reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 114 - LONG TERM CARE OMBUDSMAN › Division 5 - ACCESS, INVESTIGATION AND REPORTING PROCEDURES › Section 114-005-0040 - Confidentiality of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The identity
			 of residents, complaints or person providing information on behalf of the
			 resident or complainant shall be confidential and shall not be disclosed unless:
(a) The resident or resident's legal
			 representative gives written consent that the resident's identity may be
			 disclosed and specifies to whom the disclosure may be made;
(b) The complainant or the complainant's legal
			 representative gives written consent that the complainant's identity may be
			 disclosed and specifies to whom the disclosure may be made;
(c) The person providing information on behalf
			 of the resident or complainant gives written consent which states that the
			 person's identity may be disclosed and specifies to whom the disclosure may be
			 made; or
(d) A court orders
			 disclosure.
Oregon Administrative Rules › Chapter 114 - LONG TERM CARE OMBUDSMAN › Division 6 - PROGRAM INTERFERENCE › Section 114-006-0000 - Interference with Ombudsman Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 person shall willfully interfere with the performance of the Ombudsman or a
			 designee's official duties.
(2)
			 Individuals interfering with the Ombudsman or designee's official duties will be
			 referred to the appropriate agency for sanctions or other actions.
Stat. Auth.: ORS 441
Stats. Implemented:
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 1 - PROCEDURAL RULES › Section 115-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before permanently adopting, amending, or repealing any rule, the Employment
			 Relations Board shall give notice of the intended action:
(a) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least 21 days before
			 the effective date of the rule.
(b)
			 By delivering a copy of the notice to persons on the Employment Relations
			 Board's mailing list established pursuant to ORS
			 183.335(8).
(c) By delivering a copy of the notice to the
			 legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective date of the rule.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 1 - PROCEDURAL RULES › Section 115-001-0005 - Model Rules of the Attorney General

Current through Register Vol. 63, No. 7, July 1, 2024
The Employment Relations Board adopts only the Attorney
				General's Model Rules of Procedure specifically identified in these
				rules.
The full text of the Attorney General's Model Rules of
				  Procedures is available from the
				  agency.
Stat. Auth.: ORS
				  183.341,
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  183.341, 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0000 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to implement and give effect to
				the provisions of state law in achieving the following objectives:
(1) To provide uniform procedures to resolve
			 questions of representation, unit clarification and deauthorization.
(2) To remedy statutorily defined unfair
			 labor practices.
(3) To render
			 assistance to employers and employee organizations in resolving their
			 differences without resort to strikes, lockouts or other forms of
			 conflict.
(4) To foster and protect
			 a merit system of personnel administration in state government.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0005 - Statutory Authority for Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are adopted under the authority provided by ORS
				240.086(3) and
				243.766(7).
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0012 - Computation of Time

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise specifically provided in these rules, time
				will be computed by excluding the first day and including the last day unless
				the last day falls upon a legal holiday, Saturday, or a day when the office is
				closed before the end of or all of the normal workday, in which case the last
				day also is excluded.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0020 - Board Meetings and Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
Ordinarily, contested case hearings shall be open to the
				public. When circumstances warrant, the Board may close contested case
				hearings. The Board shall meet at such times and places as specified by the
				chair or at the request of two members of the Board. Advance notice of the time
				and place of each meeting shall be given to each Board member. Two members
				shall constitute a quorum.
