Oregon Administrative Code

115-025-0065 Hearings Process (1) Disputes regarding representation issues will be resolved through one of three possible procedures, depending on the nature of the dispute: (a) Administrative Review by Board. The Board may resolve certain disputes administratively without the ne…

115-025-0066 Election Procedures (1) Setting the Election Process. If the Board determines that a valid petition for an election has been filed, the Board will conduct an election by secret ballot. The Board will confer with the parties to set the terms of the election process, s…

115-025-0070 Notice of Election; Improper Use of Notice (1) In cases requiring an election, the Board will provide a notice of election to the public employer for posting in the work areas granting maximum access to employees in the existing or proposed unit. The Board will requi…

115-025-0071 Voter Eligibility (1) Voter Eligibility. Public employees eligible to vote in an election will be those: (a) employed on the date of the election; and (b) who were employed on a payroll date agreed to by the parties or on a date specified by the Board. (c) The Board …

115-025-0072 Voting Procedures (1) Voting: (a) Voting will be by secret ballot with an opportunity to vote for any labor organization on the ballot or for no representation (if that choice is applicable). (b) Elections will be conducted by mail ballot, unless a mail ballot electi…

115-025-0073 Ballot Count Procedures (1) Counting of Ballots. The Board Agent conducting the election will notify the parties of the date of the ballot count and advise the parties that they are entitled to be represented at the count. Upon the conclusion of the ballot count, the…

115-025-0074 Runoff Election A runoff election will be conducted in any representation election where there are more than two choices on the ballot and no choice receives a majority of the valid votes cast. The Board will follow the procedures for conducting an election. The ball…

115-025-0075 Election Objections (1) A party to an election may object to the conduct of an election or conduct affecting the results of an election. An individual voter is not a party. Conduct of the election means the manner in which the election was carried out by the Board an…

115-025-0076 Certification of Representative or Results of Election If no objections are filed within ten (10) days and any challenged ballots are insufficient in number to affect the results of the election, the Board will issue to the parties a certification of the results of t…

115-025-0090 Merger of School Districts (1) Application of Rule. This rule shall apply when there is a "merger," as defined in ORS 330.003, of school districts. As used in this rule, the term "labor organization" includes, in addition to the definition under ORS 243.650(13), an e…

115-035-0000 Filing an Unfair Labor Practice Complaint (1) Who may file. An injured party may file a complaint, on a form approved by the Board, alleging that a person(s) has engaged in or is engaging in an unfair labor practice as defined in ORS 243.672. (2) Supporting Data. At …

115-035-0005 Investigation of Complaint A Board Agent shall investigate the complaint to determine if an issue of fact or law exists that warrants a hearing. Information submitted by a party as part of the investigatory process is confidential. Statutory/Other Authority: ORS 240.…

115-035-0010 Amendment of Complaint (1) At Request of Board Agent. When a complaint appears to raise an issue of fact or law, but such complaint is incomplete by reason of insufficiently detailed allegations or inadvertent omissions, the Board Agent, with notice to all parties, m…

115-035-0015 Withdrawal of Complaint Unless the respondent agrees, a complainant may not withdraw a complaint after issuance of a Recommended Order without a showing of good cause. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History:…

115-035-0020 Dismissal of Complaint If an investigation reveals that no issue of fact or law exists that warrants a hearing, the Board may dismiss the complaint. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 243 History: ERB 10-2016, f. 11…

115-035-0030 Service of Notice and Complaint If a question of fact or law exists that warrants a hearing, the Board shall serve a notice of hearing and (if not provided previously) a copy of the complaint on the respondent(s). Statutory/Other Authority: ORS 240.086(3) & 243.766(7…

115-035-0035 Answer to Complaint (1) Answer. A respondent shall have 14 days from date of service of the complaint in which to file an answer. All allegations in the complaint not denied by the answer, unless the respondent states in the answer that it is without knowledge, shall…

115-035-0040 Notice of Hearings, Conduct of Hearings, and Post-Hearing Procedures Unless the context requires otherwise, OAR 115-010-0040 through 115-010-0110 apply to cases under this Division. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: OR…

115-035-0055 Representation Costs (1) General: (a) Pursuant to ORS 243.676(2)(d) and (3)(b), the Board shall award representation costs to the prevailing party in unfair labor practice cases. (b) "Representation costs" shall be awarded as follows: (A) $250 for a case dismissed wi…

115-035-0057 Attorney Fees For Appeals Pursuant to ORS 243.676(2)(e), the Board will award attorney fees, if any, to the prevailing party on an appeal of a Board Order, in the amount of $5,000. The Board may award an amount in excess of $5,000 subject to all of the following: (1)…

115-035-0060 Expedited Procedures for Unfair Labor Practice Complaints (1) The Board has the discretion to expedite a complaint, or any portion of a complaint. (2) If a party requests that a complaint be expedited, the complaint shall be filed in accordance with OAR 115-035-0000 …

115-035-0070 Consent Orders Before the issuance of a final order, the Board may approve a consent order submitted by the parties to a contested case in which all factual, legal and remedial issues have been settled. The consent order submitted by the parties must contain a statem…

