74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to A-Eng. HB 2372 (A to RC)
LC 1937/HB 2372-A21
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2372
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
DEVELOPMENT
April 30
On page 3 of the printed A-engrossed bill, line 10, after '
(4)' insert '(a)'.
In line 12, after the period begin a new paragraph and insert '
(b)'.
In line 13, after 'under' insert 'subsection (1) of'.
After line 15, insert:
' (c) The remainder, if any, of the sums collected as penalties
under subsection (2) of this section shall be paid over by the
commissioner to the Department of Human Services for the benefit
of the Breastfeeding Mother Friendly Employer Project. The
department shall issue a receipt for the moneys to the
commissioner.'.
On page 6, after line 14, insert:
' { + SECTION 3a. + } { + If Senate Bill 400 becomes law,
section 3 of this 2007 Act (amending ORS 243.650) is repealed and
ORS 243.650, as amended by section 1, chapter ___, Oregon Laws
2007 (Enrolled Senate Bill 400), 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 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. This subsection 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 as 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' does not
include subjects that 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' 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 '
does not include 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 employee bargaining involving employees covered by
ORS 243.736, 'employment relations' includes safety and staffing
only as they relate to on-the-job safety.
' (g) For all other employee bargaining except school district
bargaining and except as provided in paragraph (f) of this
subsection, 'employment relations' does not include staffing
levels and safety issues (except those staffing levels and safety
issues that 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 the agreement be rescinded, the board
shall take a secret ballot of the employees in the 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 the union
security agreement, the board shall certify deauthorization of
the agreement. 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' { - may
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 the 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 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 { - the - } { + 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.'.
After line 32, insert:
' { + SECTION 6a. + } If Senate Bill 400 becomes law, section
6 of this 2007 Act is amended to read:
' { + Sec. 6. + } The amendments to ORS 243.650, 653.077 and
653.256 by sections 1 { + , 2 and 3a + } { - to 3 - } of this
2007 Act apply to conduct occurring on or after the effective
date of this 2007 Act.'.
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