Chapter 243 — Chapter 243

ORS 243.726 Public employee strikes; equitable relief against certain strikes; effect of unfair labor practice charge on prohibited strike. (1) Participation in a strike shall be unlawful for any public employee who is not included in an appropriate bargaining unit for which an exclusive representative has been certified by the Employment Relations Board or recognized by the employer; or is included in an appropriate bargaining unit that provides for resolution of a labor dispute by petition to final and binding arbitration; or when the strike is not made lawful under ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290

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ORS 243.730 [1963 c.579 §3; 1973 c.536 §3; renumbered 243.662]

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ORS 243.732 Refusal to cross picket line as prohibited strike. Public employees, other than those engaged in a nonprohibited strike, who refuse to cross a picket line shall be deemed to be engaged in a prohibited strike and shall be subject to the terms and conditions of ORS 243.726, pertaining to prohibited strikes. [1973 c.536 §23]

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ORS 243.735 [1969 c.671 §5; 1973 c.536 §6; renumbered 243.666]

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ORS 243.736 Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel. (1) It is unlawful for any of the following public employees to strike or recognize a picket line of a labor organization while in the performance of official duties

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ORS 243.738 Strikes by employees of mass transit districts, transportation districts and municipal bus systems. (1) It is unlawful for any employee of a mass transit district, transportation district or municipal bus system to strike or recognize a picket line of a labor organization while in the performance of official duties

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ORS 243.740 [1963 c.579 §4; repealed by 1973 c.536 §39]

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ORS 243.742 Binding arbitration when strike prohibited. (1) It is the public policy of the State of Oregon that where the right of employees to strike is by law prohibited, it is requisite to the high morale of such employees and the efficient operation of such departments to afford an alternate, expeditious, effective and binding procedure for the resolution of labor disputes and to that end the provisions of ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290, providing for compulsory arbitration, shall be liberally construed

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ORS 243.745 [1969 c.671 §6; repealed by 1973 c.536 §39]

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ORS 243.746 Selection of arbitrator; arbitration procedure; last best offers; bases for findings and opinions; sharing arbitration costs. (1) In carrying out the arbitration procedures authorized in ORS 243.712, 243.726 (3)(c) and 243.742, the public employer and the exclusive representative may select their own arbitrator

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ORS 243.750 [1963 c.579 §5; repealed by 1969 c.671 §3 (243.751 enacted in lieu of 243.750)]

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ORS 243.751 [1969 c.671 §4 (enacted in lieu of 243.750); repealed by 1973 c.536 §39]

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ORS 243.752 Arbitration decision final; enforcement; effective date of compensation increases; modifying award. (1) A majority decision of the arbitration panel, under ORS 243.706, 243.726, 243.736, 243.738, 243.742 and 243.746, if supported by competent, material and substantial evidence on the whole record, based upon the factors set forth in ORS 243.746 (4), shall be final and binding upon the parties. Refusal or failure to comply with any provision of a final and binding arbitration award is an unfair labor practice. Any order issued by the Employment Relations Board pursuant to this section may be enforced at the instance of either party or the board in the circuit court for the county in which the dispute arose

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ORS 243.756 Employment conditions during arbitration. During the pendency of arbitration proceedings that occur after the expiration of a previous collective bargaining agreement, all wages and benefits shall remain frozen at the level last in effect before the agreement expired, except that no public employer shall be required to increase contributions for insurance premiums unless the expiring collective bargaining agreement provides otherwise. Merit step and longevity step pay increases shall be part of the status quo unless the expiring collective bargaining agreement expressly provides otherwise. [1973 c.536 §21; 1995 c.286 §11]

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ORS 243.760 [1963 c.579 §6; repealed by 1973 c.536 §39]

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ORS 243.762 Alternative arbitration procedure under collective bargaining agreement. Nothing in ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290 is intended to prohibit a public employer and the exclusive representative of its employees from entering into a collective bargaining agreement which provides for a compulsory arbitration procedure which is substantially equivalent to ORS 243.742 to 243.756. [1973 c.536 §22; 2019 c.429 §16]

