross a picket line shall be deemed to be engaged in a prohibited strike and shall be subject to the terms and conditions of ORS 243.726, pertaining to prohibited strikes. [1973 c.536 §23]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.736 - Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel.

(1) It is unlawful for any of the following public employees to strike or recognize a picket line of a labor organization while in the performance of official duties:
(a) Assistant attorneys general;
(b) Deputy district attorneys;
(c) Emergency communications worker;
(d) Employee of the Oregon Youth Authority who has custody, control or supervision of adjudicated youths;
(e) Firefighter;
(f) Guard at a correctional institution or mental hospital;
(g) Parole and probation officer who supervises adult offenders; and
(h) Police officer.
(2) As used in this section, "emergency communications worker" means an individual whose official focal duties are receiving information through the emergency communications system under ORS 403.105 to 403.250, relaying the information to public or private safety agencies or dispatching emergency equipment or personnel in response to the information. [1973 c.536 §17; 1985 c.232 §1; 1989 c.793 §20; 2003 c.216 §1; 2007 c.646 §1; 2009 c.376 §1; 2015 c.247 §33; 2019 c.242 §1; 2021 c.489 §24]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.738 - Strikes by employees of mass transit districts, transportation districts and municipal bus systems.

(1) It is unlawful for any employee of a mass transit district, transportation district or municipal bus system to strike or recognize a picket line of a labor organization while in the performance of official duties.
(2) As used in this section:
(a) "Mass transit district" means a mass transit district established under ORS 267.010 to 267.394.
(b) "Transportation district" means a transportation district established under ORS 267.510 to 267.650. [2007 c.641 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.742 - Binding arbitration when strike prohibited.

(1) It is the public policy of the State of Oregon that where the right of employees to strike is by law prohibited, it is requisite to the high morale of such employees and the efficient operation of such departments to afford an alternate, expeditious, effective and binding procedure for the resolution of labor disputes and to that end the provisions of ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290, providing for compulsory arbitration, shall be liberally construed.
(2) When the procedures set forth in ORS 243.712 and 243.722, relating to mediation of a labor dispute, have not culminated in a signed agreement between the parties who are prohibited from striking, the public employer and exclusive representative of its employees shall include with the final offer filed with the mediator a petition to the Employment Relations Board in writing that initiates binding arbitration for bargaining units with employees referred to in ORS 243.736 or 243.738. Arbitration shall be scheduled by mutual agreement not earlier than 30 days following the submission of the final offer packages to the mediator. Arbitration shall be scheduled in accordance with the procedures prescribed in ORS 243.746. [1973 c.536 §18; 1995 c.286 §9; 2017 c.496 §6; 2019 c.429 §14]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.752 - Arbitration decision final; enforcement; effective date of compensation increases; modifying award.

(1) A majority decision of the arbitration panel, under ORS 243.706, 243.726, 243.736, 243.738, 243.742 and 243.746, if supported by competent, material and substantial evidence on the whole record, based upon the factors set forth in ORS 243.746 (4), shall be final and binding upon the parties. Refusal or failure to comply with any provision of a final and binding arbitration award is an unfair labor practice. Any order issued by the Employment Relations Board pursuant to this section may be enforced at the instance of either party or the board in the circuit court for the county in which the dispute arose.
(2) The arbitration panel may award increases retroactively to the first day after the expiration of the immediately preceding collective bargaining agreement. At any time the parties, by stipulation, may amend or modify an award of arbitration. [1973 c.536 §20; 1981 c.423 §1; 1983 c.504 §2; 2017 c.496 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.756 - Employment conditions during arbitration.

During the pendency of arbitration proceedings that occur after the expiration of a previous collective bargaining agreement, all wages and benefits shall remain frozen at the level last in effect before the agreement expired, except that no public employer shall be required to increase contributions for insurance premiums unless the expiring collective bargaining agreement provides otherwise. Merit step and longevity step pay increases shall be part of the status quo unless the expiring collective bargaining agreement expressly provides otherwise. [1973 c.536 §21; 1995 c.286 §11]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.762 - Alternative arbitration procedure under collective bargaining agreement.

