77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1268
A-Engrossed
House Bill 2448
Ordered by the House April 4
Including House Amendments dated April 4
Sponsored by Representative DOHERTY (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires issue subject to collective bargaining during term of
collective bargaining agreement that is not resolved through
negotiation or mediation to be resolved through binding
arbitration.
Prohibits public employees from striking when issue subject to
collective bargaining during term of collective bargaining
agreement is subject to binding arbitration.
A BILL FOR AN ACT
Relating to matters subject to collective bargaining during term
of collective bargaining agreement; amending ORS 243.698,
243.742 and 243.746.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 243.698 is amended to read:
243.698. (1) When the employer is obligated to bargain over
employment relations during the term of a collective bargaining
agreement and the exclusive representative demands to bargain,
the bargaining may not, without the consent of both parties and
provided the parties have negotiated in good faith, continue past
90 calendar days after the date the notification specified in
subsection (2) of this section is received.
(2) The employer shall notify the exclusive representative in
writing of anticipated changes that impose a duty to bargain.
(3) Within 14 calendar days after the employer's notification
of anticipated changes specified in subsection (2) of this
section is sent, the exclusive representative may file a demand
to bargain. If a demand to bargain is not filed within 14 days of
the notice, the exclusive representative waives its right to
bargain over the change or the impact of the change identified in
the notice.
(4) The expedited bargaining process shall cease 90 calendar
days after the written notice described in subsection (2) of this
section is sent { - , and the employer may implement the
proposed changes without further obligations to bargain - } . At
any time during the 90-day period, the parties jointly may agree
to mediation, but that mediation { - shall - } { + may + }
not continue past the 90-day period from the date the
notification specified in subsection (2) of this section is sent.
Neither party may seek binding arbitration during the 90-day
period.
{ + (5) If the parties fail to reach an agreement through
bargaining or mediation, upon expiration of the 90-day period:
(a) The matter shall be submitted to the State Conciliation
Service for mediation as provided in ORS 662.405 to 662.455 for a
period of up to 15 days from the date of the first mediation
session.
(b) If the parties fail to reach an agreement through the
mediation required by paragraph (a) of this subsection, the
matter shall be submitted to the Employment Relations Board for
binding arbitration as provided in ORS 243.742 and 243.746.
(c) The employees in the bargaining unit subject to the binding
arbitration may not strike. + }
SECTION 2. ORS 243.742 is amended to read:
243.742. (1) It is the public policy of the State of Oregon
that where the right of employees to strike is by law prohibited,
it is requisite to the high morale of such employees and the
efficient operation of such departments to afford an alternate,
expeditious, effective and binding procedure for the resolution
of labor disputes and to that end the provisions of ORS 240.060,
240.065, 240.080, 240.123, 243.650 to 243.782, 292.055 and
341.290, providing for compulsory arbitration, shall be liberally
construed.
(2) When the procedures set forth in ORS { + 243.698, + }
243.712 and 243.722, relating to mediation of a labor dispute,
have not culminated in a signed agreement between the parties who
are prohibited from striking, the public employer and exclusive
representative of its employees shall include with the final
offer filed with the mediator a petition to the Employment
Relations Board in writing { - which - } { + that + }
initiates binding arbitration for bargaining units with employees
referred to in ORS 243.736 (1). Arbitration shall be scheduled
by mutual agreement not earlier than 30 days following the
submission of the final offer packages to the mediator.
Arbitration shall be scheduled in accordance with the procedures
prescribed in ORS 243.746.
SECTION 3. ORS 243.746, as amended by section 1, chapter 878,
Oregon Laws 2009, is amended to read:
243.746. (1) In carrying out the arbitration procedures
authorized in ORS { + 243.698, + } 243.712 (2)(e), 243.726
(3)(c) and 243.742, the public employer and the exclusive
representative may select their own arbitrator.
(2) Where the parties have not selected their own arbitrator
within five days after notification by the Employment Relations
Board that arbitration is to be initiated, the board shall submit
to the parties a list of seven qualified, disinterested, unbiased
persons. A list of Oregon interest arbitrations and fact-findings
for which each person has issued an award shall be included. Each
party shall alternately strike three names from the list. The
order of striking shall be determined by lot. The remaining
individual shall be designated the 'arbitrator':
(a) When the parties have not designated the arbitrator and
notified the board of their choice within five days after receipt
of the list, the board shall appoint the arbitrator from the
list. However, if one of the parties strikes the names as
prescribed in this subsection and the other party fails to do so,
the board shall appoint the arbitrator only from the names
remaining on the list.
