reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0040 - Exemption from Disclosure Under ORS 192.410 to 192.505 and Inadmissibility of Mediation Communication Pursuant to OEC Rule 408

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except to the extent that rules of this
			 agency adopted pursuant to Oregon Laws 1997, chapter 670 make mediation
			 communications confidential, any mediation communications that are public
			 records, as defined in ORS
			 192.410(4), are
			 not confidential unless the substance of such communication is confidential
			 under state or federal law. Mediation communications are exempt from disclosure
			 under the Public Records Law to the extent provided in ORS
			 192.410 to
			 192.505.
(2) Nothing in this rule affects any
			 confidentiality created by other law.
(3) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190(OEC Rule 408).
(4) The words and phrases used in this rule
			 have the same meaning as given to them in Oregon Laws 1997, chapter 670,
			 section 11.
Stat. Auth.: ORS
				  243.766(7),
				  240.086(3)
				  & OL 1997, Ch. 670
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0041 - Applicability of Mediator Disclosure Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 115-040-0041  to 115-040-0044  apply
			 only to mediations:
(a) In which the agency
			 is a party or is mediating a dispute as to which the agency has regulatory
			 authority; and
(b) That:
(A) Are conducted under OAR
			 115-040-0000, ORS
			 243.712, OAR
			 115-075-0000  and ORS
			 662.425; or
(B) Involve other joint requests for
			 mediation from labor and management.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0043 - Mediator May Disclose Certain Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				115-040-0042,
				a mediator may disclose the following mediation communications and such
				communications may be introduced into evidence in any subsequent
				administrative, judicial or arbitration proceeding:
(1) A request for mediation;
(2) Communications from the Conciliation
			 Service establishing the time and place of mediation;
(3) Notification of declaration of impasse
			 submitted to the Board;
(4)
			 Communication from the Conciliation Service establishing the time for filing
			 final offers;
(5) Final offers and
			 cost summaries submitted by the parties to the mediators;
(6) Petitions to initiate factfinding or
			 interest arbitration submitted to the Board; or
(7) Strike notices submitted to the
			 Board.
Stat. Auth.: ORS
				  243.766(7),
				  240.086(3)
				  & OL 1997, Ch. 670
Stats. Implemented: ORS
				  192.410 -
				  192.505
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT › Section 115-040-0044 - Notice of Disclosure of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a mediation is of a type described
			 in OAR
			 115-040-0041(1),
			 the agency must provide written notice to all parties to the mediation and the
			 mediator informing them of the extent to which mediation communications may be
			 confidential.
(2) The notice
			 required by this rule must be in writing and must include:
(a) An explanation of the agency's role in
			 the mediation, including:
(A) Whether the
			 agency is a party; and
(B) Whether
			 the mediator is an employee, contractor or agent of the
			 agency.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0000 - Definition of Terms

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR
				115-010-0010010-0010.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  240
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0002 - Computation of Time

Current through Register Vol. 63, No. 7, July 1, 2024
See OAR
				115-010-0012.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  240.086(3)
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0005 - Filing of Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
An appeal must be in writing and filed not later than 30 days
				after the effective date of the action being appealed. An appeal shall be
				considered filed when it is received by the Board or postmarked, if mailed
				postpaid and properly addressed. Amendments or supplements to appeals will be
				accepted only on a showing of good cause. Failure to timely file may result in
				dismissal of the appeal.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  240
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0010 - Regular Employee Appeals from Suspension, Reduction in Pay, Demotion and Dismissal Actions

Current through Register Vol. 63, No. 7, July 1, 2024
An appeal under ORS
				240.560 must contain a detailed
				statement specifying:
(1) The action
			 being appealed;
(2) The reasons why
			 appellant believes the action was not in good faith for cause or was taken for
			 political, religious or racial reasons, or because of sex, marital status or
			 age; and
(3) The corrective action
			 being requested.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  240
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0017 - Appeals Concerning Temporary Appointments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A complaint filed under ORS
			 240.307 that alleges a violation
			 of ORS 240.309(temporary appointment
			 duration) must be in writing and must contain a detailed statement specifying:
(a) The action being appealed;
(b) The reason complainant believes that the
			 action violates ORS 240.309; and
(c) The corrective action being requested.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0020 - Other Appeals from Other Personnel Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 240.086, a classified employee
			 not in a bargaining unit may appeal any personnel action affecting the person
			 (including trial service removals) that is alleged to be arbitrary or contrary
			 to law, rule or policy, or taken for political reasons.