Nothing in ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290 is intended to prohibit a public employer and the exclusive representative of its employees from entering into a collective bargaining agreement which provides for a compulsory arbitration procedure which is substantially equivalent to ORS 243.742 to 243.756. [1973 c.536 §22; 2019 c.429 §16]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.766 - Board duties in administration of collective bargaining laws; rules.

The Employment Relations Board shall:
(1) Establish procedures for, investigate and resolve any disputes concerning the designation of an appropriate bargaining unit.
(2) Establish procedures for, resolve disputes with respect to, and supervise the conduct of elections for the determination of employee representation.
(3) Conduct proceedings on complaints of unfair labor practices by employers, employees and labor organizations and take such actions with respect thereto as it deems necessary and proper.
(4) Petition the appropriate circuit court for enforcement of any order issued by the board pursuant to ORS 243.650 to 243.809.
(5) Hold such hearings and make such inquiries as it deems necessary to carry out properly its functions and powers, and for the purpose of such hearings and inquiries, administer oaths and affirmations, examine witnesses and documents and issue subpoenas.
(6) Conduct studies on problems relating to public employment relations and make recommendations with respect thereto to the legislative bodies; request information and data from state and county departments and agencies and labor organizations necessary to carry out its functions and responsibilities; make available to public employers, labor organizations, mediators, members of fact-finding boards, arbitrators and other concerned parties statistical data relating to wages, benefits, and employment practices in public and private employment to assist them in resolving issues in negotiation.
(7) Adopt rules relative to the exercise of its powers and authority and to govern the proceedings before it in accordance with ORS chapter 183. [1973 c.536 §24]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.772 - Effect of collective bargaining laws on local charters and ordinances.

(1) Any provisions of local charters and ordinances adopted pursuant thereto in existence on October 5, 1973, and not in conflict with the rights and duties established in ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290 may remain in full force and effect after the Employment Relations Board has determined that no conflict exists.
(2) Notwithstanding ORS 243.650 (4) and (7)(a) and subsection (1) of this section, any provisions of a city charter or ordinance that relate to the establishment of a local community oversight board created to oversee disciplinary matters concerning law enforcement officers, as defined in ORS 131.930, shall remain in full force and effect provided that:
(a) A measure that included the question of whether to establish the local community oversight board was referred to the people of the city at an election held on or after July 1, 2020; and
(b) A majority of voters voting on the measure voted in favor of the establishment of the board. [1973 c.536 §15; 2019 c.429 §17; 2021 c.402 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.778 - Student representation when bargaining unit includes public university faculty; duties of student representatives; confidentiality requirements.

(1) When an appropriate bargaining unit includes members of the faculty of a public university listed in ORS 352.002, the duly organized and recognized entity of student government at that university may designate three representatives to meet and confer with the public employer of those members of the faculty and the exclusive representative of that appropriate bargaining unit prior to collective bargaining.
(2) During the course of collective bargaining between the public employer and the exclusive representative described in subsection (1) of this section, the representatives of student government designated under subsection (1) of this section shall:
(a) Be allowed to attend and observe all meetings between the public employer and the exclusive representative at which collective bargaining occurs;
(b) Have access to all written documents pertaining to the collective bargaining negotiations exchanged by the public employer and the exclusive representative, including copies of any prepared written transcripts of the bargaining session;
(c) Be allowed to comment in good faith during the bargaining sessions upon matters under consideration; and
(d) Be allowed to meet and confer with the exclusive representative and the public employer regarding the terms of an agreement between them prior to the execution of a written contract incorporating that agreement.
(3) Rules regarding confidentiality and release of information shall apply to student representatives in the same manner as employer and employee bargaining unit representatives.
(4) As used in this section, "meet and confer" means the performance of the mutual obligation of the representatives of student government designated under subsection (1) of this section, the exclusive representative and the public employer, or any two of them, to meet at the request of one of them at reasonable times at a place convenient to all to conduct in good faith an interchange of views concerning the duties of each under this section, employment relations of the faculty, the negotiation of an agreement and the execution of a written agreement. [1975 c.679 §2; 2011 c.637 §78]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.782 - Representation by counsel authorized.

