2.29 Collective Bargaining Administration

New Search

ERB -Collective Bargaining Page 3 of 4 an employer. 1989 Or Laws ch 1089. (The following text is from the 1997 Supplement) For a description of the political process involved in the legislative deliberations that led to the Public Employee Collective Bargaining Act, see Widenor, Public Sector Bargaining in Oregon: The Enactment of the Pecba (Labor Education & Research Center, University of Oregon, 1989). In 1978 the legislature established a procedure for employees to deauthorize a fair-share agreement entered into by a public employer and exclusive representative. 1978 Or Laws ch 5 (amending ORS ' 243.650(10)). i In 1991 the legislature directed the merger of certain school districts into a single unified district by September 1, 1996. 1991 Or Laws ch 393; see Note following ORS 330.310. The ERB subsequently adopted OAR 115-025-0090 to resolve representation issues regarding employees in the merging districts. The 1991 Legislature also amended ORS 243.726(4)(b) to refer to new legislation regarding contempt of court (ORS 33.015-33.155). 1991 Or Laws ch 724, §28. I In 1993, to avoid eliminating an ERB mediator position because of budget restrictions, the legislature granted the ERB the authority to charge a fee for mediation services provided by the ERB. 1993 Or Laws ch 711. The ERB then adopted OAR 115-040-0000(2), which requires a local public employer and an exclusive representative involved in a labor dispute to each pay $250 before the first mediation session. In 1995, the definition of employment relations was amended to generally exclude subjects that the ERB determines to have an insubstantial effect on employment terms or to be more related to management { prerogative than to wages, hours, or other terms and conditions of employment. The legislature also specifically excluded certain subjects from bargaining for school districts and other public employers. See Supp §§6.8-6.19. ~ The 1995 Legislature revised bargaining procedures related to the length of negotiations before a mediator is appointed, declaration of an impasse, factfinding, strike, arbitration, and midterm bargaining. See generally Supp Chapter 5. In 1995, unconventional strike activity, including "sit-down, slowdown, rolling, intermittent or on-and- off strikes," and picketing at certain locations were added to the list of unfair labor practices. See Supp §§5.63-5.77. The 1995 Legislature revised the definition of supervisory employee in ORS 243.650(23), which has led to a significant change in the ERB's analysis of supervisory status petitions. See Supp §3.18. The 1995 Legislature imposed fees of $250 to file a complaint and $100 to answer a complaint and provided that the ERB may order filing fee reimbursement to the prevailing party when the complaint or answer was frivolous or filed in bad faith. ORS 243.672(31. http://www.erb.state.or.us/histryl c.htm 3/11 /2004