(2) The appeal must be in writing and must
			 contain a detailed statement specifying:
(a)
			 The action being appealed;
(b) The
			 reasons why the appellant believes the action was arbitrary, contrary to law,
			 rule or policy, or taken for political reasons; and
(c) The corrective action being requested.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0021 - Dismissal Appeals by Management Service Employees with Immediate Prior Regular Classified Service

Current through Register Vol. 63, No. 7, July 1, 2024
An appeal under ORS
				240.570 shall comply with OAR
				115-045-0005  and must contain a detailed statement specifying:
(1) The action being appealed;
(2) The reason(s) why the employee believes
			 that the action violated ORS
			 240.570 (and any related
			 statute); and
(3) The corrective
			 action being requested.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  240
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0023

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  240.086(3)
				  & 243
Stats. Implemented: ORS
				  240.570
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0025 - Record of Public Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board Agent may investigate and attempt to resolve the dispute with the
			 parties. If the case cannot be resolved within a reasonable time, the Board
			 Agent will schedule a hearing.
(2)
			 Time and Place of Hearings. The time and place of hearing will be set by the
			 Board Agent. At least ten days before the hearing, the Board Agent will serve a
			 notice of the hearing on the parties. The Board Agent will also provide the
			 agency head and any other interested party with a copy of the notice. Unless
			 the parties agree otherwise, the initial hearing date will be set within 30
			 days from the date that the appeal was filed.
(3) Postponements. When the parties to a hearing agree to a
			 postponement, they shall promptly submit a written request for postponement to
			 the Board Agent, who has the discretion to grant or deny the
			 request.
Stat. Auth.: ORS
				  240.086(3)
				  & ORS 243.766(7)
Stats. Implemented: ORS
				  240
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0030 - Conduct of Hearings

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)
				  & ORS 243.766(7)
Stats. Implemented: ORS
				  240
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  240.086(3)
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 45 - APPEALS, HEARINGS AND INVESTIGATIONS IN THE STATE SERVICE UNDER THE STATE PERSONNEL RELATIONS LAW › Section 115-045-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  240.086(3)
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 50 - REVIEW AND ENFORCEMENT OF STATE PERSONNEL RELATIONS ARBITRATION AWARDS › Section 115-050-0001 - Petition for Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 petition for enforcement of an arbitration award under ORS
			 240.086(2):
(a) May be filed only after at least 14 days
			 have elapsed since the date of the award;
(b) Need not be filed if the other party has
			 filed timely exceptions to the award under OAR
			 115-050-0010;
			 and
(c) Must be accompanied by a
			 copy of the award.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 50 - REVIEW AND ENFORCEMENT OF STATE PERSONNEL RELATIONS ARBITRATION AWARDS › Section 115-050-0010 - Written Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 written exception to an arbitration award, pursuant to ORS
			 240.086(2),
			 must:
(a) be filed with the Board within 14
			 days of the date of the award;
(b)
			 specify which paragraph(s) of ORS
			 240.086(2) is
			 (are) claimed as the basis for the exception, with a clear and concise
			 statement of the facts on which the exception is based; and
(c) be accompanied by a copy of the
			 award.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 50 - REVIEW AND ENFORCEMENT OF STATE PERSONNEL RELATIONS ARBITRATION AWARDS › Section 115-050-0020 - Answers to Petitions

Current through Register Vol. 63, No. 7, July 1, 2024
Submissions under OAR 115-050-0001  and OAR 115-050-0010  must
				comply with all other relevant rules regarding filings with the Board.
