Oregon Administrative Rules Chapter 115 - EMPLOYMENT RELATIONS BOARD
Oregon Administrative Rules (OAR) Chapter 115 is dedicated to the Employment Relations Board (ERB). The ERB is a quasi-judicial body in Oregon that plays a crucial role in regulating labor relations for both public and, to a lesser extent, private sector employees in the state.
Here's a breakdown of the key functions and areas covered by OAR Chapter 115, organized by its divisions:
Overall Mission and Powers of the ERB:
The ERB's mission is to resolve labor relations disputes and determine union representation matters. It administers several key Oregon laws, including:
The Public Employee Collective Bargaining Act (PECBA): This governs collective bargaining for state and local government employees.
The State Personnel Relations Law (SPRL): This creates appeal rights for non-union state employees regarding certain personnel actions.
State labor laws covering private sector employees exempt from the National Labor Relations Act (NLRA).
The ERB provides four main services:
Labor Mediation: Helps parties resolve collective bargaining disputes, contract grievances, and unfair labor practices.
Contested Case Hearings: Administrative Law Judges (ALJs) conduct hearings on various complaints, including unfair labor practices.
State Personnel Appeal Cases: Hears and decides appeals from state employees regarding personnel actions like suspension, demotion, or dismissal.
Union Representation Certifications: Determines appropriate bargaining units and conducts elections or card checks for union representation.
The Board also maintains a panel of arbitrators and, in some cases, appoints an arbitrator (e.g., for alleged misconduct by law enforcement officers).
Key Divisions within OAR Chapter 115:
Division 1: Procedural Rules:
Covers general procedures for Board operations, including meetings, public records, filings and service of documents, and the use of Board agents.
Outlines rules for hearings, such as time, place, notice, electronic devices, motions, rules of evidence, subpoenas, witnesses, depositions, prehearing procedures, and conduct of hearings.
Division 10: General/Policy and Definitions:
Provides definitions of terms used throughout Chapter 115, such as "Appeal," "Appellant," "Board Agent," "Party," "Recommended Order," and "Showing of Interest."
Details rules for Board meetings and contested case hearings, public records, and the use of Board agents.
Division 25: Public Employee Representation:
Addresses the processes for establishing and changing public employee bargaining units.
Includes rules for petitions to certify new bargaining units (by card check or election), petitions for an election to change exclusive representatives, and petitions to decertify exclusive representatives.
Covers unit clarification petitions, notice of petitions, requests for elections, and intervention in elections.
Defines factors for determining an "appropriate unit" for collective bargaining, such as community of interest, wages, hours, working conditions, and bargaining history.
Division 30: Public Employee Deauthorization of Fair Share Agreement:
Outlines the procedures for public employees to deauthorize a fair share agreement, which requires non-union members to pay a fee to the union for its representation services.
Division 35: Unfair Labor Practice Complaints in Public Employment:
Details the process for filing and investigating unfair labor practice complaints by public employers, public employees, and labor organizations.
Covers the issuance and amendment of complaints, answers to complaints, and hearing procedures for these cases.
Division 40: Dispute Resolution in Public Employment:
Addresses procedures for resolving disputes arising from collective bargaining in the public sector, including mediation and conciliation services.
Division 45: Appeals, Hearings and Investigations in the State Service Under the State Personnel Relations Law:
Governs appeals from state employees concerning personnel actions like suspension, reduction in pay, demotion, and dismissal.
Includes definitions specific to these appeals and rules for filing appeals, conducting hearings, and issuing recommended orders.
Division 50: Review and Enforcement of State Personnel Relations Arbitration Awards:
Outlines the process for reviewing and enforcing arbitration awards related to state personnel actions, including grounds for exceptions to awards.
Division 60: Private Employee Representation:
Covers representation petitions, unit clarification, and amendment of bargaining units for private sector employees where Oregon law applies (i.e., those not covered by the NLRA).
Division 65: Private Employee Deauthorization of Union Security Agreement:
Similar to Division 30, but for private employees, addressing the deauthorization of union security agreements.
Division 70: Unfair Labor Practice Charges in Private Employment:
Details the procedures for filing, investigating, and hearing unfair labor practice charges in private employment, analogous to Division 35 for public employees.
Division 85: Arbitration Procedures for Reduction or Recall of Teacher Staff Pursuant to ORS 342.934(7):
Provides specific arbitration procedures related to teacher layoffs and recalls.
In essence, OAR Chapter 115 provides the detailed operational rules that enable the Oregon Employment Relations Board to carry out its statutory mandate of promoting stable and effective labor relations across Oregon's public and some private sectors.
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