115-035-0075 Civil Penalty; Fee Reimbursement Any request for civil penalty under ORS 243.676(4) or for reimbursement of a filing fee under ORS 243.672(6) must be included in a party’s complaint or answer. The request must include a statement as to why a civil penalty or filing-f…

115-040-0000 Mediation (1) Negotiations concerning a new or reopened collective bargaining agreement. (a) If the parties have not reached agreement on the terms of a collective bargaining agreement after a 150-calendar-day period of good faith negotiations, either party may notif…

115-040-0005 Conciliation Service Fees (1) When mediation concerns negotiations over the terms of a collective bargaining agreement, the Board will charge a fee for mediation services, subject to ORS 240.610. (2) When mediation concerns a grievance arising under a collective barg…

115-040-0010 Factfinding Where the parties to a labor dispute jointly petition the Board to appoint a factfinder within 30 days after the mediator makes public their final offers, the State Conciliator shall acknowledge in writing the request, and factfinding shall occur using th…

115-040-0015 Binding Interest Arbitration (1) Applicability of Rule. This rule shall apply in all cases in which the Board initiates arbitration of a labor dispute relating to negotiations over employment relations. (2) Court-Ordered Arbitration. When arbitration is ordered by a …

115-040-0017 Interest Arbitration Enforcement Pursuant to ORS 243.752, a party alleging that another party is refusing or failing to comply with an interest arbitration award may seek enforcement of the award by filing an unfair labor practice complaint with the Board charging a …

115-040-0018 Notice of Intent to Strike The exclusive representative shall send notice of intent to strike to the Board and the employer by certified mail. The notice shall state the reasons for the intent to strike including the unresolved bargaining issues. The Board and the em…

115-040-0020 Petition to Declare a Strike Unlawful When it is alleged in good faith by a public employer that a labor organization representing a group of its employees has declared or authorized a strike by such employees and that such strike is or would be in violation of ORS 2…

115-040-0030 Panel of Arbitrators and Factfinders (1) The State Conciliation Service of the Employment Relations Board shall maintain a panel of qualified labor arbitrators and factfinders for referral, upon request, to the parties to a labor dispute. Panel members are expected t…

115-040-0032 Lists of Arbitrators or Factfinders (1) When, pursuant to statute (including ORS 342.934(7) and ORS 342.905(10)), or at the request of a party, the State Conciliator submits a list of arbitrators or factfinders to the parties to a dispute, the names on the list shall…

115-040-0034 Appoint Arbitrator for Arbitration proceedings under ORS 243.706(3) (1) When a party submits a request for the Board to appoint an arbitrator under ORS 243.706(3), the Board shall randomly appoint an arbitrator from the panel described in OAR 115-040-0030 and as foll…

115-040-0035 Filing of Arbitrator and Factfinder Decisions All arbitrators and factfinders listed on the State Conciliation Panel pursuant to OAR 115-040-0030 shall provide the State Conciliation Service with one copy of all written decisions or recommendations issued concerning …

115-040-0040 Exemption from Disclosure Under ORS 192.410 to 192.505 and Inadmissibility of Mediation Communication Pursuant to OEC Rule 408 (1) Except to the extent that rules of this agency adopted pursuant to Oregon Laws 1997, chapter 670 make mediation communications confident…

115-040-0041 Applicability of Mediator Disclosure Rules (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 115-040-0…

115-040-0042 Mediator May Not Disclose Mediation Communications in Subsequent Proceedings Except as provided in this rule, a mediator may not disclose or be compelled to disclose mediation communications in mediations described in OAR 115-040-0041(1) and, if disclosed, such commu…

115-040-0043 Mediator May Disclose Certain Mediation Communications 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 arbitrati…

115-040-0044 Notice of Disclosure of Mediation Communications (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…

115-045-0000 Definition of Terms See OAR 115-010-0010. Statutory/Other Authority: ORS 240.086(3) & 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 2-2000, f. 12-1-00, cert. ef. 7-1-01 ERB 1-1998, f. & cert. ef. 1-26-98 ERB 6-19…

115-045-0002 Computation of Time See OAR 115-010-0012. Statutory/Other Authority: ORS 243 Statutes/Other Implemented: ORS 240.086(3) History: ERB 8-2016, f. 11-9-16, cert. ef. 2-1-17 ERB 6-1995, f. 11-30-95, cert. ef. 12-1-95 ERB 1-1980, f. & ef. 1-9-80

115-045-0005 Filing of Appeals 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. Amend…

115-045-0010 Regular Employee Appeals from Suspension, Reduction in Pay, Demotion and Dismissal Actions 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…

115-045-0017 Appeals Concerning Temporary Appointments (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 reas…

115-045-0020 Other Appeals from Other Personnel Actions (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 …

115-045-0021 Dismissal Appeals by Management Service Employees with Immediate Prior Regular Classified Service 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…

115-045-0025 Hearings (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 s…

115-045-0030 Conduct of Hearings Unless the context requires otherwise, OAR 115-010-0040 through 115-010-0110 apply to cases under this Division. Statutory/Other Authority: ORS 240.086(3) & ORS 243.766(7) Statutes/Other Implemented: ORS 240 History: ERB 8-2016, f. 11-9-16, cert. …

115-050-0001 Petition for Enforcement (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 aw…

115-050-0010 Written Exceptions (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…