Stat. Auth.: ORS
				  240.086(3)
				  & ORS 243.766(7)
Stats. Implemented: ORS
				  240
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 50 - REVIEW AND ENFORCEMENT OF STATE PERSONNEL RELATIONS ARBITRATION AWARDS › Section 115-050-0030 - Hearings on Petitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 submission under OAR
			 115-050-0001  or OAR
			 115-050-0010  raises an issue of fact or law that warrants a hearing, the Board or Board
			 Agent shall conduct a hearing in accordance with OAR
			 115-045-0025  and OAR
			 115-045-0030  (where applicable).
(2) A party
			 that is excepting to an arbitration award or asserting that the award should
			 not be enforced has the burden of proof and the burden of going forward with
			 the evidence.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  240
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0000 - Representation Petitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Who may
			 file:
(a) A petition for certification of a
			 private employee representative may be filed by an employee, group of
			 employees, or any individual or labor organization acting in their behalf,
			 alleging that a substantial number of employees wish to be represented for
			 collective bargaining and that the employer declined to recognize their
			 representative;
(b) Petitions for
			 certification of private employee representative may be filed by a private
			 employer alleging that one or more individuals or labor organizations have
			 presented to it a request to be recognized or continue to be recognized as
			 exclusive representative and that the employer has a good faith doubt as to the
			 continued majority status of the incumbent labor organization based on
			 reasonable objective standards;
(c)
			 A petition for decertification may be filed by an employee or group of
			 employees, alleging that a substantial number of employees no longer want the
			 certified or recognized individual or labor organization to represent
			 them.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0010 - Contents of Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Certification of Private Employee Representative Filed by an Employee/Group of
			 Employees/Individual/Labor Organization. A petition for certification of
			 private employee representative filed by an employee/group of
			 employees/individual/labor organization, shall contain the following:
(a) Name, address, telephone number of the
			 private employer, as well as the name of a multi-employer association, if such
			 organization is involved in the unit requested;
(b) The address(es) of the establishment
			 involved;
(c) The general nature of
			 the employer's business;
(d) A
			 description of the bargaining unit claimed to be appropriate for the purpose of
			 exclusive representation by the petitioner. Such description shall indicate the
			 general classifications of employees sought to be included and those sought to
			 be excluded and the approximate number of employees in the unit claimed to be
			 appropriate;
(e) Name, address and
			 telephone number of the recognized or certified exclusive representative, if
			 any, and the date of prior certification or recognition and the expiration date
			 of any applicable contract, if known to the petitioner;
(f) Names, address(es) and telephone numbers
			 of any other interested labor organizations, if known to the
			 petitioner;
(g) Whether a strike or
			 picketing is in progress at the establishment involved, and, if so, the
			 approximate number of employees participating, and the date such strike or
			 picketing commenced;
(h) A
			 statement as to whether a valid election has been held within the alleged unit
			 or at the establishment within the preceding 12 months;
(i) Any other relevant facts;
(j) Name and affiliation, if any, of the
			 petitioner and its address and telephone number;
(k) The signature of the petitioner's
			 representative, including his title and telephone number;
(l) A petition shall be accompanied by a
			 showing of interest of not less than 30% of the employees in the unit alleged
			 to be appropriate. "Showing of interest" means the evidence of support a
			 petitioner must show in a bargaining unit or proposed bargaining unit before
			 its petition will be acted upon. The showing may be made by authorization cards
			 or petitions which must include a statement of a desire by affected employees
			 to be represented by the petitioner for the purposes of collective bargaining
			 and which must be signed and dated by employees in the unit during the 90 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 in the unit, to which the petitioning organization was a
			 party;
(m) If a petition was filed
			 with the National Labor Relations Board, state what action, if any, was
			 taken.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0015 - Timeliness of Petitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Election
			 Bar. No election may be held for a bargaining unit or a subdivision of one in
			 which a valid election has been held during the preceding 12-month
			 period.