Stat. Auth.: ORS
				  240.086(3)
				  & 243.766(7)
Stats. Implemented: ORS
				  192.610 - 192.690,
				  240.080
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0025 - Record of Public Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
Any minutes of Board public meetings and proceedings shall be
				approved by the Board.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240,
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0032 - Board Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Inspection. Any record of the Board that is defined as a public record under
			 ORS 192.410 to
			 192.505, and that is not exempt
			 from disclosure, shall be available for inspection by members of the public at
			 the office of the Board, in Salem, Oregon. All requests for inspection or
			 copies of Board public records must be made in writing. Inspection of such
			 records will be permitted:
(a) During normal
			 work hours of the Board; and
(b) At
			 reasonable times, provided there is no undue disruption of the work of the
			 Board or its agents.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0033 - Filings and Service of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) Any document required or allowed to be
			 filed with the Board or served on a party may be filed or served by mail,
			 email, facsimile (fax), in person, or through the Board's online case
			 management system. The Board shall post on its website the street address for
			 personal delivery, the mailing address for filing by mail, the telephone number
			 for filing by fax, the email address to be used for email filing, and the
			 website address for the online case management system.
(b) A complaint or answer will not be
			 considered filed until the filing fees required by ORS
			 243.672(6)
			 have been paid.
(c) The Board will
			 charge $25 for each facsimile filing.
(d) If a physical document is filed at the
			 Board's office (e.g., by mail or other delivery service) and received by the
			 Board by 5:00 p.m. Pacific Time on a business day, then the document is
			 considered to be filed on that business day. A physical document received after
			 5:00 p.m. Pacific Time is considered to be filed on the following business day.
			 If a document is filed by email, fax, or the Board's online case management
			 system, and the Board's record indicates that the Board received the document
			 on or before 11:59 p.m. Pacific Time on a business day, then the document is
			 considered to be filed on that business day. Midnight is considered the
			 beginning of the following day. A document filed by any means on a non-business
			 day is considered to be filed on the following business day.
(e) Fax filing is considered complete upon
			 receipt of the entire fax transmission by Board. The time of receipt indicated
			 by the Board's fax machine constitutes the time of receipt.
(f) Filing by email or the online case
			 management system is considered complete upon receipt of the entire electronic
			 transmission by the Board. The Board's metadata created by the successful
			 transmission of the email or the online case management system filing
			 constitutes the time of receipt.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0035 - Use of Board Agents

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may assign a Board Agent to hold any hearing that the
				Board is authorized to hold. Typically, the Board will assign an Administrative
				Law Judge (ALJ) as the Board Agent to conduct hearings and issue Recommended
				Orders.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0040 - Time, Place, and Notice of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board Agent shall set the time and
			 place for hearing and serve a notice of hearing containing such information on
			 all interested parties at least ten days before the hearing date, unless
			 otherwise agreed to by the parties.
(2) The notice is not a part of the hearing
			 record, and any party wishing to rely on a notice as an exhibit shall make an
			 appropriate submission at the hearing.
(3) Notice for Hearings on Representation
			 Petitions under Division 25. When a valid petition has been filed and
			 objections or intervening petitions have been timely filed, the hearing
			 generally will be held within 21 days after the objection period ends. In
			 addition to the requirements of subsection (1) of this section, the notice
			 shall include:
(a) a description of any
			 proposed bargaining unit(s) that may be involved; and
(b) any objector(s) or
			 intervenor(s).
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0043 - Hearings by Electronic Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Board or Board Agent has the discretion to conduct a hearing or portion of
			 a hearing by an electronic device, such as telephone, video, and Internet
			 devices.
(2) A party seeking to
			 have a hearing or to offer evidence by an electronic device shall make the
			 request at least ten days before the scheduled hearing date. Less notice may be
			 allowed, if the Board or Board Agent determines that there is good cause for
			 the late notice.
(3) In determining
			 whether to grant a request that all or part of a hearing be conducted by an
			 electronic device, the Board or Board Agent shall consider the circumstances of
			 the particular case including:
(a) The amount
			 of notice given;
(b) The
			 availability of equipment;
(c) The
			 length of hearing;
(d) The amount
			 of documentary evidence to be utilized during the proposed testimony;
(e) The number and location of
			 witnesses;
(f) The degree to which
			 witness credibility is at issue;
(g) The hardship on the parties or
			 witnesses;
(h) Any objections of an
			 opposing party; and
(i) The cost
			 to the Board.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0045 - Motions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A request for any ruling, order, or other
			 relief may be made by filing a typewritten motion. The motion need not be in
			 any particular form.
