reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0061 - Request for Election Instead of Card Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After a card check petition (to certify a
			 new bargaining unit or to add employees to an existing bargaining unit) has
			 been filed, an employee or group of employees in the petitioned-for group may
			 file a request for the Board to conduct an election instead of a card
			 check.
(2) The request for an
			 election instead of card check requires a showing of interest of at least
			 thirty percent (30%) of the employees in the proposed new bargaining unit, or
			 at least thirty percent (30%) of the unrepresented employees in the proposed
			 group to be added to an existing bargaining unit. The showing of interest must
			 comply with the requirements of OAR 115-025-0021. Specifically, the showing of
			 interest must contain the employee's name, typed or printed legibly; the
			 employee's signature; the date of the employee's signature; and a statement
			 indicating that the employee requests an election on whether the Board should
			 certify the named labor organization as the exclusive bargaining representative
			 for the employees of the employer, or in the case of a unit clarification
			 petition, that the employee requests an election on whether the group of
			 unrepresented employees should be added to the existing bargaining
			 unit.
(3) When determining the
			 sufficiency of the showing of interest for an election request, the Board will
			 use the same list of eligible employees that it used to check the showing of
			 interest for the underlying petition.
(4) The request for an election must be filed
			 within fourteen (14) days from the date of the notice posted under OAR
			 115-025-0060.
(5) If the Board
			 determines that the requirements for a request for an election instead of card
			 check have been met, the Board will conduct an election, according to the rules
			 set forth in OAR 115-025-0066  through 115-025-0076.
(a) The election shall be completed within
			 forty-five (45) days from the date that a valid request for an election was
			 filed.
(b) All employees in the
			 bargaining unit designated in the petition for certification without an
			 election or all employees designated to be added to the existing bargaining
			 unit in the petition for unit clarification without an election shall be
			 eligible to vote. The two choices on the ballot shall be no representation, or
			 the labor organization named in the petition for certification or unit
			 clarification without an election.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0062 - Request to Intervene in an Election