(2) Contract Bar. No
			 representation election shall be conducted during the term of any lawful
			 collective bargaining agreement between an employer and a labor organization.
			 However, an agreement with a term of more than three years shall be a bar for
			 only the first three years of its term.
(3) Certification Bar. The certification of
			 an exclusive bargaining representative will serve as a bar to an election for a
			 period of one year from the date of certification unless:
(a) The certified labor organization has
			 dissolved or has become defunct; or
(b) A schism developed in the certified labor
			 organization so that it cannot effectively represent bargaining unit members;
			 or
(c) The size of the bargaining
			 unit has fluctuated radically within a short period of time; or
(d) Other changed circumstances warrant
			 waiver of the certification bar.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0020 - Validity of Showing of Interest

Current through Register Vol. 63, No. 7, July 1, 2024
The showing of interest submitted pursuant to OAR
				115-060-0010(1) and (3)  shall not be furnished to any of the parties. The Board
				or its agents shall determine the adequacy of the showing of interest and such
				decision shall not be subject to collateral attack.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.025
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0025 - Withdrawal or Dismissal of Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Withdrawal of Petition. A petitioner may
			 withdraw its petition with the approval of the Board or its agent. If a
			 petition is withdrawn after the Recommended Order is issued, the withdrawal
			 will be granted with prejudice and the petitioner may not submit a new petition
			 for the bargaining unit for a period of six months from the date the withdrawal
			 was approved.
(2) Dismissal of
			 Petition. If the Board Determines after an investigation that the petition has
			 not been timely or properly filed, that no valid question concerning the
			 representation of employees exists in an appropriate unit, or that the petition
			 should not be processed for other reasons, it may request the party filing such
			 a petition to withdraw the petition without prejudice or, in the absence of
			 such withdrawal, it may dismiss the petition. Such action may be taken by the
			 Board at any time prior to the closing of the case. A petitioner may, within 14
			 days of the date of service of the dismissal, request reconsideration of such
			 action by the Board. This request shall contain a complete statement setting
			 forth the facts and reasons upon which the request is based. On its own motion,
			 the Board may or may not hear oral argument on a request for reconsideration.
			 The Board may affirm the dismissal, or set the dismissal aside and remand the
			 matter for hearing.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.025
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0028 - Posting Notice of Petition

Current through Register Vol. 63, No. 7, July 1, 2024
Upon receipt of a petition under OAR 115-060-0000, a Board
				Agent will cause a notice of the petition to be posted in the work areas
				granting maximum access to the employees in the existing or proposed unit.
				Copies of the notice shall be served on the private employer and any known
				exclusive representative. The notice shall set forth:
(1) The name of the petitioning organization
			 or employer;
(2) A description of
			 the unit involved; and
(3) A
			 statement that parties and interested persons will have 14 days from the date
			 of the notice to file:
(a) Objections to the
			 appropriateness of the proposed unit;
(b) Objections to the positions to be
			 included or excluded;
(c) Any other
			 objections to the petition;
(d)
			 Petition to intervene as provided in OAR 115-060-0030.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0030 - Intervention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employee, a
			 group of employees or an individual or labor organization acting in their
			 behalf may intervene as a candidate for representation of the bargaining unit
			 if it files a motion to intervene and supports its motion with a showing of
			 interest of ten percent of the employees in the bargaining unit. A labor
			 organization may intervene for the purpose of representing a bargaining unit of
			 employees different than that sought by the petitioner, but including some of
			 the employees in the bargaining unit proposed by the petitioner. In such case,
			 it must file a motion supported by a showing of interest of 30% percent of the
			 employees in its proposed unit.