(b) Motions to
			 Intervene. Any motion to intervene must be filed with the Board or Board Agent
			 at least seven days before the hearing. The motion shall state the grounds on
			 which the motion should be granted. The decision to grant or deny the motion
			 rests within the discretion of the Board or Board Agent. A filing fee of $300
			 must be paid by the intervenor when the motion is filed. The motion will not be
			 considered filed until the fee is paid.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0050 - Rules of Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
Except for hearings conducted under the rules for Divisions 60
				and 70, the following rules of evidence apply:
(1) Evidence of a type commonly relied on by
			 reasonably prudent persons in conduct of their serious affairs shall be
			 admissible.
(2) Irrelevant,
			 immaterial or unduly repetitious evidence shall be excluded.
(3) All offered evidence, not objected to,
			 may be received by the Board or Board Agent subject to the Board or Board
			 Agent's discretion to exclude irrelevant, immaterial or unduly repetitious
			 matter.
(4) Evidence objected to
			 may be received by the Board Agent with rulings on its admissibility or
			 exclusion to be made at the time a Recommended Order is issued.
(5) Rights of Party not Answering or Failing
			 to Specifically Deny an Allegation. If the respondent fails to file a timely
			 answer, it will not be allowed to present evidence at the hearing as to the
			 facts alleged, unless it can establish good cause. Respondent will be
			 restricted to making legal arguments.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0055 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subpoena for
			 the attendance of witnesses or for the production of records or other documents
			 may be issued by an attorney of record in the manner and form prescribed by ORS
			 183.440.
(2) On its own motion, the Board or Board
			 Agent may issue such a subpoena.
(3) The Board or Board Agent generally will
			 not issue a subpoena on a party's request, unless the party is not represented
			 by an attorney or the party establishes that it is necessary for the Board to
			 issue the subpoena on the party's behalf.
(4) Subpoenaed witnesses shall receive fees
			 and mileage as prescribed by ORS
			 44.415 for witnesses in civil
			 proceedings. The fees and mileage shall be paid by the person that asks for the
			 subpoena to be issued.
(5) All
			 subpoenas shall be served within a reasonable time before the hearing or date
			 designated for the production of records or documents.
(6) Any party desiring to contest a subpoena
			 issued in any hearing of the Board may do so by filing a motion to
			 quash.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0060 - Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All testimony
			 to be considered at a hearing, except matters officially noticed or entered by
			 stipulation, shall be sworn or affirmed.
(2) Refusal of a witness to answer any
			 question ruled to be proper shall, in the discretion of the Board or Board
			 Agent, be grounds for excusing the witness or striking any or all testimony
			 given by the witness.
(3) A party
			 may not call the opposing party's representative as a witness, unless it shows
			 that such testimony is necessary and will not be cumulative or repetitive.
			 Notice of intention to call the opposing party's representative as a witness,
			 together with a supporting affidavit, must be filed with the Board no later
			 than 14 days before the hearing date.
(4) Subsection (3) of this rule does not
			 apply to a party appearing pro se.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0065 - Depositions

Current through Register Vol. 63, No. 7, July 1, 2024
The Board or Board Agent may order the taking of depositions
				for perpetuation of testimony. A request for deposition to perpetuate testimony
				shall be filed with the Board in a timely manner so that, if ordered, it can be
				taken in sufficient time to be prepared for use in any hearing scheduled on a
				complaint or petition, unless all parties agree to a continuance to accomplish
				same. The request shall set forth the name and address of the witness,
				materiality of testimony, reasons why perpetuation of such testimony is
				required, and specify the time that the deposition will be completed. The
				request shall ask for an order that the testimony of such witness be taken at
				no expense to the Board, before an officer authorized to administer oaths under
				state law, and shall set forth the name of such officer, and the time and place
				for said deposition.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0068 - Prehearing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board or Board Agent may convene prehearing conferences with the parties'
			 representatives for the purpose of:
(a)
			 Scheduling hearing dates, witnesses for hearing and further prehearing
			 conferences;
(b) Disposing of
			 pending motions;
(c) Formulating
			 and simplifying issues;
(d)
			 Discussing settlement of any or all of the issues;
(e) Avoiding submission of unnecessary or
			 cumulative exhibits or other evidence;
(f) Stipulating to facts;
(g) Discussing the need for any special
			 hearing procedures; and
(h)
			 Discussing any other matters that may assist in the disposition of the
			 matter.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0070 - Conduct of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The Board or Board Agent will open the
			 hearing with a brief introduction of parties and issues.
