Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0015 - Binding Interest Arbitration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability of Rule. This rule shall
			 apply in all cases in which the Board initiates arbitration of a labor dispute
			 relating to negotiations over employment relations.
(2) Court-Ordered Arbitration. When
			 arbitration is ordered by a circuit court pursuant to ORS
			 243.726(3)(c),
			 the affected employer or labor organization, or both jointly, shall notify the
			 Board of the court order within five days of the date that the order was
			 issued. Such notification must be accompanied by a copy of the court order. The
			 Board will initiate arbitration within five days of its receipt of the
			 notification.
(3) Voluntary
			 Arbitration. When an employer and a labor organization, pursuant to ORS
			 243.706(2) or
			 243.712(2)(e),
			 agree to submit any or all of the issues in a negotiations labor dispute to
			 arbitration, either party or both may request the Board to initiate
			 arbitration. Such a request must be accompanied by a copy of the agreement to
			 arbitrate. The Board will initiate arbitration within five days of its receipt
			 of the request.
(4) Arbitration
			 Where Strike is Prohibited. When a negotiations labor dispute exists between an
			 employer and a labor organization that represents a bargaining unit that
			 includes employees prohibited from striking by ORS
			 243.736 or ORS
			 243.738, the Board shall
			 initiate arbitration pursuant to ORS
			 243.746(2) or,
			 where applicable, ORS
			 243.698.
(5) A labor organization that represents a
			 bargaining unit which it contends includes strike-prohibited employees must
			 file notice of such contention with the Board and the employer at least 180
			 days before the expiration of the contract covering such bargaining unit,
			 unless such notice was previously filed and there has been no substantial
			 change in the composition of the unit since that filing, or within 30 days
			 after the labor organization demands bargaining for an initial contract. If the
			 labor organization fails to file such notice and subsequently requests the
			 Board to initiate arbitration, the Board shall notify the employer of the
			 request and the employer shall have ten days to file objections on the basis
			 that the unit does not include strike-prohibited employees or that the unit
			 should be redesignated because it also includes strike-permitted employees. The
			 Board shall resolve such objections prior to the initiation of
			 arbitration.
(6) Selection of
			 Arbitrator:
(a) Arbitrator selection shall be
			 pursuant to ORS 243.746(1) and
			 (2), as supplemented by this subsection.
(b) Financial or Personal Interest
			 of Arbitrator. No person shall serve as an arbitrator in any arbitration
			 proceeding in which he/she has any financial or personal interest in the result
			 of the arbitration, unless the parties, in writing, waive such
			 disqualification.
(c) Notice of
			 Appointment. Upon selection of the arbitrator the parties shall notify the
			 Board and the arbitrator of his/her selection.
(d) Disclosure by Arbitrator. Before
			 accepting an appointment, the prospective arbitrator shall disclose to the
			 parties and the Board any circumstances likely to create a presumption of bias.
			 If the prospective arbitrator believes that there is any other potentially
			 disqualifying information, that information also shall be disclosed. 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.
(e)
			 Challenges Relating to Bias or Qualifications of Arbitrator:
(A) A party may challenge a selected or
			 appointed arbitrator by charging that the arbitrator is biased or not
			 qualified.
(B) A petition raising
			 such a challenge must be filed with the Board within 15 days of the selection
			 or appointment of the arbitrator. The petition must include a statement of
			 facts on which the challenge is based. The other party to the underlying labor
			 dispute will be asked to respond to the petition.
(C) The Board will hold a hearing on the
			 petition within 10 days of the date of filing. The hearing will be conducted
			 according to the provisions of OAR 115, Division 010 to the extent that they
			 are applicable and practicable in light of the statutory time lines.
(D) The Board will issue a final and binding
			 decision regarding the arbitrator's neutrality or qualifications within 10 days
			 of the hearing.
(f)
			 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.