(1) For purposes of proceedings commenced pursuant to ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290, a person may be represented by counsel or any other agent authorized by such person.
(2) As used in subsection (1) of this section, "person" means any individual, a labor organization or a public employer. [1973 c.536 §33; 2019 c.429 §18]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.796 - Definitions for ORS 243.796 to 243.806.

As used in ORS 243.796 to 243.806:
(1) "Designated representative" means a public employee:
(a) Who is designated by the exclusive representative as a representative for the employees in a bargaining unit; and
(b) For whom:
(A) Reasonable paid time is granted under ORS 243.798; or
(B) Release time is granted under ORS 243.802.
(2) "Release time" means the period of time when a public employee who is a designated representative takes a leave of absence from the employee’s regular public employment to conduct labor organization business.
(3) "Retirement credit" has the meaning given that term in ORS 238.005. [2019 c.429 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.798 - Reasonable time granted to designated representatives to engage in certain activities during work hours.

(1) A public employer shall grant public employees who are designated representatives reasonable time to engage in the following activities during the public employee’s regularly scheduled work hours without loss of compensation, seniority, leave accrual or any other benefits:
(a) Investigate and process grievances and other workplace-related complaints on behalf of the exclusive representative;
(b) Attend investigatory meetings and due process hearings involving represented employees;
(c) Participate in or prepare for proceedings under ORS 243.650 to 243.809, or that arise from a dispute involving a collective bargaining agreement, including arbitration proceedings, administrative hearings and proceedings before the Employment Relations Board;
(d) Act as a representative of the exclusive representative for employees within the bargaining unit for purposes of collective bargaining;
(e) Attend labor-management meetings held by a committee composed of employers, employees and representatives of the labor organization to discuss employment relations matters;
(f) Provide information regarding a collective bargaining agreement to newly hired employees at employee orientations or at any other meetings that may be arranged for new employees;
(g) Testify in a legal proceeding in which the public employee has been subpoenaed as a witness; and
(h) Perform any other duties agreed upon by a public employer and an exclusive representative in a collective bargaining agreement or any other agreement.
(2) A public employer may not reduce a public employee’s work hours in order to comply with subsection (1) of this section except to prevent an employee from working unauthorized overtime hours. [2019 c.429 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.800

[Formerly 243.775; 2001 c.945 §66; 2003 c.67 §34; 2003 c.733 §69; 2005 c.611 §1; 2007 c.71 §76; 2007 c.769 §5; 2013 c.174 §1; 2013 c.768 §114; 2015 c.767 §66; 2017 c.569 §4; 2019 c.355 §18; renumbered 243.815 in 2019]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.809 - Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards.

(1) For matters concerning alleged misconduct by a law enforcement officer, the following shall make determinations regarding the alleged misconduct and impose disciplinary action in response to such determinations in accordance with the uniform standards adopted by the Commission on Statewide Law Enforcement Standards of Conduct and Discipline under ORS 243.812:
(a) A law enforcement agency located anywhere in this state.
(b) An arbitrator who serves in an arbitration proceeding described under ORS 243.706 (3).
(c) A civilian or community oversight board, agency or review body.
(2) The requirements described in this section are not subject to collective bargaining.
(3) As used in this section:
(a) "Civilian or community oversight board, agency or review body" means a board, an agency or a body:
(A) Designated by a municipality or a law enforcement agency in performing duties related to investigating allegations of officer misconduct or reviewing police policies and practices; or
(B) Created to oversee disciplinary matters concerning law enforcement officers pursuant to a city charter or ordinance for which a measure that included the question of whether to establish the board, agency or body was referred to and approved by the people of the city at an election held on or after July 1, 2020.
(b) "Law enforcement agency" and "law enforcement officer" have the meanings given those terms in ORS 131.930. [2021 c.541 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.820 - Agreement for payment of annuity premium or investment in stock of regulated investment company.