(b) Parties shall enter appearances at the
			 beginning of the hearing.
(c)
			 Parties may make opening statements.
(d) Parties may present evidence in support
			 of their respective positions. Parties shall be allowed to cross-examine
			 witnesses and object to offered evidence.
(e) A party may make oral or written closing
			 argument.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0075 - Conduct at Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
All parties to hearings, their counsel, and spectators shall
				conduct themselves in a respectful manner. Failure to comply with the Board
				Agent's effort to retain order is grounds for removal from the hearing.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0077 - Briefs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following the
			 hearing or the submission of stipulated facts, the Board Agent or Board shall
			 consult with the parties and set a date for the submission of post-hearing
			 briefs.
(2) Briefs must contain a
			 summary of pertinent facts and must contain a discussion of all issues the
			 party seeks to have considered. Failure to address disputed claims or defenses
			 during the hearing or brief may be considered a withdrawal and thus such claims
			 or defenses may be disregarded by the Board Agent or Board.
(3) Briefs shall be in conformance with the
			 following format:
(a) Briefs must be captioned
			 with the Board case title and number.
(b) Briefs shall not exceed 30 pages,
			 exclusive of cover pages, tables of contents, tables of authorities, indexes,
			 and certificates of service. The Board Agent or Board has discretion to permit
			 the parties to files pages in excess of 30 pages. Any brief submitted in excess
			 of its permitted length or otherwise in non-conformance may result in all
			 additional pages over the allowed amount being struck from the record and given
			 no consideration.
(c) Briefs should
			 be double-spaced, in 12-point Times New Roman or similarly readable font, with
			 one-inch margins on the top, bottom, left, and right. Block quotes may be
			 single-spaced with off-set margins. Footnotes may be in 11-point Times New
			 Roman or similarly readable font and single-spaced.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0080 - Board Employees as Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
A Board employee may not be called and may not appear as a
				witness in a case before the Board, without approval of the Board.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0085 - Recommended Order

Current through Register Vol. 63, No. 7, July 1, 2024
Unless a majority of the Board hears the case or considers the
				entire record, the Board Agent shall issue a Recommended Order and serve a copy
				on each party.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0090 - Objections to Board Agent's Recommended Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The parties shall have 14 days from the
			 date of service of a Recommended Order to file specific written objections with
			 the Board. Upon good cause shown, the Board may extend the time for filing
			 objections.
(2) If one party has
			 filed objections as set forth in subsection (1), but the other party has not,
			 the party that has not objected may file cross-objections within 7 days of the
			 service of the objections.
(3) If a
			 party fails to comply with subsections (1) and (2) of this rule, then any
			 objections or cross-objections shall be deemed invalid and disregarded by the
			 Board in making a final determination in the case.
(4) If no objections are timely filed, then
			 the Board shall adopt the Recommended Order as the Final Order.
(5) Where the Board adopts a Recommended
			 Order under section (4) of this rule, that Final Order is precedential unless
			 the Board determines to make some or all of that Final Order non
			 precedential.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0095 - Board Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If timely
			 objections are filed, 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 at least five days before the
			 date set for argument. The written argument shall be typewritten, double-spaced
			 on letter-sized paper, and no more than 30 pages, unless the Board approves a
			 greater page limit.