(2)
			 A labor organization currently certified or recognized as the exclusive
			 representative of all or a major portion of the employees in the requested
			 bargaining unit will be included as a party in interest in any hearing on the
			 petition and included on the ballot in any resulting election unless it files a
			 disclaimer pursuant to OAR 115-060-0055(3).
Stat. Auth.: ORS 240 & ORS 243
Stats. Implemented: ORS
				  663.025
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0035 - Consent Election Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
The parties may waive a hearing and enter into a consent
				election agreement. Such agreement shall include a description of the
				bargaining unit, time and place of the election and the payroll period to be
				used in determining the employees eligible to vote. The bargaining unit set out
				in the consent agreement shall be deemed an appropriate bargaining unit when
				the consent agreement is approved by the Board or its agent. The parties may
				agree to a mail ballot election with the approval of the Board or its
				agent.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.025
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0040 - Hearing on Petitions; Notice; Conduct and Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
When a valid petition has been filed and the parties, including
				timely objectors or intervenors, after a reasonable time, are unable to settle
				the issues raised by the petition in a manner approved by a Board agent, the
				matter shall be set for hearing. Ten days' written notice of hearing shall be
				given to all parties. The notice shall include, but need not be limited
				to:
(1) Notice:
(a) A statement of the time, place and nature
			 of the hearing;
(b) A description
			 of any proposed bargaining unit(s) which may be involved;
(c) The name of the private employer,
			 individual, labor organization, objectors and intervenors, if any;
			 and
(d) A statement of the legal
			 authority and jurisdiction under which the hearing is being held.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0045 - Appropriate Bargaining Unit(s)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 bargaining unit may consist of all employees of the employer, craft unit, plant
			 unit, or subdivision thereof, if found to be appropriate by the Board. See ORS
			 663.020(1)(a), (b) and
			 (c) for statutory exceptions.
(2) In considering whether a bargaining unit
			 is appropriate, the Board shall consider such factors as community of interest
			 (e.g., similarity of duties, skills, benefits, interchange or transfer of
			 employees, promotional ladders, common supervisor, etc.), wages, hours and
			 other working conditions of the employees involved the history of collective
			 bargaining and the desires of the employees. The Board may determine a unit to
			 be an appropriate unit although some other unit might also be
			 appropriate.
(3) Bargaining unit(s)
			 shall not include statutory exclusions as defined in ORS
			 663.005(3)(a) through
			 (i).
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.020
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 60 - PRIVATE EMPLOYEE REPRESENTATION › Section 115-060-0050 - Notice of Election; Improper Use of Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notices of election shall be furnished by
			 a Board agent to the private employer for suitable posting. Such notices shall
			 set forth the details and procedures for the election, the appropriate unit,
			 the employee eligibility period, and date(s), hour(s) and place(s) of the
			 election and shall contain a sample ballot. The private employer shall promptly
			 post notices in areas giving maximum access to affected employees.
(2) The reproduction of any document
			 purporting to be a copy of the Board's official ballot, other than one
			 completely unaltered in form and content and clearly marked "sample" on its
			 face, which suggests either directly or indirectly to employees that the Board
			 endorses a particular choice, may constitute grounds for setting aside an
			 election upon objections properly filed or upon motion of the Board.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.030
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 65 - PRIVATE EMPLOYEE DEAUTHORIZATION OF UNION SECURITY AGREEMENT › Section 115-065-0000 - Deauthorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Petition:
(a) A petition to rescind the provision in
			 the bargaining agreement between a private employer and a labor organization
			 requiring as a condition of employment membership in such labor organization
			 may be filed by an employee or group of employees. The petition must be
			 accompanied by a statement signed by 40 percent or more of the employees in the
			 bargaining unit stating that they desire to rescind the union security
			 agreement;
(b) Such petition shall
			 be filed in writing with the Board on a form provided by the Board and shall be
			 filed with the Board;
(c) Upon
			 receipt of the petition, the Board or its agent shall serve a copy thereof upon
			 the parties disclosed in the petition.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0000 - Filing an Unfair Labor Practice Charge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Who May File. An injured party may file a
			 charge alleging that a person(s) has engaged in or is engaging in an unfair
			 labor practice. Such charge shall be filed in triplicate with the Board on
			 forms provided by the Board.
