Title 22, Public officers and Employees

As used in ORS 243.650 to 243.809, unless the context requires otherwise: (1) “Appropriate bargaining unit” means the unit designated by the Employment Relations Board or voluntarily recognized by the public employer to be appropriate for collective bargaining. However, an approp…

The Legislative Assembly finds and declares that: (1) The people of this state have a fundamental interest in the development of harmonious and cooperative relationships between government and its employees; (2) Recognition by public employers of the right of public employees to …

Public employees have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with their public employer on matters concerning employment relations. [Formerly 243.730]

(1) A labor organization certified by the Employment Relations Board or recognized by the public employer is the exclusive representative of the employees of a public employer for the purposes of collective bargaining with respect to employment relations. (2) Notwithstanding the …

(1) The Legislative Assembly finds that: (a) It is the policy of this state that public funds may not be used to subsidize interference with an employee’s choice to join or to be represented by a labor union. (b) Some public employers use public funds to aid or subsidize efforts …

(1) As used in this section: (a) “Assist, promote or deter union organizing” means any attempt by a public employer to influence the decision of any or all of its employees or the employees of its subcontractors regarding: (A) Whether to support or oppose a labor organization tha…

(1) It is an unfair labor practice for a public employer or its designated representative to do any of the following: (a) Interfere with, restrain or coerce employees in or because of the exercise of rights guaranteed in ORS 243.662. (b) Dominate, interfere with or assist in the …

(1) Whenever a written complaint is filed alleging that any person has engaged in or is engaging in any unfair labor practice listed in ORS 243.672 (1) to (4) and 243.752, the Employment Relations Board or its agent shall: (a) Cause to be served upon such person a copy of the com…

(1) If a question of representation exists, the Employment Relations Board: (a)(A)(i) Shall, upon application of a public employer, a public employee or a labor organization, designate the appropriate bargaining unit, and in making its determination shall consider such factors as…

A petition for representation filed under ORS 243.682 (2) must include a statement of a desire by the employees to be represented and must be signed and dated by the employees during the 180 days before the petition is filed with the Employment Relations Board. [2013 c.663 §5; 20…

(1) The Employment Relations Board shall place on the ballot only those labor organizations designated to be placed on the ballot by more than 10 percent of the employees in an appropriate bargaining unit. (2) The ballot shall contain a provision for marking no representation. (3…

(1) No election shall be conducted under ORS 243.682 (5) in any appropriate bargaining unit within which during the preceding 12-month period an election was held, nor during the term of any lawful collective bargaining agreement between a public employer and an employee represen…

(1) The Oregon Department of Administrative Services shall represent all state agencies within the executive department which have bargaining units in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units…

(1) When the employer is obligated to bargain over employment relations during the term of a collective bargaining agreement and the exclusive representative demands to bargain, the bargaining may not, without the consent of both parties and provided the parties have negotiated i…

(1) In the event any words or sections of a collective bargaining agreement are declared to be invalid by any court of competent jurisdiction, by ruling by the Employment Relations Board, by statute or constitutional amendment or by inability of the employer or the employees to p…

(1) A public employer may enter into a written agreement with the exclusive representative of an appropriate bargaining unit setting forth a grievance procedure culminating in binding arbitration or any other dispute resolution process agreed to by the parties. As a condition of …

(1) If after a 150-calendar-day period of good faith negotiations over the terms of an agreement or 150 days after certification or recognition of an exclusive representative no agreement has been signed, either or both of the parties may notify the Employment Relations Board of …

The use of volunteers to provide services shall not be considered contracting out for services. The use of reserve police personnel that does not require layoff shall not be considered contracting out for services. [1995 c.286 §14]

(1) In carrying out the fact-finding procedures authorized in ORS 243.712 (2)(c), the public employer and the exclusive representative may select their own fact finder. (2)(a) Where the parties have not selected their own fact finder within five days after written acknowledgment …

(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…

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]

(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: (a) Assistant attorneys general; (b) Deputy district attorneys; (c) Emergency communications worker; (d) Employee…

(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. (2) As used in this section: (a) “Mass transit district” means…

(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 pro…

(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. (2) Where the parties have not selected their own arbitrator within five days after notifica…

(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 u…

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 i…

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…

The Employment Relations Board shall: (1) Establish procedures for, investigate and resolve any disputes concerning the designation of an appropriate bargaining unit. (2) Establish procedures for, resolve disputes with respect to, and supervise the conduct of elections for the de…

(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 a…

(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 …

(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. (2) As used in subsection (1) of this section, “person” means any ind…

As used in ORS 243.796 to 243.806: (1) “Designated representative” means a public employee: (a) Who is designated by the exclusive representative as a representative for the employees in a bargaining unit; and (b) For whom: (A) Reasonable paid time is granted under ORS 243.798; o…

(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: (a…

(1) Except as otherwise provided under this section, a public employer and an exclusive representative may negotiate and enter into written agreements whereby: (a) The public employer shall provide a reasonable term of release time for public employees to serve as designated repr…

(1)(a) A public employer shall provide an exclusive representative of an appropriate bargaining unit reasonable access to employees within the bargaining unit. (b) For purposes of newly hired employees in the bargaining unit, reasonable access includes, but is not limited to: (A)…

(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 s…

(1) For purposes of an arbitration proceeding under ORS 243.706 concerning alleged misconduct by a law enforcement officer: (a) A law enforcement agency or, if applicable, a civilian or community oversight board, agency or review body, has the burden of proof by a preponderance o…

(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 Commissio…

(1) The Commission on Statewide Law Enforcement Standards of Conduct and Discipline is established for the purpose of adopting rules that prescribe uniform: (a) Standards of conduct, including guidelines and procedures, to which law enforcement officers shall adhere; and (b) Disc…

(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. …

(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: (a) The employee’s salary will be reduced monthly by a stated amount, or the em…

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 2…

(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: (a) The coach’s salary will be reduced monthly by a stated amount that is not less than $25 a month, or the coach will forgo monthly a …

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: (1) State agencies. (2) Community colleges. (3) School districts and education service districts. (4) County government…

(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 leade…