(2) When oral
			 argument is provided, a party may submit a written memorandum in aid of oral
			 argument. Any such written memorandum must be filed with the Board at least
			 five days before the date set for oral argument. Any memorandum shall be
			 typewritten, double-spaced on letter sized paper, and no more than 25 pages,
			 unless the Board approves a greater page limit. The Board may strike any
			 memorandum in aid of oral argument that does not comply with these
			 rules.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0100 - Petitions for Reconsideration or Rehearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party has 14 days from the date of
			 service of a Board order to petition for reconsideration or rehearing. Any
			 petition for reconsideration or rehearing must specifically state the ground(s)
			 for the petition.
(2) Petition for
			 Rehearing.
(a) A petition for rehearing asks
			 the Board to return the matter to the ALJ for the purpose of submitting
			 additional evidence.
(b) A petition
			 for rehearing shall be granted only if the petitioner establishes that the
			 petitioner would be unduly prejudiced if the petition was denied. If the basis
			 for the petition is based on previously unavailable evidence, the petitioner
			 must establish that the evidence could not reasonably have been discovered and
			 produced at the hearing.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0103 - Amicus Curiae

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board
			 will accept amicus curiae briefs that are received by the Board (and served on
			 all parties) within 21 days after objections to the Recommended Order are filed
			 with the Board, or, when an appellate court has remanded the matter to the
			 Board, within 14 days of the appellate judgment. The Board may extend the
			 filing date at its discretion.
(2)
			 An amicus brief must be typewritten with double spacing on letter-sized paper
			 and no more than 20 pages.
(3)
			 Amicus curiae shall not be allowed to orally argue the case, unless authorized
			 by the Board.
(4) The Board, at its
			 discretion, may invite the filing of amicus curiae briefs. In such
			 circumstances, the Board will set a briefing schedule.
Stat. Auth.: ORS
				  240.086(3),
				  243.766(7)
Stats. Implemented: ORS 240 &
				  243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0105

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 243
Stats. Implemented: ORS
				  240.086(3), ORS
				  243.766(7)
				  & ORS 663.320
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0110 - Ex Parte Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ex
			 parte communication is an oral or written communication to a Board member or
			 Board Agent concerning a fact at issue in any matter before the Board or Board
			 Agent that is not made in the presence of all parties.
(2) If a Board member or Board Agent receives
			 an ex parte communication during the pendency of a matter, the Board member or
			 Board Agent shall:
(a) Give all parties
			 notice of the substance of the communication, if oral, or a copy of the
			 communication, if written; and
(b)
			 Provide any party that did not make the ex parte communication with an
			 opportunity to respond to the ex parte communication.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 10 - GENERAL/POLICY AND DEFINITIONS › Section 115-010-0115

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  243.766(7)
Stats. Implemented: ORS
				  240.086(3),
				  243.766(7)
				  & 663.320
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 20 - EXISTING LOCAL CHARTERS AND ORDINANCES › Section 115-020-0000 - Method of Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 determination under ORS
			 243.772 of whether local charters and ordinances conflict with the rights and duties
			 established in ORS
			 243.650 through 243.809 will be made by the Board only after reviewing and hearing
			 comments on such charters and ordinances at a public meeting. At least ten days
			 public notice of such a meeting shall be given, setting forth the date, time
			 and place of the meeting and the purpose for which it is called.
(2) Anyone may petition the Board for a
			 determination under section (1) of this rule. The petition shall state the name
			 of the local government, the full text of the provision in the local charter or
			 ordinance, and the date that the charter or ordinance was adopted. Upon receipt
			 of such a valid petition, the Board shall conduct a public meeting in
			 accordance with section (1) of this rule.
Statutory/Other Authority: 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS
				  183.341,
				  240 & 243
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0000 - Representation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to provide a uniform process for a public employee, group of
			 public employees, labor organization, or public employer to determine whether
			 the public employees of a public employer will be represented by a labor
			 organization for collective bargaining under the Oregon Public Employee
			 Collective Bargaining Act. The rules in this Division apply to the process for
			 obtaining representation, seeking changes in which labor organization serves as
			 the exclusive representative for employees, clarifying or making changes to who
			 is included in a represented group of employees, or for eliminating
			 representation.