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Request to Intervene after the Filing of
			 an Election Petition by Another Party. A labor organization may file a request
			 to intervene in an election petition filed by another party (including a
			 petition for certification by election, a petition for unit clarification by
			 election, and a petition to change or decertify a representative) if a
			 sufficient number of employees in the affected bargaining unit wish to be
			 represented by the intervening labor organization. The intervening labor
			 organization seeks to be a choice on the election ballot.
(2) Showing of Interest. The intervention
			 request must be supported by a showing of interest of at least ten percent
			 (10%) of employees in the petitioned-for unit. The showing of interest document
			 must comply with OAR 115-025-0021  (showing of interest requirements), including
			 by indicating that the signer wishes to be represented by the labor
			 organization named in the intervention request.
(3) The intervention request must be filed
			 within fourteen (14) days of the notice of the initial petition.
(4) A request to intervene may propose a
			 bargaining unit different from that sought by the petitioner, but that still
			 includes some of the employees in the bargaining unit proposed by the
			 petitioner in the initial petition. In such cases:
(a) The intervention request must be
			 supported by a showing of interest of at least thirty percent (30%) of
			 employees in the different proposed unit. The employees must clearly state in
			 their showing of interest that they wish to be represented by the labor
			 organization named in the intervention request.
(b) The intervention request must be filed
			 within fourteen (14) days of the notice of the initial petition.
(c) If the intervenor's proposed unit or a
			 major part of it is currently represented, the certified or recognized labor
			 organization that is the exclusive representative will be included as a party
			 in interest in any hearing on the petition and will be included on the ballot
			 in any resulting election, unless it files a disclaimer pursuant to OAR
			 115-025-0072(1)(f).
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0063 - Objections to a Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Objecting
			 to a Petition. An affected employee or a party, including an intervenor, may
			 file an objection regarding a petition to certify an exclusive representative,
			 a petition to change or decertify an exclusive representative, or a unit
			 clarification petition (except for a petition to amend or modify an existing
			 certification or recognition filed under OAR 115-025-0050(11), or a petition to
			 revoke certification or recognition filed under OAR
			 115-025-0050(12)).
(2) Filing of
			 Objections. When a party objects to a petition submitted under these rules, it
			 will serve a copy of the objections at the same time on the petitioner and all
			 known interested parties, and provide the Board with proof of
			 service.
(3) Objections must
			 contain a clear and concise statement of the legal and factual reasons for the
			 objections. For example, if a party files objections asserting that a proposed
			 bargaining unit is not appropriate, the party must explain why the unit is not
			 appropriate and provide a summary of the factual basis for those assertions. A
			 simple assertion that the unit is not appropriate is insufficient.
(4) The Board may dismiss without hearing any
			 objections that do not meet these requirements. Further, the Board may dismiss
			 objections without a hearing when, even assuming that the facts alleged by the
			 objecting party are true, the asserted basis for the objections would not be
			 sufficient to sustain the objection. Before the Board dismisses objections
			 without a hearing, it shall provide the objecting party two (2) days to submit
			 additional information in support of its objections.
(5) Objections that are not dismissed will be
			 subject to the expedited hearings process under OAR 115-025-0065(2).
(6) Objections to a petition must be filed
			 within fourteen (14) days of the date of the notice posted pursuant to OAR
			 115-025-0060.
(7) If a hearing is
			 necessary to resolve objections to a petition, the hearing process may be
			 expedited as provided for in OAR 115-025-0065(2). The Board may conduct an
			 election before resolving objections to the petition. If the Board does so, the
			 Board may delay counting the ballots until all objections are
			 resolved.
Statutory/Other Authority: ORS
				  240.086(3)
				  & 243.766(7)
Statutes/Other Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0065 - Hearings Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disputes regarding representation issues
			 will be resolved through one of three possible procedures, depending on the
			 nature of the dispute:
(a) Administrative
			 Review by Board. The Board may resolve certain disputes administratively
			 without the need for a hearing where the Board is acting in an administrative
			 capacity. For example, the Board may dismiss filings for failure to comply with
			 the Board's procedural rules, including but not limited to requirements
			 relating to the information that must be submitted in a petition, the adequacy
			 of any required showing of interest, and timeliness of petitions or other
			 filings.
(b) Standard Hearing
			 Process. The hearing process under OAR 115-010-0050  through OAR 115-010-0110  will apply to cases under this Division that do not require expedited
			 resolution.
(c) Expedited Hearing
			 Process. When a party has filed a petition to create a new bargaining unit or
			 to add unrepresented employees to an existing unit, and the Board must conduct
			 a hearing to resolve a dispute regarding whether the petitioned-for bargaining
			 unit is appropriate, the Board shall use the expedited hearing process set
			 forth below, in OAR 115-025-0065(2), unless all of the parties agree to use the
			 standard hearing process. In any other type of representation matter that
			 requires a hearing, any party may ask the Board to expedite all or part of the
			 hearing process by filing a motion (pursuant to the Board's rule regarding
