Chapter 834
AN ACT
SB 858
Relating to adult foster care providers.
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 443.705 to 443.825.
SECTION 2. (1) As used in this section, “adult foster
care home provider” means a person who operates an adult foster home in the
provider’s home and who receives fees or payments from the state for providing
adult foster care home services. “Adult foster care home provider” does not
include a person:
(a) Who is a resident
manager of an adult foster home who does not provide adult foster care home
services in the resident manager’s own home or who does not have a controlling
interest in, or is not an officer or partner in, the entity that is the
provider of adult foster care home services;
(b) Who is not a natural
person; or
(c) Whose participation
in collective bargaining is determined by the Department of Human Services to
be inconsistent with this section or in violation of state or federal law.
(2) For purposes of
collective bargaining under ORS 243.650 to 243.782, the State of
(3) Notwithstanding ORS
243.650 (19), adult foster care home providers are considered to be public
employees governed by ORS 243.650 to 243.782. Adult foster care home providers
have the right to form, join and participate in the activities of labor
organizations of their own choosing for the purposes 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. Adult foster care home providers
may not strike.
(4) Notwithstanding
subsections (2) and (3) of this section, adult foster care home 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), an appropriate bargaining unit for adult foster care home
providers is any bargaining unit recognized by the Governor in an executive
order issued prior to the effective date of this 2007 Act.
(7) This section does
not modify any right of an adult receiving foster care.
SECTION 3. (1) For the purposes of ORS 243.650 (8) and
243.666, on the effective date of this 2007 Act the State of Oregon shall
recognize as the exclusive representative of adult foster care home providers
the labor organization that was recognized as the majority representative of
adult foster care home providers under Executive Order 07-07 or was recognized
as the majority representative under any executive order issued subsequent to
Executive Order 07-07 and prior to the effective date of this 2007 Act.
(2) Nothing in this
section may be construed to interfere with adult foster care home 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 withdraw recognition of a labor organization or seek a
representation election.
Approved by the Governor July 27, 2007
Filed in the office of Secretary of State July 27, 2007
Effective date January 1, 2008
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