71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3556
 
                         House Bill 3423
 
Sponsored by Representative HASS; Representatives HILL, KRUMMEL,
  RINGO, STARR, WILLIAMS, WITT (at the request of Washington
  County Sheriff Jim Spinden)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits reinstatement of public employee if arbitrator
determines that state certification or licensing is required for
job and employee violated standards related to certification or
licensing.
 
                        A BILL FOR AN ACT
Relating to arbitration awards; amending ORS 243.706.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 243.706 is amended to read:
  243.706. (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 enforceability,
 { - any - }   { + an + } arbitration award   { - that orders the
reinstatement of a public employee or otherwise relieves the - }
 { + may not relieve a + } public employee of responsibility for
misconduct   { - shall comply with - }   { + and must uphold
discipline that seeks to hold public employees accountable for
conduct that is contrary to standards established by + } public
policy requirements as clearly defined in statutes or judicial
decisions including but not limited to policies respecting sexual
harassment or sexual misconduct, unjustified and egregious use of
physical or deadly force and serious criminal misconduct, related
to work.
   { +  (2) An arbitration award may not order reinstatement of a
public employee if an arbitrator determines that:
  (a) Certification or licensing by the state is a job
requirement; and
  (b) The public employer terminated the employment of the public
employee after determining that the public employee violated
standards relating to any qualification necessary to obtain or
maintain the required certification or license.
  (3) + } In addition, with respect to claims that a
 { - grievant - }  { +  public employee + } should be reinstated
or otherwise relieved of responsibility for misconduct based upon
the public employer's alleged previous differential treatment of
employees for the same or similar conduct, the arbitration award
must conform to the following principles:
  (a) Some misconduct is so egregious that no employee can
reasonably rely on past treatment for similar offenses as a
justification or defense to discharge or other discipline.
  (b) Public managers have a right to change disciplinary
policies at any time, notwithstanding prior practices, if such
managers give reasonable advance notice to affected employees and
the change does not otherwise violate a collective bargaining
agreement.
    { - (2) - }   { + (4) + } In addition to subsection (1) of
this section, a public employer may enter into a written
agreement with the exclusive representative of its employees
providing that a labor dispute over conditions and terms of a
contract may be resolved through binding arbitration.
    { - (3) - }   { + (5) + } In an arbitration proceeding under
this section, the arbitrators, or a majority of the arbitrators,
may:
  (a) Issue subpoenas on their own motion or at the request of a
party to the proceeding to:
  (A) Compel the attendance of a witness properly served by
either party; and
  (B) Require from either party the production of books, papers
and documents the arbitrators find are relevant to the
proceeding;
  (b) Administer oaths or affirmations to witnesses; and
  (c) Adjourn a hearing from day to day, or for a longer time,
and from place to place.
    { - (4) - }   { + (6) + } The arbitrators shall promptly
provide a copy of a subpoena issued under this section to each
party to the arbitration proceeding.
    { - (5) - }   { + (7) + } The arbitrators issuing a subpoena
under this section may rule on objections to the issuance of the
subpoena.
    { - (6) - }   { + (8) + } If a person fails to comply with a
subpoena issued under this section or if a witness refuses to
testify on a matter on which the witness may be lawfully
questioned, the party who requested the subpoena or seeks the
testimony may apply to the arbitrators for an order authorizing
the party to apply to the circuit court of any county to enforce
the subpoena or compel the testimony. On the application of the
attorney of record for the party or on the application of the
arbitrators, or a majority of the arbitrators, the court may
require the person or witness to show cause why the person or
witness should not be punished for contempt of court to the same
extent and purpose as if the proceedings were pending before the
court.
    { - (7) - }   { + (9) + } Witnesses appearing pursuant to
subpoena, other than parties or officers or employees of the
public employer, shall receive fees and mileage as prescribed by
law for witnesses in ORS 44.415 (2).
                         ----------