(2)
			 Content of Charge. The charge shall contain the following information:
(a) The name and address of the person making
			 the charge;
(b) The name and
			 address of the person(s) against whom the charge is made;
(c) A description of the nature of the
			 business involved;
(d) A clear and
			 concise statement of the facts constituting each alleged violation followed by
			 the specific section and subsection of the law allegedly violated. Such
			 statements shall include the names of persons committing specific complained of
			 acts and the dates when such acts allegedly occurred; and
(e) The signature of the person filing the
			 charge.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0005 - Investigation of Charge

Current through Register Vol. 63, No. 7, July 1, 2024
A Board agent shall investigate the charge to determine if an
				issue of fact or law exists which warrants issuance of a
				complaint.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.180
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0010 - Action When Complaint not Issued

Current through Register Vol. 63, No. 7, July 1, 2024
If investigation reveals that no issue of fact or law exists
				which warrants issuance of a complaint, the Board may decline to issue a
				complaint. Such declination shall be in writing explaining the grounds
				thereof.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.180
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0015 - Petition for Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
The charging party shall have 14 days from the date of service
				to file objections to the declination to issue a complaint and request
				reconsideration by the Board. This request shall contain a complete statement
				setting forth the facts and reasons upon which the request for reconsideration
				is based. The charging party shall serve a copy of the request upon all parties
				of record in the case. The Board, at its discretion, may grant reconsideration.
				In reviewing a petition for reconsideration, the Board may set the issue for
				oral argument.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.180
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0020 - Issuance of Complaint and Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
If it appears to the Board that proceedings on the charge
				should be instituted, it shall issue a cause to be served on all affected
				parties a formal complaint in the name of the Board and a notice of hearing
				before a Board agent at a place therein fixed and at a time not less than 20
				days after service of the complaint and notice of hearing. The complaint and
				notice of hearing shall be served personally or by certified
				mail.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.180
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0025 - Withdrawal of Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
Any complaint issued by the Board may be withdrawn by it prior
				to the hearing.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.185
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0030 - Amendment of Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
A complaint may be amended by the Board at its discretion at
				any time before the issuance of an order based thereon.
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  663.185
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0035 - Answer to the Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Answer.
			 The 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 shall state in the answer that he/she 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. The answer will be
			 deemed sufficient if it generally denies all allegations of the complaint.
			 Respondent shall specifically admit by way of answer any undisputed allegations
			 and shall set forth any affirmative defenses.
(2) Service of Answer. Upon filing an answer,
			 the respondent shall serve a copy upon the charging party or his/her attorney
			 of record. Proof of such service, setting forth the time and manner thereof,
			 shall be filed with the answer.
(3)
			 Filing Fee. A filing fee of $300 must be paid by the respondent when the answer
			 is filed. The answer will not be considered to be filed until the fee is
			 paid.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  663.185(2)
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0040 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
Notice of Hearings:
(1) Time and Place of Hearings. The time and
			 place of hearing will be contained in the complaint and notice of
			 hearing.
(2) Postponements. Any
			 party who desires a postponement shall promptly, upon receipt of notice of the
			 hearing, make written request of the Board Agent for such postponement, stating
			 the reason therefor in detail. The Board Agent, in considering a request for
			 postponement, shall consider whether such request was promptly made. For good
			 cause shown, the Board Agent may grant such postponement and may, at any time,
			 order a postponement upon his/her own motion.
(3) Consolidation or Severance of Cases. The
			 Board Agent on motion of a party or on the Board Agent's own motion may
			 consolidate or sever cases or charges for purposes of hearing and/or issuance
			 of a recommended order.
