Chapter 296
AN ACT
HB 2070
Relating to fees charged by Employment Relations Board; creating new
provisions; amending ORS 240.170, 240.610, 243.672, 663.180 and 663.185;
appropriating money; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 243.672 is amended to read:
243.672. (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 formation, existence or administration of any employee
organization.
(c) Discriminate in
regard to hiring, tenure or any terms or condition of employment for the
purpose of encouraging or discouraging membership in an employee organization.
Nothing in this section is intended to prohibit the entering into of a
fair-share agreement between a public employer and the exclusive bargaining
representative of its employees. If [such]
a “fair-share” agreement has been agreed to by the public employer and
exclusive representative, nothing [shall
prohibit] prohibits the deduction of the payment-in-lieu-of-dues
from the salaries or wages of [such] the
employees.
(d) Discharge or
otherwise discriminate against an employee because the employee has signed or
filed an affidavit, petition or complaint or has given information or testimony
under ORS 243.650 to 243.782.
(e) Refuse to bargain
collectively in good faith with the exclusive representative.
(f) Refuse or fail to
comply with any provision of ORS 243.650 to 243.782.
(g) Violate the
provisions of any written contract with respect to employment relations
including an agreement to arbitrate or to accept the terms of an arbitration
award, where previously the parties have agreed to accept [such] arbitration awards as final and binding upon them.
(h) Refuse to reduce an
agreement, reached as a result of collective bargaining, to writing and sign [such] the resulting contract.
(2) Subject to the
limitations set forth in this subsection, it is an unfair labor practice for a
public employee or for a labor organization or its designated representative to
do any of the following:
(a) Interfere with,
restrain or coerce any employee in or because of the exercise of any right
guaranteed under ORS 243.650 to 243.782.
(b) Refuse to bargain
collectively in good faith with the public employer if the labor organization
is an exclusive representative.
(c) Refuse or fail to
comply with any provision of ORS 243.650 to 243.782.
(d) Violate the
provisions of any written contract with respect to employment relations,
including an agreement to arbitrate or to accept the terms of an arbitration
award, where previously the parties have agreed to accept [such] arbitration awards as final and binding upon them.
(e) Refuse to reduce an
agreement, reached as a result of collective bargaining, to writing and sign
the resulting contract.
(f) For any labor
organization to engage in unconventional strike activity not protected for
private sector employees under the National Labor Relations Act on June 6,
1995. This provision [shall apply] applies
to sitdown, slowdown, rolling, intermittent or on-and-off again strikes.
(g) For a labor
organization or its agents to picket or cause, induce, or encourage to be
picketed, or threaten to engage in such activity, at the residence or business
premises of any individual who is a member of the governing body of a public
employer, with respect to a dispute over a collective bargaining agreement or
negotiations over employment relations, if an objective or effect of such
picketing is to induce another person to cease doing business with the
governing body member’s business or to cease handling, transporting or dealing
in goods or services produced at the governing body’s business. For purposes of
this paragraph, a member of the Legislative Assembly is a member of the
governing body of a public employer when the collective bargaining negotiation
or dispute is between the State of
(3) An injured party may
file a written complaint with the Employment Relations Board not later than 180
days following the occurrence of an unfair labor practice. For each unfair
labor practice complaint filed, a fee of $250 is imposed. For each answer to an
unfair labor practice complaint filed with the board, a fee of [$100] $250 is imposed. The
board may allow any other person to intervene in the proceeding and to present
testimony. A person allowed to intervene shall pay a fee of $250 to the board.
The [Employment Relations] board may,
in its discretion, order [filing] fee
reimbursement to the prevailing party in any case in which the complaint or
answer is found to have been frivolous or filed in bad faith. The board
shall deposit fees received under this section to the credit of the Employment
Relations Board Administrative Account.
SECTION 2.
ORS 663.180 is amended to read:
663.180. (1) A person
may file with the Employment Relations Board a charge that another person has
engaged in or is engaging in an unfair labor practice. The person filing the
charge shall pay a fee of $250 to the board. The board shall deposit fees
received under this section to the credit of the Employment Relations Board
Administrative Account.
[(1)] (2) If it is charged that a person has engaged in or is
engaging in an unfair labor practice, the [Employment
Relations] board shall cause an investigation to be made. If, on the basis
of this investigation, it appears to the board that an issue of fact or law
exists as to a violation of ORS 663.120 to 663.165, the board shall [cause] issue a complaint [to issue]. The complaint shall contain a
notice of hearing before the board, at a place [therein] fixed in the notice, not less than five days after
the serving of the complaint.