(2) The
			 General/Policy and Definitions provided in Division 10 apply to all proceedings
			 under these rules. However, because these rules use certain technical terms
			 applied by the Board when it is called upon to make decisions about
			 representation and unit clarification cases, some additional definitions that
			 relate only to these representation rules are included below in OAR
			 115-025-0005.
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 115-025-0010 - General Requirements for Filing Representation Petitions

Current through Register Vol. 63, No. 7, July 1, 2024
All representation-related petitions must be filed in writing
				with the Board on a form approved by the Board. The Board or Board Agent will
				send a copy of the petition to the parties named in the petition. The
				Petitioner must check the box that describes the purpose of the petition and
				provide the information requested in the form. The Petitioner must sign and
				date the form.
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 115-025-0015 - When Representation-Related Petitions Can Be Filed

Current through Register Vol. 63, No. 7, July 1, 2024
A representation-related petition under these rules may be
				filed at any time unless one of the following limitations, or "bars,"
				applies:
(1) Certification Bar. When
			 employees have already chosen representation and a bargaining representative
			 has been certified within the preceding twelve (12) months, the Board will not
			 accept petitions to change or decertify representation. This bar applies
			 unless:
(a) The certified labor organization
			 has dissolved or has become defunct;
(b) A schism has developed in the certified
			 labor organization so that it cannot effectively represent bargaining unit
			 members;
(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 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0020 - Appropriate Unit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Petitions to
			 create a new bargaining unit or to change an existing unit must include a
			 description of the proposed unit. The proposed unit must be an appropriate unit
			 for collective bargaining. The proposed unit does not need to be the most
			 appropriate unit.
(2) Subject to
			 ORS
			 243.650(1),
			 243.650(19)
			 and
			 243.682(1)(a),
			 a bargaining unit may consist of all of the employees of the employer, or any
			 department, division, section or area, or any part or combination thereof, if
			 found to be appropriate by the Board.
(3) When considering whether a proposed
			 bargaining unit is appropriate, among the things the Board considers are
			 community of interest (e.g., similarities of duties, skills and benefits;
			 interchange or transfer of employees; promotional ladders; common supervision;
			 etc.); wages, hours and other working conditions of the employees involved; the
			 history of collective bargaining; and the desires of the employees.
(4) Questions concerning public employee
			 status will not be decided in proceedings to determine the appropriate
			 bargaining unit for a representation matter, unless the representation matter
			 cannot be certified without the resolution of such questions.
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 115-025-0021 - Showing of Interest Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Many petitions
			 must be supported by a valid showing of interest.
(2) A petitioner can fulfill the showing of
			 interest requirement by submitting authorization documents (typically cards)
			 signed by eligible employees. An authorization document must, at a minimum,
			 contain the following:
(a) The employee's
			 name, typed or legibly printed;
(b)
			 The employee's signature;
(c) The
			 date of the employee's signature;
(d) A statement that the employee designates
			 the named labor organization as the employee's exclusive representative for
			 purposes of collective bargaining with the employee's employer (if applicable);
			 and
(e) A statement that the
			 employee understands how the authorization document may be used. The statement
			 must be consistent with the type of petition being filed. Model language for
			 card check petitions is provided below, in section (4) of this rule.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0025 - Petitions to Certify a New Bargaining Unit (by Card Check or Election)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 representation petition may be filed to certify a new bargaining unit. The
			 petition may request that the Board determine whether a majority of the
			 employees in the proposed bargaining unit desire representation by the
			 designated representative by conducting a card check (see OAR 115-025-0030) or
			 an election (see OAR 115-025-0031). Public employees or a labor organization
			 may file a petition for certification by card check or an election. A public
			 employer may file a petition to certify an exclusive representative by
			 election, under the circumstances set forth in OAR 115-025-0031(2).
