74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2372
LC 1937/HB 2372-18
HOUSE AMENDMENTS TO
HOUSE BILL 2372
By COMMITTEE ON HUMAN SERVICES AND WOMEN'S WELLNESS
March 26
On page 1 of the printed bill, line 2, after 'ORS' insert '
243.650,'.
In line 9, delete 'and' and insert 'or'.
In line 12, delete 'notify' and insert 'provide reasonable
notice to'.
Delete lines 29 and 30.
On page 2, delete line 1.
In line 2, delete '(4)' and insert '(3)'.
In line 6, delete '(5)' and insert '(4)'.
In line 8, delete '(6)(a)' and insert '(5)(a)'.
In line 18, delete '(7)' and insert '(6)'.
In line 20, delete '(8)' and insert '(7)' and delete ' a' and
insert 'her'.
In line 22, delete '(9)' and insert '(8)'.
In line 26, delete '(10)' and insert '(9)'.
After line 27, insert:
' (10)(a) In addition to, and not in lieu of, any other
requirement under this section, each school district board shall
adopt a policy regarding breast-feeding in the workplace to
accommodate an employee who needs to express milk for her child.
' (b) Each policy must, at a minimum, designate a location at
the school facility, other than a public restroom or toilet
stall, in close proximity to the employee's work area for the
employee to express milk in private.
' (c) A policy adopted under this subsection, including the
designated locations where an employee may express milk, must be
published in an employee handbook. In addition, a list of the
designated locations must be readily available, upon request, in
the central office of each school facility and in the central
administrative office for each school district.'.
In line 33, delete ', 653.077'.
After line 34, insert:
' (2) In addition to any other penalty provided by law, the
commissioner may assess a civil penalty not to exceed $1,000
against any person who intentionally violates ORS 653.077 or any
rule adopted thereunder.'.
In line 35, delete '(2)' and insert '(3)'.
In line 37, delete '(3)' and insert '(4)'.
Delete lines 43 and 44 and insert:
' { + SECTION 3. + } ORS 243.650 is amended to read:
' 243.650. As used in ORS 243.650 to 243.782, unless the
context requires otherwise:
' (1) 'Appropriate bargaining unit' means the unit designated
by the Employment Relations Board or voluntarily recognized by
the public employer to be appropriate for collective bargaining.
However, an appropriate bargaining unit { - cannot - } { +
may not + } include both academically licensed and unlicensed or
nonacademically licensed school employees. Academically licensed
units may include but are not limited to teachers, nurses,
counselors, therapists, psychologists, child development
specialists and similar positions. This limitation
{ - shall - } { + does + } not apply to any bargaining unit
certified or recognized prior to June 6, 1995, or to any school
district with fewer than 50 employees.
' (2) 'Board' means the Employment Relations Board.
' (3) 'Certification' means official recognition by the board
that a labor organization is the exclusive representative for all
of the employees in the appropriate bargaining unit.
' (4) 'Collective bargaining' means the performance of the
mutual obligation of a public employer and the representative of
its employees to meet at reasonable times and confer in good
faith with respect to employment relations for the purpose of
negotiations concerning mandatory subjects of bargaining, to meet
and confer in good faith in accordance with law with respect to
any dispute concerning the interpretation or application of a
collective bargaining agreement, and to execute written contracts
incorporating agreements that have been reached on behalf of the
public employer and the employees in the bargaining unit covered
by such negotiations. The obligation to meet and negotiate does
not compel either party to agree to a proposal or require the
making of a concession. { - Nothing in - } This subsection
{ - shall - } { + may not + } be construed to prohibit a
public employer and a certified or recognized representative of
its employees from discussing or executing written agreements
regarding matters other than mandatory subjects of bargaining
that are not prohibited by law, so long as there is mutual
agreement of the parties to discuss these matters, which are
permissive subjects of bargaining.
' (5) 'Compulsory arbitration' means the procedure whereby
parties involved in a labor dispute are required by law to submit
their differences to a third party for a final and binding
decision.
' (6) 'Confidential employee' means one who assists and acts in
a confidential capacity to a person who formulates, determines
and effectuates management policies in the area of collective
bargaining.