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ORS 243.766 Board duties in administration of collective bargaining laws; rules. The Employment Relations Board shall

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ORS 243.770 [1965 c.390 §5; 1971 c.582 §10; repealed by 1973 c.536 §39]

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ORS 243.772 Effect of collective bargaining laws on local charters and ordinances. (1) Any provisions of local charters and ordinances adopted pursuant thereto in existence on October 5, 1973, and not in conflict with the rights and duties established in ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290 may remain in full force and effect after the Employment Relations Board has determined that no conflict exists

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ORS 243.775 [1995 c.600 §2; renumbered 243.800 in 1997]

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ORS 243.776 [1973 c.536 §32; repealed by 2019 c.429 §19]

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ORS 243.778 Student representation when bargaining unit includes public university faculty; duties of student representatives; confidentiality requirements. (1) When an appropriate bargaining unit includes members of the faculty of a public university listed in ORS 352.002, the duly organized and recognized entity of student government at that university may designate three representatives to meet and confer with the public employer of those members of the faculty and the exclusive representative of that appropriate bargaining unit prior to collective bargaining

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ORS 243.780 [1965 c.543 §§2,3,4; 1969 c.80 §35b; repealed by 1973 c.536 §39]

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ORS 243.782 Representation by counsel authorized. (1) For purposes of proceedings commenced pursuant to ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290, a person may be represented by counsel or any other agent authorized by such person

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ORS 243.785 [1969 c.671 §7; repealed by 1973 c.536 §39]

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ORS 243.787 [1969 c.671 §8; repealed by 1973 c.536 §39]

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ORS 243.789 [1969 c.671 §11; repealed by 1973 c.536 §39]

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ORS 243.791 [1969 c.671 §12; repealed by 1973 c.536 §39]

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ORS 243.793 [1969 c.671 §9; repealed by 1973 c.536 §39]

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ORS 243.795 [1969 c.671 §10; repealed by 1973 c.536 §39]

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ORS 243.796 Definitions for ORS 243.796 to 243.806. As used in ORS 243.796 to 243.806

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ORS 243.798 Reasonable time granted to designated representatives to engage in certain activities during work hours. (1) A public employer shall grant public employees who are designated representatives reasonable time to engage in the following activities during the public employee’s regularly scheduled work hours without loss of compensation, seniority, leave accrual or any other benefits

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ORS 243.800 [Formerly 243.775; 2001 c.945 §66; 2003 c.67 §34; 2003 c.733 §69; 2005 c.611 §1; 2007 c.71 §76; 2007 c.769 §5; 2013 c.174 §1; 2013 c.768 §114; 2015 c.767 §66; 2017 c.569 §4; 2019 c.355 §18; renumbered 243.815 in 2019]

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ORS 243.802 Written agreements regarding grant of period of release time for public employees to serve as designated representatives; requirements during period of release time. (1) Except as otherwise provided under this section, a public employer and an exclusive representative may negotiate and enter into written agreements whereby

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ORS 243.804 Reasonable access to employees within bargaining unit; duties of public employer regarding employee information in employer’s records. (1)(a) A public employer shall provide an exclusive representative of an appropriate bargaining unit reasonable access to employees within the bargaining unit

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ORS 243.806 Agreement authorizing public employer to make deductions from salary or wages of public employee; duties of public employer regarding deductions and remittance; revoking authorization. (1) A public employee may enter into an agreement with a labor organization that is the exclusive representative to provide authorization for a public employer to make a deduction from the salary or wages of the public employee, in the manner described in subsection (4) of this section, to pay dues, fees and any other assessments or authorized deductions to the labor organization or its affiliated organizations or entities

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ORS 243.808 Arbitration concerning alleged misconduct by law enforcement officer. (1) For purposes of an arbitration proceeding under ORS 243.706 concerning alleged misconduct by a law enforcement officer

