74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2070
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Employment Relations Board)
CHAPTER ................
AN ACT
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 Oregon:
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.
Enrolled House Bill 2070 (HB 2070-A) Page 1
(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 Oregon and a labor organization. The Governor and other
statewide elected officials are not considered members of a
governing body for purposes of this paragraph. Nothing in this
unfair labor practice provision shall be interpreted or applied
in a manner that violates the right of free speech and assembly
as protected by the Constitution of the United States or the
Constitution of the State of Oregon.
(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
Enrolled House Bill 2070 (HB 2070-A) Page 2
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. + }
Enrolled House Bill 2070 (HB 2070-A) Page 3
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 { - Oregon Department of
Administrative Services Operating Fund established by ORS
240.170 - } { + Employment Relations Board Administrative
Account + }.
(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.
Enrolled House Bill 2070 (HB 2070-A) Page 4
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. + }
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Passed by House May 9, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 18, 2007
...........................................................
President of Senate
Enrolled House Bill 2070 (HB 2070-A) Page 5
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2070 (HB 2070-A) Page 6