(b) The concerns regarding the bias and qualifications of the
person designated by lot or by appointment may be challenged by a
petition filed directly with the board. A hearing shall be held
by the board within 10 days of filing of the petition and the
board shall issue a final and binding decision regarding the
person's neutrality within 10 days of the hearing.
(3) The arbitrator shall establish dates and places of
hearings. Upon the request of either party or the arbitrator, the
board shall issue subpoenas. Not less than 14 calendar days prior
to the date of the hearing, each party shall submit to the other
party a written last best offer package on all unresolved
mandatory subjects, and neither party may change the last best
offer package unless pursuant to stipulation of the parties or as
otherwise provided in this subsection. The date set for the
hearing may thereafter be changed only for compelling reasons or
by mutual consent of the parties. If either party provides notice
of a change in its position within 24 hours of the 14-day
deadline, the other party will be allowed an additional 24 hours
to modify its position. The arbitrator may administer oaths and
shall afford all parties full opportunity to examine and
cross-examine all witnesses and to present any evidence pertinent
to the dispute.
(4) Where there is no agreement between the parties, or where
there is an agreement but the parties have begun negotiations or
discussions looking to a new agreement or amendment of the
existing agreement, unresolved mandatory subjects submitted to
the arbitrator in the parties' last best offer packages shall be
decided by the arbitrator. Arbitrators shall base their findings
and opinions on these criteria giving first priority to paragraph
(a) of this subsection and secondary priority to paragraphs (b)
to (h) of this subsection as follows:
(a) The interest and welfare of the public.
(b) The reasonable financial ability of the unit of government
to meet the costs of the proposed contract giving due
consideration and weight to the other services, provided by, and
other priorities of, the unit of government as determined by the
governing body. A reasonable operating reserve against future
contingencies, which does not include funds in contemplation of
settlement of the labor dispute, shall not be considered as
available toward a settlement.
(c) The ability of the unit of government to attract and retain
qualified personnel at the wage and benefit levels provided.
(d) The overall compensation presently received by the
employees, including direct wage compensation, vacations,
holidays and other paid excused time, pensions, insurance,
benefits, and all other direct or indirect monetary benefits
received.
(e) Comparison of the overall compensation of other employees
performing similar services with the same or other employees in
comparable communities. As used in this paragraph, 'comparable '
is limited to communities of the same or nearest population range
within Oregon. Notwithstanding the provisions of this paragraph,
the following additional definitions of 'comparable' apply in the
situations described as follows:
(A) For any city with a population of more than 325,000, '
comparable' includes comparison to out-of-state cities of the
same or similar size;
(B) For counties with a population of more than 400,000, '
comparable' includes comparison to out-of-state counties of the
same or similar size;
(C) Except as otherwise provided in subparagraph (D) of this
paragraph, for the State of Oregon, 'comparable' includes
comparison to other states; and
(D) For the Department of State Police troopers, ' comparable'
includes the base pay for city police officers employed by the
five most populous cities in this state.
(f) The CPI-All Cities Index, commonly known as the cost of
living.
(g) The stipulations of the parties.
(h) Such other factors, consistent with paragraphs (a) to (g)
of this subsection as are traditionally taken into consideration
in the determination of wages, hours, and other terms and
conditions of employment. However, the arbitrator shall not use
such other factors, if in the judgment of the arbitrator, the
factors in paragraphs (a) to (g) of this subsection provide
sufficient evidence for an award.
(5) Not more than 30 days after the conclusion of the hearings
or such further additional periods to which the parties may
agree, the arbitrator shall select only one of the last best
offer packages submitted by the parties and shall promulgate
written findings along with an opinion and order. The opinion and
order shall be served on the parties and the board. Service may
be personal or by registered or certified mail. The findings,
opinions and order shall be based on the criteria prescribed in
subsection (4) of this section.
(6) The cost of arbitration shall be borne equally by the
parties involved in the dispute.
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