			 motions, OAR 115-010-0045).
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0066 - Election Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Setting
			 the Election Process. If the Board determines that a valid petition for an
			 election has been filed, the Board will conduct an election by secret ballot.
			 The Board will confer with the parties to set the terms of the election
			 process, such as the date of the election. If the parties do not enter into a
			 consent election agreement regarding the election process, the Board shall
			 conduct a hearing to resolve any disputes about the election process. The Board
			 will schedule a hearing to resolve such disputes as soon as practicable, and
			 provide notice of hearing as required by OAR 115-010-0040. If objections to the
			 petition were filed, the Board may consolidate all of the issues for hearing,
			 and the hearing rules set forth above, in OAR 115-025-0065, apply.
(2) Consent Election Agreements. The parties
			 may waive a hearing and enter into a consent election agreement after fourteen
			 (14) days from the date that the notice of petition was posted by the employer.
			 The agreement will include a description of the unit; the dates, times and
			 places of the election; and the payroll period or formula to be used in
			 determining the employees eligible to vote. The bargaining unit set out in the
			 consent election agreement will be deemed an appropriate bargaining unit when
			 the consent election agreement is approved by the Board.
Statutory/Other Authority: ORS
				  240.086(3)
				  & 243.766(7)
Statutes/Other Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0070 - Notice of Election; Improper Use of Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In cases requiring an election, the Board
			 will provide a notice of election to the public employer for posting in the
			 work areas granting maximum access to employees in the existing or proposed
			 unit. The Board will require the public employer to post the notice of election
			 for at least fourteen (14) days before the election. Notice shall be posted
			 electronically when reasonably appropriate. The Board will also provide copies
			 of the notice to all parties.
(2)
			 The notices will describe the details and procedures for the election, the
			 unit, the employee eligibility period, and date(s), hour(s) and place(s) of the
			 election. Notices also will contain a sample ballot.
(3) The reproduction of any document
			 purporting to be a copy of the Board's official ballot, which directly or
			 indirectly suggests to employees that the Board endorses a particular choice,
			 may constitute grounds for setting aside an election. A reproduction that is
			 completely unaltered in form and content and clearly marked "sample" on its
			 face is permitted.
Statutory/Other Authority: ORS
				  240.086(3)
				  & 243.766(7)
Statutes/Other Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0071 - Voter Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Voter
			 Eligibility. Public employees eligible to vote in an election will be those:
(a) employed on the date of the election; and
(b) who were employed on a payroll
			 date agreed to by the parties or on a date specified by the Board.
(c) The Board may include as eligible voters
			 other employees who have reasonable expectations of continued employment,
			 including, but not limited to, seasonal employees, on-call employees, or
			 employees on layoff.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0072 - Voting Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Voting:
(a) Voting will be by secret ballot with an
			 opportunity to vote for any labor organization on the ballot or for no
			 representation (if that choice is applicable).
(b) Elections will be conducted by mail
			 ballot, unless a mail ballot election would not fulfill the policy statements
			 in ORS
			 243.656.
(A) In a mail ballot election, the date of
			 the election will be the date ballots are to be returned.
(B) A ballot that is not delivered by the
			 voting deadline is void. Ballots may be delivered through the U.S. mail, other
			 commercial delivery service, or in person by anyone other than a supervisor or
			 manager employed by the public employer or a representative employed by the
			 labor organization.
(C) If any
			 individual believes they are eligible to vote but they do not receive a mail
			 ballot, they may contact the Board to request a provisional ballot. Such
			 provisional ballots may be challenged or resolved according to this Board's
			 rule, OAR 115-025-0051(3).
(c) For on-site elections, the date of the
			 election is the last day that the polls are open. For elections that include
			 both on-site voting and mail ballot voting, the date of the election will be
			 the latest of the foregoing dates.
(d) For all representation elections the
			 choice on the ballot receiving the majority of valid votes cast will be
			 declared the winner. In an initial election or runoff election where the ballot
			 has only two choices, and the balloting results in a tie vote, the Board Agent
			 will certify that no representative has been chosen.
(e) Elections will be completed within
			 forty-five (45) days from the date of a petition requesting an
			 election.
(f) Disclaimer. A labor
			 organization may request in writing to have its name removed from the ballot,
			 disclaiming any representation interest for the employees in the unit. For an
			 on-site election, the disclaimer must be filed at least ten (10) days before
			 the date of the election. For a mail ballot election the disclaimer must be
			 filed at least ten (10) days before the date ballots are mailed. When a
			 disclaimer is allowed by the Board after a consent election agreement has been
			 signed, or after the Board has ordered an election, the Board will not accept
			 or consider a new representation petition filed by the disclaiming organization
			 for the same bargaining unit for a period of six months from acceptance of the
			 disclaimer.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0073 - Ballot Count Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0074 - Runoff Election

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0075 - Election Objections

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0076 - Certification of Representative or Results of Election

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 30 - PUBLIC EMPLOYEE DEAUTHORIZATION OF FAIR SHARE AGREEMENT › Section 115-030-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0000 - Filing an Unfair Labor Practice Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0005 - Investigation of Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0010 - Amendment of Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0015 - Withdrawal of Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the respondent agrees, a complainant may not withdraw a
				complaint after issuance of a Recommended Order without a showing of good
				cause.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0020 - Dismissal of Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
If an investigation reveals that no issue of fact or law exists
				that warrants a hearing, the Board may dismiss the complaint.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0030 - Service of Notice and Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0035 - Answer to Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS 240,
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0040 - Notice of Hearings, Conduct of Hearings, and Post-Hearing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context requires otherwise, OAR 115-010-0040  through
				115-010-0110  apply to cases under this Division.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243.676(1)(c)
				  & 243.672(3)
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  243.676(2)
				  & ORS 243.676(3)
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0055 - Representation Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General:
(a) Pursuant to ORS
			 243.676(2)(d) and
			 (3)(b), the Board shall award representation
			 costs to the prevailing party in unfair labor practice cases.
(b) "Representation costs" shall be awarded
			 as follows:
(A) $250 for a case dismissed
			 without a hearing, providing that the dismissal order contains a conclusion
			 that the person named in the complaint has not engaged in or is not engaging in
			 an unfair labor practice.
(B)
			 $1,000 for a case presented solely on stipulated facts.
(C) $3,000 for a case that requires one day
			 of hearing (the hearing need not last a full day).
(D) $5,000 for a case that requires more than
			 one day of hearing (neither hearing day need last a full day).
(E) The full amount of reasonable
			 representation costs if a civil penalty is awarded.
(F) If a non-prevailing party had to rely on
			 personal financial resources to litigate the matter, the prevailing party shall
			 be awarded $500 in representation costs, unless the Board determines that a
			 lesser award is more appropriate.
(G) The Board will not award representation
			 costs if the parties notify the Board that they have agreed to waive the
			 awarding of those costs.
(c) A petition for representation costs needs
			 to be filed only when a party seeks an award of costs in excess of $5,000 (due
			 to a civil penalty being awarded).
(d) Prevailing party is the party in whose
			 favor a Board Order is issued. Where one charge (or more) in a complaint is
			 upheld while one charge (or more) in a complaint is dismissed, the Board shall
			 determine which party is the "prevailing party" based on the charge or charges
			 that the Board determines to be the primary or most significant in the case. If
			 the Board determines that upheld and dismissed charges are equally significant,
			 no representation costs will be awarded.
(e) For purposes of this rule, charges are
			 "separate" only if:
(A) they are based on
			 clearly distinct and independent operative facts; i.e., the charges could have
			 been pleaded and litigated without material reliance on the allegations of the
			 other(s), and the separate charges concerned the enforcement of rights
			 independent of the other(s); or
(B)
			 they concern two or more scope of bargaining questions that are dealt with by
			 the Board in separate conclusions of law.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0057 - Attorney Fees For Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				243.676(2)(e),
				the Board shall designate the amount of and award attorney fees to the
				prevailing party on an appeal of a Board Order, subject to the
				following:
(1) 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 bases for the amount of
			 costs requested.
(2) 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.
(3) 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.
(4) 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.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0060 - Expedited Procedures for Unfair Labor Practice Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board has
			 the discretion to expedite a complaint, or any portion of a
			 complaint.
(2) If a party requests
			 that a complaint be expedited, the complaint shall be filed in accordance with
			 OAR 115-035-0000  and accompanied by an affidavit setting forth:
(a) The reason that the complaint should be
			 expedited;
(b) An estimate of the
			 length of any hearing;
(c) A
			 statement of the complexity of the issues;
(d) Any specific harm, injury or loss that
			 would result if the complaint is not expedited; and
(e) A specific statement of any legal
			 authority in support of complainant's position.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0065

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  243.676 & ORS
				  243.726(5)
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0070 - Consent Orders

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 35 - UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT › Section 115-035-0075 - Civil Penalty; Fee Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
Any request for civil penalty under ORS
				243.676(4) or
				for reimbursement of a filing fee under ORS
				243.672(3) 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.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0000 - Mediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Negotiations
			 concerning a new or reopened collective bargaining agreement.
(a) If the parties have not reached agreement
			 on the terms of a collective bargaining agreement after a 150-calendar-day
			 period of good faith negotiations, either party may notify the Board and
			 request assignment of a mediator. The parties may jointly request assignment of
			 a mediator during the 150-day period. Such notification and request shall be in
			 writing and shall contain a statement as to each issue in dispute and a
			 statement describing when negotiations commenced. Upon receipt of the
			 notification and request, the State Conciliator shall appoint a mediator and
			 notify the parties of the appointment.
(b) The 150-calendar-day period of
			 negotiations begins:
(A) When an exclusive
			 representative is recognized or certified; or
(B) In a successor-agreement negotiation or a
			 contractual reopener negotiation, when the parties meet for the first
			 bargaining session and each party has received the other party's initial
			 proposal.
(c) Any time
			 after 15 days of mediation, either party may declare an impasse. Written
			 notification of an impasse shall be filed in writing with the State
			 Conciliator, and a copy of the notification shall be submitted to the other
			 party on that same day. The mediator may declare an impasse at any time during
			 the mediation process.
(d) Within
			 seven days of a declaration of impasse, each party shall submit to the mediator
			 in writing the final offer of the party, including a cost summary of the offer.
			 Each party's proposed contract language shall be titled "Final Offer." Each
			 party shall submit a copy of the final offer and cost summary to the other
			 party on the same day it is submitted to the mediator. Upon receipt of the
			 final offers and cost summaries, the mediator shall make them public.
(e) A party's cost summary shall
			 be completed using a form approved by the Board. Although a party's cost
			 summary may include additional information, it must, at a minimum, include a
			 fully completed form approved by the Board.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0005 - Conciliation Service Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240,
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0010 - Factfinding

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0017 - Interest Arbitration Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0018 - Notice of Intent to Strike

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0020 - Petition to Declare a Strike Unlawful

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0030 - Panel of Arbitrators and Factfinders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Conciliation Service of the
			 Employment Relations Board shall maintain a panel of qualified labor
			 arbitrators and factfinders for referral, upon request, to the parties to a
			 labor dispute. Panel members are expected to conform to the ethical standards
			 and procedures set forth in the code of professional responsibility for
			 arbitrators of labor disputes as approved by the National Academy of
			 Arbitrators.
(2) Persons seeking to
			 be listed on the panel must complete and submit an application form. The form
			 may be obtained from the State Conciliation Service of the Employment Relations
			 Board. Upon receipt of a completed application, including the application fee
			 in subsection (4) of this section, the Chair and the Conciliator will review
			 the completed application in light of the criteria set forth below and decide
			 whether to include an applicant on the panel. Each applicant will be notified
			 in writing of the decision:
(a) General
			 Criteria. Applicants will be accepted on the panel if they:
(A) Are experienced in decision-making roles
			 in the resolution of collective bargaining or labor relations disputes;
			 or
(B) Have extensive experience in
			 relevant positions in collective bargaining; or
(C) Have relevant academic experience at the
			 college or university level; and
(D) Are capable of conducting an orderly
			 hearing, can analyze testimony and exhibits and can prepare clear and concise
			 findings and awards within reasonable time limits, and appear, based on
			 references, to be acceptable to the parties.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0032 - Lists of Arbitrators or Factfinders

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0034 - Appoint Arbitrator for Arbitration proceedings under ORS 243.706(3)

Current through Register Vol. 63, No. 7, July 1, 2024
(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 paragraph (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.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0035 - Filing of Arbitrator and Factfinder Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS
				  243