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ORS 243.809 Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards. (1) For matters concerning alleged misconduct by a law enforcement officer, the following shall make determinations regarding the alleged misconduct and impose disciplinary action in response to such determinations in accordance with the uniform standards adopted by the Commission on Statewide Law Enforcement Standards of Conduct and Discipline under ORS 243.812

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ORS 243.810 [1965 c.606 §1; 1979 c.227 §1; 1981 c.407 §2; 1995 c.162 §66; repealed by 2007 c.704 §2]

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ORS 243.812 Commission on Statewide Law Enforcement Standards of Conduct and Discipline; duties; members; establishment of standards; open hearings; reporting; rules. (1) The Commission on Statewide Law Enforcement Standards of Conduct and Discipline is established for the purpose of adopting rules that prescribe uniform

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ORS 243.815 Optional retirement plan for certain academic and administrative public university employees. (1) Notwithstanding any provision of ORS chapter 238 or 238A or ORS 243.910 to 243.945, the governing board of a public university listed in ORS 352.002 shall establish and administer an Optional Retirement Plan for administrative and academic employees of the public university. The Optional Retirement Plan must be a qualified plan under the Internal Revenue Code, capable of accepting funds transferred under subsection (7) of this section without the transfer being treated as a taxable event under the Internal Revenue Code, and willing to accept those funds. Retirement and death benefits shall be provided under the plan by the purchase of annuity contracts, fixed or variable or a combination thereof, or by contracts for investments in mutual funds

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ORS 243.820 Agreement for payment of annuity premium or investment in stock of regulated investment company. (1) In order to obtain the advantages of 26 U.S.C. 403(b), or any equivalent provision of federal law, an employer may agree with an employee who performs services for an educational institution that

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ORS 243.830 Effect of agreement on retirement contributions and benefits. An agreement executed pursuant to ORS 243.820 by an employee who is subject to ORS chapter 238 or 238A, or a similar retirement program for public employees, in no way affects the contributions to be made or the benefits to be provided for such employee under ORS chapter 238 or 238A or the other similar program. Reduction of salary or forgoing a salary increase by a stated amount under ORS 243.820 shall not be deemed a reduction in salary for the purpose of such contributions and benefits. [1965 c.606 §3; 1999 c.130 §7; 2003 c.733 §70]

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ORS 243.850 Qualified football coaches plan; participation; salary deduction. (1) An eligible football coach and the governing board of a public university listed in ORS 352.002 may enter into an agreement to provide that

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ORS 243.853 “Public employee” defined. For the purposes of this section and ORS 243.854 and 243.855, “public employee” means officers or employees, classified, unclassified, exempt and nonexempt, of

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ORS 243.854 Leaves of absence for athletic competition; requirements; maximum period; reinstatement. (1) To encourage amateur athletic competition at the world level, state agencies and political subdivisions described in ORS 243.853 (2) to (6) may grant leaves of absence on request to any public employee who participates in world, Pan American or Olympic events as a group leader, coach, official or athlete of a United States amateur team for the purpose of preparing for and engaging in the competition and preliminary competitions

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ORS 243.855 Reimbursement to public employer. Public employees eligible for the benefits authorized by ORS 243.853 to 243.855 are obligated to reimburse the employer in full through monetary payment, with no interest charge, or through hours worked equivalent to the number of hours spent on athletic leave, or a combination of both. Full reimbursement shall be accomplished at a time not later than 10 years following the last day the employee received benefits under ORS 243.853 to 243.855. [Formerly 243.335]

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ORS 243.857 Pay differential for use of American Sign Language. (1) As used in this section, “public employer” has the meaning given that term in ORS 243.650

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ORS 243.860 Definitions for ORS 243.860 to 243.886. As used in ORS 243.860 to 243.886, unless the context requires otherwise

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ORS 243.862 Oregon Educators Benefit Board; members; term; expenses; officers; quorum; meetings; confirmation. (1) There is established in the Oregon Health Authority an Oregon Educators Benefit Board consisting of at least 10 members appointed by the Governor, including

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