Oregon Administrative Code

114-005-0030 Access to Records (1) The Ombudsman or designees shall have access to any resident’s records with the written authorization of the resident or the resident’s legal guardian. If the resident has no legal guardian and is unable to consent, the Office of the Long-Term C…

114-005-0040 Confidentiality of Records (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 co…

114-006-0000 Interference with Ombudsman Program (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 …

115-001-0000 Notice of Proposed Rule (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 effectiv…

115-001-0005 Model Rules of the Attorney General The Employment Relations Board adopts only the Attorney General’s Model Rules of Procedure specifically identified in these rules. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedures is available from the a…

115-010-0000 Purpose of Rules 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 …

115-010-0005 Statutory Authority for Rules These rules are adopted under the authority provided by ORS 240.086(3) and 243.766(7). Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB…

115-010-0010 Definition of Terms As used in these rules, unless the context requires otherwise: (1) “Appeal” means any request for review of a personnel action under ORS ch 240. (2) “Appellant” means a person who requests review of a personnel action under ORS ch 240. (3) “Appoin…

115-010-0012 Computation of Time 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 al…

115-010-0020 Board Meetings and Contested Case Hearings 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 requ…

115-010-0025 Record of Public Meetings Any minutes of Board public meetings and proceedings shall be approved by the Board. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 1-198…

115-010-0032 Board Public Records (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, Oreg…

115-010-0033 Filings and Service of Documents (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, in person, or through the Board’s online case management system. The Board shall post on its website the st…

115-010-0035 Use of Board Agents 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. Statutory/Other Au…

115-010-0040 Time, Place, and Notice of Hearings (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. …

115-010-0043 Hearings by Electronic Devices (1) The Board or Board Agent has the discretion to conduct a hearing or portion of a hearing remotely, including by videoconference or telephone. (2) Before making a determination whether to conduct a hearing in person or remotely, the …

115-010-0045 Motions (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 day…

115-010-0050 Rules of Evidence 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) Irrele…

115-010-0055 Subpoenas (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 subp…

115-010-0060 Witnesses (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…

115-010-0065 Depositions 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 pre…

115-010-0068 Prehearing Procedures (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) F…

115-010-0070 Conduct of Hearings (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 i…

115-010-0075 Conduct at Hearing (1) All parties to hearings, their counsel, and spectators shall conduct themselves in a respectful manner. (2) The Board or Board Agent shall record the proceeding. No other recording or transmission of any portion of the proceeding shall be permi…

115-010-0077 Briefs (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 discussio…

115-010-0080 Board Employees as Witnesses 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. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 & 243 History: ERB 1-…

115-010-0085 Recommended Order 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. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 …

115-010-0090 Objections to Board Agent’s Recommended Order (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…

115-010-0095 Board Review (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…

115-010-0100 Petitions for Reconsideration or Rehearing (1) A party has 14 days from the date of service of a Final Order to petition for reconsideration or rehearing. Any petition for reconsideration or rehearing must specifically state the ground(s) for the petition. A party ha…

115-010-0103 Amicus Curiae (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…

115-010-0110 Ex Parte Communications (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 …

115-020-0000 Method of Review (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 ord…

115-025-0000 Representation (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 organi…

115-025-0005 Definitions When these terms are used by the Board in representation matters, they are defined as follows: (1) Bargaining unit. A specific group of public employees who are, or seek to be, represented for collective bargaining by a labor organization. A bargaining un…

115-025-0010 General Requirements for Filing Representation Petitions 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 …

115-025-0015 When Representation-Related Petitions Can Be Filed 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…

115-025-0020 Appropriate Unit (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 appro…

115-025-0021 Showing of Interest Requirements (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 authorizati…

115-025-0025 Petitions to Certify a New Bargaining Unit (by Card Check or Election) (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 d…

115-025-0030 Petition for Certification of a New Bargaining Unit by Card Check (Without an Election) (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 emplo…

115-025-0031 Petition for Certification of a New Bargaining Unit by Election (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 proce…

115-025-0035 Petition for an Election to Change Exclusive Representative (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 thir…

115-025-0045 Petition to Decertify Exclusive Representative (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 barg…

115-025-0050 Unit Clarification Petitions (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. Specifi…

115-025-0051 Board Processing of Petitions (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…

115-025-0060 Notice of Petition (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…

115-025-0061 Request for Election Instead of Card Check (1) After a card check petition (to certify a new bargaining unit or to add employees to an existing bargaining unit) has been filed, an employee or group of employees in the petitioned-for group may file a request for the B…

115-025-0062 Request to Intervene in an Election (1) Request to Intervene after the Filing of an Election Petition by Another Party. A labor organization may file a request to intervene in an election petition filed by another party (including a petition for certification by elec…

115-025-0063 Objections to a Petition (1) Objecting to a Petition. An affected employee or a party, including an intervenor, may file an objection regarding a petition to certify an exclusive representative, a petition to change or decertify an exclusive representative, or a unit…