[(2)] (3) Notwithstanding subsection [(1)] (2) of this section, [no complaint shall issue] the board may not issue a complaint
based upon an unfair labor practice occurring more than six months before the
filing of the charge with the board, and the service of a copy [thereof] of the charge upon the
person against whom the charge is made, unless the person aggrieved [thereby] by the unfair labor practice
was prevented from filing the charge by reason of service in the Armed Forces
of the United States, in which event the six-month period shall be computed
from the day of discharge.
SECTION 3.
ORS 663.185 is amended to read:
663.185. (1) [A complaint may be amended by] The
Employment Relations Board [in its
discretion] may amend a complaint at any time before the issuance of
an order based [thereon] on the
complaint.
(2) The person so
complained of may file an answer to the original or amended complaint and
appear in person or otherwise and give testimony at the place and time fixed in
the complaint. The person filing the answer shall pay a fee of $250 to the
board.[In the discretion of the
board,] The board may allow any other person [may be allowed] to intervene in the proceeding and to present
testimony. A person allowed to intervene shall pay a fee of $250 to the
board.
(3) [The proceeding, So] As far as
practicable, [shall be conducted] the
board shall conduct the proceeding in accordance with the rules of evidence
applicable to civil actions.
(4) The board shall
deposit fees received under this section to the credit of the Employment
Relations Board Administrative Account.
SECTION 4. The
Employment Relations Board Administrative Account is established separate and
distinct from the General Fund. The account consists of all moneys received by
the Employment Relations Board, other than moneys appropriated to the board by the
Legislative Assembly. All moneys in the account are continuously appropriated
to the board for the payment of all expenses incurred by the board. Interest
earned by the account shall be credited to the General Fund.
SECTION 5. (1)
Any amounts in the Oregon Department of Administrative Services Operating Fund
that are unexpended on the effective date of this 2007 Act and that were
authorized to be expended by the Employment Relations Board under ORS 240.170
(2) are transferred to the Employment Relations Board Administrative Account
and may be used as provided in section 4 of this 2007 Act.
(2) Any amounts in the
P.E. Relations Administrative Account in the General Fund that are unexpended
on the effective date of this 2007 Act and that were authorized to be expended
by the Employment Relations Board are transferred to the Employment Relations
Board Administrative Account and may be used as provided in section 4 of this
2007 Act.
SECTION 6.
ORS 240.170 is amended to read:
240.170. [(1)] All moneys received by the
Personnel Division pursuant to the state personnel management program shall be
deposited in the State Treasury to the credit of the Oregon Department of
Administrative Services Operating Fund and are appropriated continuously out of
that fund for the payment of all expenses incurred by the division for
administration of the state personnel management program.
[(2) All moneys received by the Employment Relations Board pursuant to
ORS 240.167 shall be deposited in the State Treasury to the credit of the
Oregon Department of Administrative Services Operating Fund and are
appropriated continuously out of the fund for the payment of all expenses
incurred by the board.]
SECTION 7.
ORS 240.610 is amended to read:
240.610. (1)
Notwithstanding ORS 662.435, when the Employment Relations Board assigns a
mediator under ORS 243.712 or 662.425 to resolve a labor dispute or labor
controversy between a local public employer and the exclusive representative of
the public employees of that employer, the board may charge a fee for
the mediation services provided by the board.
(2) Notwithstanding any
other law, the fee charged by the board under this section shall not exceed
$1,000, and the local public employer and the exclusive representative shall
each pay one-half of the amount of the fee to the board. Notwithstanding any
other law, in addition to the initial fee charged for mediation services, the
board may charge a second fee, in an amount not to exceed $1,000, for mediation
services performed subsequent to those services performed at one mediation
session after a notice of intent to strike or notice of intent to implement the
employer’s last offer has been given.
(3) Notwithstanding any
other law, in addition to fees for mediation services, the board may establish
fees for training in interest-based problem solving. Such fees are not subject
to the provisions of subsection (2) of this section.
(4) Fees received by the
board under this section shall be deposited to the credit of the [
(5) As used in this
section:
(a) “Exclusive
representative” and “labor dispute” have the meanings given those terms in ORS
243.650.
(b) “Local public
employer” means any political subdivision in this state, including a city,
county, community college, school district, special district and a public and
quasi-public corporation.
SECTION 8. The
amendments to ORS 243.672, 663.180 and 663.185 by sections 1, 2 and 3 of this
2007 Act apply only to charges and answers filed with the Employment Relations
Board and to persons who are allowed to intervene in board proceedings on or
after the effective date of this 2007 Act.
SECTION 9. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect July 1, 2007.
Approved by the Governor June 4, 2007
Filed in the office of Secretary of State June 5, 2007
Effective date July 1, 2007
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