(1) In order to obtain the advantages of 26 U.S.C. 403(b), or any equivalent provision of federal law, an employer may agree with an employee who performs services for an educational institution that:
(a) The employee’s salary will be reduced monthly by a stated amount, or the employee will forgo monthly a salary increase of a stated amount; and
(b) On behalf of the employee, the employer shall contribute monthly an amount equal to the stated amount determined under paragraph (a) of this subsection as premiums for an annuity contract or to a custodial account for investment in the stock of regulated investment companies as defined in 26 U.S.C. 403(b)(7)(C). The amount contributed by the employer under this subsection may not exceed the stated amount.
(2) Notwithstanding any other provision of law, pursuant to an agreement under subsection (1) of this section, the stated amounts shall be forwarded by the employer as annuity premiums to the company or association with which it has entered into an annuity contract or to the regulated investment company or its transfer agent for the benefit of the employee.
(3) An employer may make nonelective employer contributions on behalf of an employee who performs services for an educational institution as premiums for an annuity contract, or to a custodial account for investment in the stock of regulated investment companies as defined in 26 U.S.C. 403(b)(7)(C), for the purpose of obtaining the advantages of 26 U.S.C. 403(b) or any equivalent provision of federal law. Employer contributions under this subsection are in addition to any employee contributions under subsection (1) of this section.
(4) As used in this section:
(a) "Educational institution" means an educational institution that normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on or an education service district.
(b) "Employer" means a state agency, a community college district, a school district, a public university listed in ORS 352.002, the Oregon Health and Science University or an education service district employing an individual who performs services for an educational institution. [1965 c.606 §2; 1981 c.407 §1; 2007 c.704 §1; 2013 c.768 §115; 2015 c.767 §67]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.830 - Effect of agreement on retirement contributions and benefits.

An agreement executed pursuant to ORS 243.820 by an employee who is subject to ORS chapter 238 or 238A, or a similar retirement program for public employees, in no way affects the contributions to be made or the benefits to be provided for such employee under ORS chapter 238 or 238A or the other similar program. Reduction of salary or forgoing a salary increase by a stated amount under ORS 243.820 shall not be deemed a reduction in salary for the purpose of such contributions and benefits. [1965 c.606 §3; 1999 c.130 §7; 2003 c.733 §70]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.850 - Qualified football coaches plan; participation; salary deduction.

(1) An eligible football coach and the governing board of a public university listed in ORS 352.002 may enter into an agreement to provide that:
(a) The coach’s salary will be reduced monthly by a stated amount that is not less than $25 a month, or the coach will forgo monthly a salary increase of a stated amount that is not less than $25 a month; and
(b) The governing board will contribute monthly an amount equal to the stated amount determined under paragraph (a) of this subsection for the month to a designated qualified football coaches plan. The amount contributed by the employer shall not exceed the stated amount.
(2) The amount by which an eligible football coach’s salary or wages is reduced by reason of the salary reduction or forgoing of a salary increase authorized by subsection (1) of this section shall continue to be included as regular compensation for the purpose of computing the retirement, pension and Social Security benefits earned by the coach, but that amount shall not be considered current taxable income for the purpose of computing federal and state income taxes withheld on behalf of that coach.
(3) For the purposes of this section:
(a) "Eligible football coach" means a staff member of a public university listed in ORS 352.002 who primarily coaches football as a full-time employee of a four-year university described in 26 U.S.C. 170(b)(1)(A)(ii).
(b) "Qualified football coaches plan" has the meaning given that term in 29 U.S.C. 1002(37). [1991 c.604 §1; 1993 c.160 §1; 1997 c.11 §5; 2003 c.14 §114; 2013 c.768 §116; 2015 c.767 §68]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.853 - "Public employee" defined.

For the purposes of this section and ORS 243.854 and 243.855, "public employee" means officers or employees, classified, unclassified, exempt and nonexempt, of:
(1) State agencies.
(2) Community colleges.
(3) School districts and education service districts.
(4) County governments.
(5) City governments.
(6) Districts as defined in ORS 255.012 and any other special district. [Formerly 243.325]
Note:
243.853 to 243.855 were made a part of ORS chapter 243 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.854 - Leaves of absence for athletic competition; requirements; maximum period; reinstatement.