(2) A petition to certify a new bargaining
			 unit (by card check or election) must not propose a unit that includes
			 employees who are in a bargaining unit that is represented by another labor
			 organization at the time the petition is filed.
(3) A petition to certify a new bargaining
			 unit is subject to the "election bar" under Board rules. See OAR
			 115-025-0015(3).
(4) Voluntary
			 Recognition. Nothing in the Board's rules is intended to prevent an employer
			 from voluntarily recognizing a labor organization pursuant to ORS
			 243.666(3).
			 If an employer agrees to voluntarily recognize a labor organization as the
			 exclusive representative of a group of its employees, the labor organization is
			 not required to file a petition for certification.
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 115-025-0030 - Petition for Certification of a New Bargaining Unit by Card Check (Without an Election)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 petition for certification of a representative without a formal election,
			 commonly referred to as the card check process, may be filed when a majority of
			 unrepresented employees in a proposed bargaining unit wish to be represented by
			 a labor organization. The petition may be filed by public employees or a labor
			 organization. The petition requires a showing of interest from more than fifty
			 percent (50%) of employees in the proposed unit. The showing of interest
			 document must comply with OAR 115-025-0021(4)  (showing of interest requirements
			 for card check), including by indicating that the signer understands that the
			 document may be used to obtain certification without an election.
(2) If the Board determines that a majority
			 of employees in an appropriate unit have signed valid authorization documents
			 designating the labor organization named in the petition as the exclusive
			 representative, and that no other labor organization is currently certified or
			 recognized as the exclusive representative for any employee in the proposed
			 bargaining unit, then the Board will certify the labor organization named in
			 the petition as the exclusive representative without an election, unless a
			 timely petition for election is filed under OAR 115-025-0061.
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 115-025-0031 - Petition for Certification of a New Bargaining Unit by Election

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Petition by
			 Employees or Labor Organization for Certification by Election. Public employees
			 or a labor organization may file a petition for certification of a new
			 bargaining unit by an election process. The petition requires a showing of
			 interest from at least thirty percent (30%) of employees in the proposed unit.
			 The showing of interest document must comply with OAR 115-025-0021  (showing of
			 interest requirements).
(2)
			 Petition by Public Employer for Certification by Election.
(a) A public employer may file a petition for
			 an election to certify a public employee representative if the employer is
			 presented with a request from one or more labor organizations to be recognized
			 (or continue to be recognized) as the employee representative, and the employer
			 has a good faith doubt (based on reasonable objective standards) as to the
			 continued majority status of the incumbent labor organization.
(b) The petition must include a brief
			 statement of the reasons for the employer's doubt, including a summary of the
			 facts that the employer believes support the petition. A simple assertion of
			 the employer's doubt is insufficient.
(c) No showing of interest is
			 required.
(d) The petition may be
			 filed whenever the competing claims are made. Petitions by the employer are
			 subject to the same bars that apply to the competing claims.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0035 - Petition for an Election to Change Exclusive Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A labor
			 organization may file a petition for an election to replace the current
			 exclusive representative of an existing bargaining unit.
(2) The petition requires a showing of
			 interest from at least thirty percent (30%) of employees in the existing
			 bargaining unit. The showing of interest document must comply with OAR
			 115-025-0021  (showing of interest requirements), including by indicating that
			 the signer desires to be represented by the petitioning labor organization
			 instead of the current exclusive representative.
(3) This type of petition is subject to the
			 "election," "contract" and/or "certification" bars under Board rules.
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 115-025-0045 - Petition to Decertify Exclusive Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public employees may file a petition for
			 an election for decertification of an existing bargaining unit.
(2) The petition requires a showing of
			 interest from at least thirty percent (30%) of the employees in the bargaining
			 unit. The showing of interest document must comply with OAR 115-025-0021  (showing of interest requirements), including by indicating that the signer no
			 longer desires to be represented for purposes of collective bargaining by the
			 recognized or certified representative.