' (7)(a) 'Employment relations' includes, but is not limited
to, matters concerning direct or indirect monetary benefits,
hours, vacations, sick leave, grievance procedures and other
conditions of employment.
' (b) 'Employment relations' does not include subjects
determined to be permissive, nonmandatory subjects of bargaining
by the Employment Relations Board prior to June 6, 1995.
' (c) After June 6, 1995, 'employment relations'
{ - shall - } { + does + } not include subjects which the
Employment Relations Board determines to have a greater impact on
management's prerogative than on employee wages, hours, or other
terms and conditions of employment.
' (d) 'Employment relations' { - shall - } { + does + } not
include subjects that have an insubstantial or de minimis effect
on public employee wages, hours, and other terms and conditions
of employment.
' (e) For school district bargaining, 'employment relations '
{ - shall expressly exclude - } { + excludes + } class size,
the school or educational calendar, standards of performance or
criteria for evaluation of teachers, the school curriculum,
reasonable dress, grooming and at-work personal conduct
requirements respecting smoking, gum chewing and similar matters
of personal conduct, the standards and procedures for student
discipline, the time between student classes, the selection,
agendas and decisions of 21st Century Schools Councils
established under ORS 329.704, { + requirements for expressing
milk under ORS 653.077, + } and any other subject proposed that
is permissive under paragraphs (b), (c) and (d) of this
subsection.
' (f) For all other employee bargaining except school
districts, 'employment relations' { - expressly - } excludes
staffing levels and safety issues (except those staffing levels
and safety issues which have a direct and substantial effect on
the on-the-job safety of public employees), scheduling of
services provided to the public, determination of the minimum
qualifications necessary for any position, criteria for
evaluation or performance appraisal, assignment of duties,
workload when the effect on duties is insubstantial, reasonable
dress, grooming, and at-work personal conduct requirements
respecting smoking, gum chewing, and similar matters of personal
conduct at work, and any other subject proposed that is
permissive under paragraphs (b), (c) and (d) of this subsection.
' (8) 'Exclusive representative' means the labor organization
that, as a result of certification by the board or recognition by
the employer, has the right to be the collective bargaining agent
of all employees in an appropriate bargaining unit.
' (9) 'Fact-finding' means identification of the major issues
in a particular labor dispute by one or more impartial
individuals who review the positions of the parties, resolve
factual differences and make recommendations for settlement of
the dispute.
' (10) 'Fair-share agreement' means an agreement between the
public employer and the recognized or certified bargaining
representative of public employees whereby employees who are not
members of the employee organization are required to make an
in-lieu-of-dues payment to an employee organization except as
provided in ORS 243.666. Upon the filing with the board of a
petition by 30 percent or more of the employees in an appropriate
bargaining unit covered by such union security agreement
declaring they desire that such agreement be rescinded, the board
shall take a secret ballot of the employees in such unit and
certify the results thereof to the recognized or certified
bargaining representative and to the public employer. Unless a
majority of the votes cast in an election favor such union
security agreement, the board shall certify deauthorization
thereof. A petition for deauthorization of a union security
agreement must be filed not more than 90 calendar days after the
collective bargaining agreement is executed. Only one such
election { - shall - } { + may + } be conducted in any
appropriate bargaining unit during the term of a collective
bargaining agreement between a public employer and the recognized
or certified bargaining representative.
' (11) 'Final offer' means the proposed contract language and
cost summary submitted to the mediator within seven days of the
declaration of impasse.
' (12) 'Labor dispute' means any controversy concerning
employment relations or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment
relations, regardless of whether the disputants stand in the
proximate relation of employer and employee.
' (13) 'Labor organization' means any organization that has as
one of its purposes representing employees in their employment
relations with public employers.
' (14) 'Last best offer package' means the offer exchanged by
parties not less than 14 days prior to the date scheduled for an
interest arbitration hearing.
' (15) 'Legislative body' means the Legislative Assembly, the
city council, the county commission and any other board or
commission empowered to levy taxes.
' (16) 'Managerial employee' means an employee of the State of
Oregon who possesses authority to formulate and carry out
management decisions or who represents management's interest by
taking or effectively recommending discretionary actions that
control or implement employer policy, and who has discretion in
the performance of these management responsibilities beyond the
routine discharge of duties. A 'managerial employee' need not act
in a supervisory capacity in relation to other employees.
