Chapter 563
AN ACT
SB 788
Relating to family child care providers; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS 657A.250 to 657A.450.
SECTION 2. (1) As used in this section:
(a) “Certified family
child care provider” means an individual who operates a family child care home
that is certified under ORS 657A.280.
(b) “Child care subsidy”
means a payment made by the state on behalf of eligible children for child care
services provided for periods of less than 24 hours in a day.
(c) “Exempt family child
care provider” means an individual who provides child care services in the home
of the individual or in the home of the child, whose services are not required
to be certified or registered under ORS 657A.250 to 657A.450 and who receives a
child care subsidy.
(d) “Family child care
provider” means an individual who is a certified, registered or exempt family
child care provider.
(e) “Registered family
child care provider” means an individual who operates a family child care home
that is registered under ORS 657A.330.
(2) For purposes of
collective bargaining under ORS 243.650 to 243.782, the State of
(3) Notwithstanding ORS
243.650 (19), family child care providers are considered to be public employees
governed by ORS 243.650 to 243.782. Family child care providers 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 on
matters concerning labor relations. These rights shall be exercised in
accordance with the rights granted to public employees, with mediation and
interest arbitration under ORS 243.742 as the method of concluding the
collective bargaining process. Family child care providers may not strike.
(4) Notwithstanding
subsections (2) and (3) of this section, family child care providers are not
for any other purpose employees of the State of Oregon or any other public
body.
(5) The Oregon
Department of Administrative Services shall represent the State of
(6) Notwithstanding ORS
243.650 (1):
(a) The appropriate
bargaining unit for certified and registered family child care providers is a
bargaining unit of all certified and registered family child care providers in
the state.
(b) The appropriate
bargaining unit for exempt family child care providers is a bargaining unit of
all exempt family child care providers in the state.
(7) This section does
not modify any right of a parent or legal guardian to choose and terminate the
services of a family child care provider.
SECTION 3. (1) For the purposes of ORS 243.650 (8) and
243.666, on the operative date of section 2 of this 2007 Act, the State of
(a) Recognize as the
exclusive representative the labor organization that was recognized as the
majority representative of certified and registered family child care providers
under Executive Order 05-10 prior to the effective date of this 2007 Act; and
(b) Recognize as the
exclusive representative the labor organization that was recognized as the
majority representative of exempt family child care providers under Executive
Order 06-04 prior to the effective date of this 2007 Act.
(2) Nothing in this
section may be construed to interfere with family child care providers’ rights
under ORS 243.650 to 243.782 to question representation or seek a
representation election, or the State of Oregon’s rights under ORS 243.650 to
243.782 to withdrawn recognition of a labor organization or seek a
representation election.
SECTION 4. Section 2 of this 2007 Act becomes operative
on October 1, 2007.
SECTION 5. 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 on its passage.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date June 25, 2007
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