(3) The election, contract, and certification
			 bars apply.
(4) The petition may be
			 filed in any open period.
(5) If
			 employees vote to decertify their exclusive representative, under the Board's
			 election bar rules, no new petition for representation may be filed for that
			 group of employees for one year.
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 115-025-0050 - Unit Clarification Petitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A unit clarification petition may be
			 filed to determine whether there should be certain changes to an existing
			 bargaining unit or its exclusive representative, or to resolve certain
			 questions about an existing bargaining unit. Specifically, a unit clarification
			 petition may be filed to determine the following types of questions:
(a) whether certain unrepresented employees
			 should be added to an existing bargaining unit (the petitioner can request
			 either a card check or an election process);
(b) whether certain employees are "public
			 employees," "supervisory employees," "managerial employees," or "confidential
			 employees," as those terms are defined by the Public Employee Collective
			 Bargaining Act;
(c) whether certain
			 employees should be included or excluded from a bargaining unit based on the
			 contract recognition clause included in the parties' collective bargaining
			 agreement;
(d) whether a certain
			 group of employees should be transferred from their existing bargaining unit to
			 a different, currently represented bargaining unit;
(e) whether an existing bargaining unit
			 should be redesignated because it includes certain employee(s) who should not
			 be included in the bargaining unit based on the statutory standard for an
			 appropriate bargaining unit;
(f)
			 whether multiple bargaining units represented by the same bargaining
			 representative should be merged into a single bargaining unit;
(g) whether the certification or recognition
			 of a bargaining representative should be amended, such as when there is a
			 change in the labor organization's affiliation, or a change to the name of the
			 labor organization or the public employer; or
(h) whether a current certification should be
			 revoked.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0051 - Board Processing of Petitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Showing of Interest Determination. When a
			 petition is received by the Board, the Board or Board Agent will determine the
			 sufficiency of the showing of interest. That determination is an administrative
			 matter not subject to attack.
(2)
			 Eligibility of Employees and List of Eligible Employees:
(a) Eligible Employees. For the purposes of
			 determining the sufficiency of the showing of interest, public employees who
			 were employed on the filing date of the petition are included in the proposed
			 or affected bargaining unit and are considered eligible in the processing of
			 the petition. The Board may also include as eligible other employees who have a
			 reasonable expectation of continuing employment, including but not limited to,
			 seasonal employees or employees on layoff.
(b) List of Eligible Employees. Within seven
			 (7) days after a public employer receives notice from the Board that a petition
			 has been filed that requires a showing of interest, the public employer will
			 submit to the Board and the petitioner an alphabetical list of eligible
			 employees in the proposed or affected bargaining unit, including their names,
			 addresses and job classifications. The employer will provide the Board proof
			 that it provided a copy of the list to the labor organization named in the
			 petition.
Oregon Administrative Rules › Chapter 115 - EMPLOYMENT RELATIONS BOARD › Division 25 - PUBLIC EMPLOYEE REPRESENTATION › Section 115-025-0060 - Notice of Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 petition is received by the Board under OAR 115-025-0010, a Board Agent will
			 provide a notice of the petition to the public employer for posting in the work
			 areas granting maximum access to employees in the existing or proposed unit.
			 The public employer shall distribute the notice electronically when reasonably
			 appropriate. Copies of the notice will be sent to the public employer and any
			 known exclusive representative. The notice will include:
(a) The name of the petitioning organization
			 or employer;
(b) A description of
			 the unit involved; and
(c) A
			 statement that parties and interested persons will have fourteen (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)
			 Objections to the petitioner's designation of the issue(s) in cases filed under
			 OAR 115-025-0010;
(D) Objections
			 that a labor organization is currently certified or recognized as the exclusive
			 representative of one or more employees in the proposed unit; and
(E) Requests to intervene as provided in OAR
			 115-025-0062.