Notwithstanding this subsection, 'managerial employee'
{ - shall not be construed to - } { + does not + } include
faculty members at a community college, college or university.
' (17) 'Mediation' means assistance by an impartial third party
in reconciling a labor dispute between the public employer and
the exclusive representative regarding employment relations.
' (18) 'Payment-in-lieu-of-dues' means an assessment to defray
the cost for services by the exclusive representative in
negotiations and contract administration of all persons in an
appropriate bargaining unit who are not members of the
organization serving as exclusive representative of the
employees. The payment { - shall - } { + must + } be
equivalent to regular union dues and assessments, if any, or
{ - shall - } { + must + } be an amount agreed upon by the
public employer and the exclusive representative of the
employees.
' (19) 'Public employee' means an employee of a public employer
but does not include elected officials, persons appointed to
serve on boards or commissions, incarcerated persons working
under section 41, Article I of the Oregon Constitution, or
persons who are confidential employees, supervisory employees or
managerial employees.
' (20) 'Public employer' means the State of Oregon, and the
following political subdivisions: Cities, counties, community
colleges, school districts, special districts, mass transit
districts, metropolitan service districts, public service
corporations or municipal corporations and public and
quasi-public corporations.
' (21) 'Public employer representative' includes any individual
or individuals specifically designated by the public employer to
act in its interests in all matters dealing with employee
representation, collective bargaining and related issues.
' (22) 'Strike' means a public employee's refusal in concerted
action with others to report for duty, or his or her willful
absence from his or her position, or his or her stoppage of work,
or his or her absence in whole or in part from the full, faithful
or proper performance of his or her duties of employment, for the
purpose of inducing, influencing or coercing a change in the
conditions, compensation, rights, privileges or obligations of
public employment; however, nothing shall limit or impair the
right of any public employee to lawfully express or communicate a
complaint or opinion on any matter related to the conditions of
employment.
' (23) 'Supervisory employee' means any individual having
authority in the interest of the employer to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward or
discipline other employees, or responsibly to direct them, or to
adjust their grievances, or effectively to recommend such action,
if in connection therewith, the exercise of such authority is not
of a merely routine or clerical nature but requires the use of
independent judgment. Failure to assert supervisory status in any
Employment Relations Board proceeding or in negotiations for any
collective bargaining agreement { - shall - } { + does + }
not thereafter prevent assertion of supervisory status in any
subsequent board proceeding or contract negotiation.
Notwithstanding the provisions of this subsection, { - no - }
{ + a + } nurse, charge nurse or similar nursing position
{ - shall - } { + may not + } be deemed to be supervisory
unless { - such - } { + that + } position has traditionally
been classified as supervisory.
' (24) 'Unfair labor practice' means the commission of an act
designated an unfair labor practice in ORS 243.672.
' (25) 'Voluntary arbitration' means the procedure whereby
parties involved in a labor dispute mutually agree to submit
their differences to a third party for a final and binding
decision.
' { + SECTION 4. + } { + (1) The Commissioner of the Bureau
of Labor and Industries shall appoint an advisory committee. The
advisory committee must include equal representation of members
from labor and management.
' (2) Upon request by a particular industry or profession, the
advisory committee shall:
' (a) Determine when the ordinary course of the requesting
industry or profession makes compliance with ORS 653.077
difficult for an employer in that industry or profession; and
' (b) Submit to the commissioner recommendations for rules that
address compliance difficulties in that industry or profession.
' (3) The commissioner shall determine the terms and
organization of the advisory committee.
' (4) All agencies of state government, as defined in ORS
174.111, are directed to assist the advisory committee in the
performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and
advice as the members of the advisory committee consider
necessary to perform their duties. + }
' { + SECTION 5. + } { + ORS 653.075 and 653.077 are added
to and made a part of ORS 653.010 to 653.261. + }
' { + SECTION 6. + } { + The amendments to ORS 243.650,
653.077 and 653.256 by sections 1 to 3 of this 2007 Act apply to
conduct occurring on or after the effective date of this 2007
Act. + }
' { + SECTION 7. + } { + Notwithstanding section 6 of this
2007 Act, ORS 653.077 (10) first applies to the 2008-2009 school
year. + } ' .
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