Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0010 - Definition of Terms

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, unless the context requires
				otherwise:
(1) "Appeal" means any
			 request for review of a personnel action under ORS ch 240.
(2) "Appellant" means a person who requests
			 review of a personnel action under ORS ch 240.
(3) "Appointing Authority" is defined in ORS
			 240.015.
(4) "Board" means the Employment Relations
			 Board.
(5) "Board Agent" means any
			 employee designated by the Board to act on its behalf.
(6) "Business day" means Monday through
			 Friday, but does not include any holiday as defined by ORS
			 187.010 and ORS
			 189.020, or any day that
			 the Board is closed.
(7) "Class" or
			 "Classification" is defined in ORS
			 240.015(4).
(8) "Complainant" means a party who has filed
			 an unfair labor practice complaint or a complaint alleging a violation of ORS
			 240.309.
(9) "Conciliator" means the head of the State
			 Conciliation Service.
(10) "Date of
			 Filing" means the date received by the Board. A document received after 5 p.m.
			 is considered to be filed on the following business day.
(11) "Date of Service" means the date sent to
			 another party or the date of personal service.
(12) "Day" means calendar day unless
			 otherwise specified.
(13)
			 "Demotion," for purposes of action brought under ORS ch 240, means the
			 voluntary or involuntary movement of an employee from a position in one
			 classification to a position in another classification having a lower salary
			 range number.
(14) "Management
			 Service" is defined in ORS
			 240.212.
(15) "Party" is any person, labor
			 organization or employer filing a petition, complaint, charge or State
			 Personnel Relations Law appeal with the Board; any person, labor organization
			 or employer named as a party in a petition, complaint, charge or State
			 Personnel Relations System appeal, or any other person, labor organization or
			 employer whose timely motion to intervene has been granted. Where applicable,
			 "party" also is a person, labor organization or employer under Division 40 of
			 these rules.
(16) "Personnel
			 Action," for purposes of appeals brought under ORS ch 240, means any action
			 taken with reference to an applicant, employee or position.
(17) "Petitioner" means a party who files a
			 petition with the Board.
(18)
			 "Recommended Order" means the Order of an Administrative Law Judge or Board
			 Agent consisting of proposed rulings on motions and evidentiary matters,
			 findings of fact, conclusions of law, and a recommended order.
(19) "Regular Employee" means an employee who
			 has been appointed to a position in the state service in accordance with state
			 law after successfully completing a trial service period or who has been
			 otherwise granted regular status through specific provisions of law.
(20) "Respondent" means a party who is
			 required to respond to a complaint, petition, charge, or appeal.
(21) "Showing of interest" means the evidence
			 of support that a petitioner must show in a proposed bargaining unit before its
			 petition will be acted on. The showing may be made by original authorization
			 cards or petitions, both of which must include a statement of a desire by
			 affected employees to be represented by the petitioner for purposes of
			 collective bargaining and that must be signed and dated by employees in the
			 proposed unit during the 180 days preceding the filing of the petition; by dues
			 records or payroll deduction records showing the employees to be current
			 members of a petitioning organization; or, by an existing or the most recently
			 expired bargaining agreement applicable to the bargaining unit, to which the
			 petitioning organization was a party. A showing of interest in support of
			 objections to a petition for certification without an election shall comply
			 with OAR 115-025-0075.
Statutory/Other Authority: ORS
				  240.086(3)
				  & 243.766(7)
Statutes/Other Implemented: ORS 240 &
				  243