Stat. Auth.: ORS 240 & ORS 243
Stats. Implemented: ORS
				  663.185
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0045 - Conduct of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 Procedure:
(a) The Board Agent will open the
			 hearing with a brief introduction of parties and issues;
(b) Parties may make opening
			 statements;
(c) Parties may present
			 evidence in support of their respective positions. Cross-examination of
			 witnesses will be allowed opposing party(ies);
(d) Parties may make closing
			 arguments.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0050 - Motions; Intervention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Motions.
			 All motions, including motions for intervention, shall be typewritten or, if
			 made at the hearing, may be stated orally on the record and shall briefly state
			 the order or relief sought and the grounds for such motion. Written motions
			 shall be filed with the Board agent, together with proof of service of a copy
			 thereof upon the other parties.
(2)
			 Motions to Intervene. Any person desiring to intervene in any proceeding shall
			 make a motion for intervention no later than seven days before the date set for
			 hearing, stating the grounds upon which such person claims to have an interest
			 in the proceeding. The Board Agent may permit intervention to such extent and
			 upon such terms as he/she may deem proper.
(3) Filing Fee. A filing fee of $300 must be
			 paid by the intervenor when the motion for intervention is filed. The motion
			 will not be considered to be filed until the fee is paid.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  663.185(2)
				  & ORS 663.190
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 70 - UNFAIR LABOR PRACTICE CHARGES IN PRIVATE EMPLOYMENT › Section 115-070-0055 - Post-Hearing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Recommended Order. The Board agent shall prepare and serve on the parties a
			 Recommended Order consisting of Rulings on Motions and Evidentiary Matters,
			 Findings of Fact, Conclusions of Law and a Recommended Order.
(2) Objections to Recommended Order. The
			 parties shall have 14 days from date of service of the Recommended Order to
			 file specific written objections with the Board. (See also OAR
			 115-010-0090.)
(3) Board Review:
(a) Oral or Written Argument. If objections
			 are filed to the Recommended Order, parties will be given an opportunity to
			 present oral argument to the Board. If a party desires to submit written
			 argument in lieu of oral argument, it must be filed with the Board and served
			 on the parties not less than five days before the date set for argument. The
			 party filing the written argument shall provide proof of service to the
			 Board;
(b) Memorandum in Aid of
			 Oral Argument. If parties wish to submit written memorandum in aid of oral
			 argument in addition to argument, it must be filed with the Board not less than
			 five days before the date set for oral argument and copies must be served upon
			 parties of record. Parties shall provide the Board with proof of
			 service;
(c) Review of Record.
			 Review by the Board of a Board agent's Proposed Rulings on Motions and
			 Evidentiary Matters, Findings of Fact, Conclusions of Law and a Recommended
			 Order shall be confined to the record. The Order of the Board shall be in
			 writing and shall be sent to the parties.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 1 - PROCEDURAL RULES › Section 122-001-0000 - Notice of Proposed Adoption, Amendment, or Repeal of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with ORS 183.335(5), the Department of Administrative Services, Budget and Management Division, shall give notice of the intended action:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action;
(2) By mailing a copy of the notice to persons on the Department of Administrative Service's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule. (ORS 183.335(1)(c);
(3) By mailing notice to certain legislators at least 49 days before the effective date of the rule. (ORS 183.335(1)(d); and
(4) By mailing or furnishing a copy of the notice to:
(a) The Associated Press;
(b) State Agency Administrators; and
(c) The Capitol Building Press Room.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 1 - PROCEDURAL RULES › Section 122-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General's Model Rules of Procedure under the Administrative Procedures Act (October 3, 2001) are hereby adopted by reference as general administrative procedural rules of the Department of Administrative Services and the Budget and Management Division.
The full text of the Attorney General's Model Rules of Procedure is available from the agency.