(1) To encourage amateur athletic competition at the world level, state agencies and political subdivisions described in ORS 243.853 (2) to (6) may grant leaves of absence on request to any public employee who participates in world, Pan American or Olympic events as a group leader, coach, official or athlete of a United States amateur team for the purpose of preparing for and engaging in the competition and preliminary competitions.
(2) The leave shall be with regular pay and benefits for periods of official training camps and competitions. Paid leave shall not exceed 90 days per calendar year.
(3) Upon expiration of the leave, the public employee shall have the right to be reinstated to the position held before the leave was granted and at the salary rates prevailing for such positions on the date of resumption of duty without loss of seniority or other employment rights. Failure of the employee to report within 30 days after termination of official competition shall be cause for dismissal.
(4) In order to be eligible for the benefits authorized by ORS 243.853 to 243.855, the public employee shall be a resident of this state for a period of not less than five years and shall have been a public employee of the particular employer for a period of not less than one year prior to being granted the leave. [Formerly 243.330]
Note:
See note under 243.853.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.855 - Reimbursement to public employer.

Public employees eligible for the benefits authorized by ORS 243.853 to 243.855 are obligated to reimburse the employer in full through monetary payment, with no interest charge, or through hours worked equivalent to the number of hours spent on athletic leave, or a combination of both. Full reimbursement shall be accomplished at a time not later than 10 years following the last day the employee received benefits under ORS 243.853 to 243.855. [Formerly 243.335]
Note:
See note under 243.853.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.864 - Duties; rules; contracts; personnel.

(1) The Oregon Educators Benefit Board:
(a) Shall adopt rules for the conduct of its business and for carrying out ORS 243.879; and
(b) May adopt rules not inconsistent with ORS 243.860 to 243.886 to determine the terms and conditions of eligible employee participation in and coverage under benefit plans.
(2) The board shall study all matters connected with the provision of adequate benefit plan coverage for eligible employees on the best basis possible with regard to the welfare of the employees and affordability for the districts and local governments. The board shall design benefits, prepare specifications, analyze carrier responses to advertisements for bids and award contracts. Contracts shall be signed by the chairperson on behalf of the board.
(3) In carrying out its duties under subsections (1) and (2) of this section, the goal of the board is to provide high-quality health, dental and other benefit plans for eligible employees at a cost affordable to the districts and local governments, the employees and the taxpayers of Oregon.
(4)(a) The board shall prepare specifications, invite bids and take actions necessary to award contracts for health and dental benefit plan coverage of eligible employees in accordance with the criteria set forth in ORS 243.866 (1).
(b) Premium rates established by the board for a self-insured health benefit plan and premium rates negotiated by the board with a carrier that offers a health benefit plan to eligible employees must take into account any reduction in the cost of hospital services and supplies anticipated to result from the application of ORS 243.879.
(c) The Public Contracting Code does not apply to contracts for benefit plans provided under ORS 243.860 to 243.886. The board may not exclude from competition to contract for a benefit plan an Oregon carrier solely because the carrier does not serve all counties in Oregon.
(5) The board may retain consultants, brokers or other advisory personnel when necessary and shall employ such personnel as are required to perform the functions of the board. If the board contracts for actuarial or technical support to manage the functions of the board, the board shall solicit invitations to bid and the proposals must include all of the following:
(a) An explanation of how the bidder has assisted other clients in creating incentives to improve the quality of care provided to enrollees;
(b) An explanation of how the bidder will support the board’s efforts to maximize provider efficiencies and achieve more organized systems of care; and
(c) A description of the bidder’s experience in assisting other clients in structuring contracts that use risk-based networks of providers and alternative provider reimbursement methodologies. [2007 c.7 §3; 2011 c.418 §11; 2013 c.731 §17; 2017 c.746 §32; 2023 c.51 §2]
Note:
See note under 243.860.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.867 - Participation in benefit plan by local government.

(1) The governing body of a local government may elect to participate in a benefit plan offered by the Oregon Educators Benefit Board.
(2) The decision of the governing body of a local government to participate in a benefit plan offered by the board is in the discretion of the governing body of the local government and is a permissive subject of collective bargaining.
(3) If the governing body of a local government elects to offer a benefit plan through the board, the governing body may elect one time only to provide alternative group health and welfare insurance benefit plans to eligible employees if:
(a) The alternative benefit plan is offered through the health insurance exchange under ORS 741.310 (1)(b); and
(b) The participation of the local government is not precluded under federal law on or after January 1, 2017. [2013 c.731 §24]
Note:
See note under 243.860.