Stat. Auth.: ORS 183
Stats. Implemented: ORS 183
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 1 - PROCEDURAL RULES › Section 122-001-0050 - Continuing Resolution for State Agency Expenditure Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A state agency, as defined in House Bill
			 5046 (Oregon Laws 2023), that does not have a budget that has become law by
			 June 30, 2023, may incur obligations and authorized expenditures to continue
			 operations into the 2023-2025 biennium at:
(a)
			 The agency's 2021-2023 eighth quarter expenditure level; or
(b) For the Department of Human Services, the
			 agency's 2021-2023 sixth quarter expenditure level; or
(c) For the Oregon Health Authority, the
			 agency's 2021-2023 fourth quarter expenditure level; or
(d) An alternative expenditure level, which
			 may be a higher or lower level under an updated appropriation structure as
			 approved by the Chief Financial Office. In establishing an alternative
			 expenditure level, the Chief Financial Office shall consider pending
			 legislative budget direction.
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 40 - REPORTING OF SUBSTANTIVE PROGRAMS CHANGES › Section 122-040-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, unless the context requires otherwise:
(a) "State agency" has the meaning given that term in ORS 291.002;
(b) "Director" means the Director of the Department of Administrative Services; and,
(c) "Program" means an activity or a series of related activities that a state agency performs to fulfill its constitutional or statutory duties and that is identified, by name or otherwise with particularity, in: the Oregon Constitution or an Oregon law, including but not limited to a statute making appropriations to the state agency; a budget report and measure summary issued by the Legislative Assembly relating to the budget for the state agency that the Legislative Assembly most recently enacted into law or the Emergency Board most recently amended; a state agency performance measure developed under ORS 291.110, or link to an Oregon Benchmark approved under 285A.168(2).
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 40 - REPORTING OF SUBSTANTIVE PROGRAMS CHANGES › Section 122-040-0050 - Report Filing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later than fourteen days after the conclusion of each calendar quarter, a state agency shall report on and describe to the director any substantive program changes made during that calendar quarter.
(2) No later than thirty-five days after the conclusion of the calendar quarter, the director shall deliver a report on all substantive program changes made by state agencies during the calendar quarter, or deliver a report that no substantive program changes have been made during the calendar quarter, to the President of the Senate, Speaker of the House of Representatives, and the Legislative Fiscal Officer.
(3) The director may develop reporting forms for purposes of state agency reports required under subsection (1) of this section.
(4) A state agency need not submit a report to the director if it has not made any substantive program changes during the calendar quarter.
Stat. Auth.: ORS 291.373
Stats. Implemented: ORS 291.373(2)
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 40 - REPORTING OF SUBSTANTIVE PROGRAMS CHANGES › Section 122-040-0060 - Failure to Report Substantive Program Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A state agency that fails to report a substantive program change in a timely manner as required under subsection (1) of 122-040-0020 above shall immediately report to the director.
(2) The report to the director shall include: description of the substantive program change; information on the timing of the substantive program change and the date that the change should have been reported to the director; and, explanation of why the substantive program change was not reported as required.
(3) The director shall submit a list identifying any substantive program changes that state agencies failed to report with the report submitted to the President of the Senate, Speaker of the House of Representatives, and the Legislative Fiscal Officer required under subsection (2) of this section. The list shall include the information submitted to the department by the state agency under subsection (2) of this section, and shall indicate whether the failure to report was identified by the state agency or discovered by another party.
Stat. Auth.: ORS 291.373
Stats. Implemented: ORS 291.373(2)
Oregon Administrative Rules › Chapter 122 - DEPARTMENT OF ADMINISTRATIVE SERVICES, CHIEF FINANCIAL OFFICE › Division 50 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICE CONTRACTS ENTERED INTO BY THE OREGON AGRICULTURAL COMMODITY COMMISSIONS › Section 122-050-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Agricultural Commodity Commissions (OACC) occasionally require the services of an outside party to accomplish all or part of a project. The purpose of these rules is to specify the screening and selection procedures which will be used for personal service contracts.
Stat. Auth.: ORS 183.335(5)
Stats. Implemented: