ORS 243.650
Definitions for ORS 243.650 to 243.809


As used in ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards), 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 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)

Intentionally left blank —Ed.

(a)

“Employment relations” includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, labor organization access to and communication with represented employees, 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:

(A)

“Employment relations” includes class size and caseload limits in schools that qualify for assistance under Title I of the federal Elementary and Secondary Education Act of 1965.

(B)

“Employment relations” excludes 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 (Local 21st Century Schools Councils), requirements for expressing milk under ORS 653.077 (Expressing milk in workplace), 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 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel) and employees of the Department of Corrections who have direct contact with adults in custody, “employment relations” includes safety issues that have an impact on the on-the-job safety of the employees or staffing levels that have a significant impact on the on-the-job safety of the employees.

(g)

For employee bargaining involving sworn law enforcement officers of a law enforcement agency, as those terms are defined in ORS 131.930 (Definitions), “employment relations” includes the development of a discipline guide or discipline matrix as those terms are defined in ORS 243.706 (Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process).

(h)

For all other employee bargaining except school district bargaining and except as provided in paragraph (f) of this subsection, “employment relations” excludes 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 (Certified or recognized labor organization as exclusive employee group representative). 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 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 or a public university listed in ORS 352.002 (Public universities) 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” 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 must be equivalent to regular union dues and assessments, if any, or 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 Article I, section 41, 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)

Intentionally left blank —Ed.

(a)

“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.

(b)

“Supervisory employee” includes a faculty member of a public university listed in ORS 352.002 (Public universities) or the Oregon Health and Science University who:

(A)

Is employed as a president, vice president, provost, vice provost, dean, associate dean, assistant dean, head or equivalent position; or

(B)

Is employed in an administrative position without a reasonable expectation of teaching, research or other scholarly accomplishments.

(c)

“Supervisory employee” does not include:

(A)

A nurse, charge nurse or nurse holding a similar position if that position has not traditionally been classified as supervisory;

(B)

A firefighter prohibited from striking by ORS 243.736 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel) who assigns, transfers or directs the work of other employees but does not have the authority to hire, discharge or impose economic discipline on those employees;

(C)

A faculty member of a public university listed in ORS 352.002 (Public universities) or the Oregon Health and Science University who is not a faculty member described in paragraph (b) of this subsection; or

(D)

An employee of the Oregon State Police who:
(i)
Serves in a rank equivalent to or below the rank of sergeant;
(ii)
Is prohibited from striking by ORS 243.736 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel); and
(iii)
Assigns, transfers or directs the work of other employees but does not hire, discharge or impose economic discipline on those employees.

(24)

“Unfair labor practice” means the commission of an act designated an unfair labor practice in ORS 243.672 (Unfair labor practices).

(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. [Formerly 243.711; 1975 c.728 §1; 1978 c.5 §1; 1987 c.792 §1; 1995 c.286 §1; 1999 c.59 §61; 2001 c.104 §75; 2007 c.141 §1a; 2007 c.144 §3; 2013 c.302 §1; 2014 c.15 §1; 2015 c.99 §1; 2015 c.767 §65; 2017 c.553 §1; 2019 c.146 §1; 2019 c.213 §127; 2019 c.429 §7; 2020 s.s.1 c.18 §2; 2021 c.490 §1]
Note 1: The amendments to 243.650 (Definitions for ORS 243.650 to 243.809) by section 5, chapter 541, Oregon Laws 2021, become operative not later than November 1, 2022. See sections 4 (4) [243.812 (Commission on Statewide Law Enforcement Standards of Conduct and Discipline) (4)] and 11, chapter 541, Oregon Laws 2021. The text that is operative from not later than November 1, 2022, until January 1, 2026, is set forth for the user’s convenience.
243.650 (Definitions for ORS 243.650 to 243.809). As used in ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards), 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 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)

Intentionally left blank —Ed.

(a)

“Employment relations” includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, labor organization access to and communication with represented employees, 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:

(A)

“Employment relations” includes class size and caseload limits in schools that qualify for assistance under Title I of the federal Elementary and Secondary Education Act of 1965.

(B)

“Employment relations” excludes 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 (Local 21st Century Schools Councils), requirements for expressing milk under ORS 653.077 (Expressing milk in workplace), 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 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel) and employees of the Department of Corrections who have direct contact with adults in custody, “employment relations” includes safety issues that have an impact on the on-the-job safety of the employees or staffing levels that have a significant impact on the on-the-job safety of the employees.

(g)

For all other employee bargaining except school district bargaining and except as provided in paragraph (f) of this subsection, “employment relations” excludes 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 (Certified or recognized labor organization as exclusive employee group representative). 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 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 or a public university listed in ORS 352.002 (Public universities) 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” 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 must be equivalent to regular union dues and assessments, if any, or 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 Article I, section 41, 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)

Intentionally left blank —Ed.

(a)

“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.

(b)

“Supervisory employee” includes a faculty member of a public university listed in ORS 352.002 (Public universities) or the Oregon Health and Science University who:

(A)

Is employed as a president, vice president, provost, vice provost, dean, associate dean, assistant dean, head or equivalent position; or

(B)

Is employed in an administrative position without a reasonable expectation of teaching, research or other scholarly accomplishments.

(c)

“Supervisory employee” does not include:

(A)

A nurse, charge nurse or nurse holding a similar position if that position has not traditionally been classified as supervisory;

(B)

A firefighter prohibited from striking by ORS 243.736 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel) who assigns, transfers or directs the work of other employees but does not have the authority to hire, discharge or impose economic discipline on those employees;

(C)

A faculty member of a public university listed in ORS 352.002 (Public universities) or the Oregon Health and Science University who is not a faculty member described in paragraph (b) of this subsection; or

(D)

An employee of the Oregon State Police who:
(i)
Serves in a rank equivalent to or below the rank of sergeant;
(ii)
Is prohibited from striking by ORS 243.736 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel); and
(iii)
Assigns, transfers or directs the work of other employees but does not hire, discharge or impose economic discipline on those employees.

(24)

“Unfair labor practice” means the commission of an act designated an unfair labor practice in ORS 243.672 (Unfair labor practices).

(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.
Note 2: The amendments to 243.650 (Definitions for ORS 243.650 to 243.809) by section 2, chapter 146, Oregon Laws 2019, become operative January 1, 2026. See section 3, chapter 146, Oregon Laws 2019. The text that is operative on and after January 1, 2026, including amendments by section 3, chapter 18, Oregon Laws 2020 (first special session), section 2, chapter 490, Oregon Laws 2021, and section 6, chapter 541, Oregon Laws 2021, is set forth for the user’s convenience.
243.650 (Definitions for ORS 243.650 to 243.809). As used in ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards), 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 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)

Intentionally left blank —Ed.

(a)

“Employment relations” includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, labor organization access to and communication with represented employees, 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:

(A)

“Employment relations” includes class size and caseload limits in schools that qualify for assistance under Title I of the federal Elementary and Secondary Education Act of 1965.

(B)

“Employment relations” excludes 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 (Local 21st Century Schools Councils), requirements for expressing milk under ORS 653.077 (Expressing milk in workplace), 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 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel) and employees of the Department of Corrections who have direct contact with adults in custody, “employment relations” includes safety issues that have an impact on the on-the-job safety of the employees or staffing levels that have a significant impact on the on-the-job safety of the employees.

(g)

For all other employee bargaining except school district bargaining and except as provided in paragraph (f) of this subsection, “employment relations” excludes 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 (Certified or recognized labor organization as exclusive employee group representative). 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 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 or a public university listed in ORS 352.002 (Public universities) 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” 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 must be equivalent to regular union dues and assessments, if any, or 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 Article I, section 41, 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)

Intentionally left blank —Ed.

(a)

“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.

(b)

“Supervisory employee” includes a faculty member of a public university listed in ORS 352.002 (Public universities) or the Oregon Health and Science University who:

(A)

Is employed as a president, vice president, provost, vice provost, dean, associate dean, assistant dean, head or equivalent position; or

(B)

Is employed in an administrative position without a reasonable expectation of teaching, research or other scholarly accomplishments.

(c)

“Supervisory employee” does not include:

(A)

A nurse, charge nurse or nurse holding a similar position if that position has not traditionally been classified as supervisory;

(B)

A firefighter prohibited from striking by ORS 243.736 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel) who assigns, transfers or directs the work of other employees but does not have the authority to hire, discharge or impose economic discipline on those employees; or

(C)

A faculty member of a public university listed in ORS 352.002 (Public universities) or the Oregon Health and Science University who is not a faculty member described in paragraph (b) of this subsection.

(24)

“Unfair labor practice” means the commission of an act designated an unfair labor practice in ORS 243.672 (Unfair labor practices).

(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.

Source: Section 243.650 — Definitions for ORS 243.650 to 243.809, https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html.

See also annotations under ORS 243.711 in permanent edition.

Notes of Decisions

The selection of a fair-share ratification procedure need only be some procedure which reasonably reflects the opinion of the majority of the bargaining unit members. Oregon City Fedn. of Teachers v. Employe Relations Bd., 23 Or App 540, 543 P2d 297 (1975)

A court’s review of the Employment Relations Board’s decision as to what is a mandatory subject for collective bargaining is limited to determining whether the decision is lawful in substance and is supported by substantial evidence. Springfield Educ. Assn. v. Springfield Sch. Dist. 19, 24 Or App 751, 547 P2d 647 (1976), as modified by 25 Or App 407, 549 P2d 1141 (1976)

Substitute teachers are public employes within definition of this section. Eugene School District v. Substitute Teacher Organization, 31 Or App 1255, 572 P2d 650 (1977)

In a proceeding before the Employment Relations Board to certify a bargaining unit, an order by the board denying a motion to dismiss such a proceeding on the ground that the employer is not a “public employer” and holding that it is, to the contrary, a “public employer,” is not a “final order” so as to be appealable under the terms of ORS 183.480. Lane Council of Governments v. Lane Council of Governments Employes Association, 277 Or 631, 561 P2d 1012 (1977), on reconsideration 278 Or 335, 563 P2d 729 (1977)

Notwithstanding that it was improper for public employer to classify employe as “supervisory employe,” and thus place him on list of positions excluded from collective bargaining, without first giving notice to union as required by bargaining agreement, employe was not then entitled to disobey order not to attend union meeting, but was required to remain at job and then file grievance under procedure provided by bargaining agreement. Whitney v. Employment Division, 280 Or 35, 569 P2d 1078 (1977)

Sheriff is “public employer” within meaning of this section. Hockema v. OSEA, 34 Or App 527, 579 P2d 282 (1978), Sup Ct review denied

Where collective bargaining agreement included provision requiring fair share payments-in-lieu-of-dues, and it was intent of parties to agreement that vote approving of agreement would constitute ratification of fair share requirement, subsequent judicial decision mandating separate vote for ratification of fair share provision was not retroactive and did not require repayment of previously withheld fair share payments. Oregon City Federation of Teachers v. OCEA, 36 Or App 27, 584 P2d 303 (1978)

Collective bargaining agreement requiring payments of only those nonunion members who had been union members during term of agreement but had dropped out of union was not fair share agreement within meaning of this section. Stines v. OSEA, 287 Or 643, 601 P2d 799 (1979)

Although teachers’ summer vacation was mandatory bargaining subject, scheduling summer vacation and teachers’ “workdays” were permissive bargaining subjects. Eugene Education Assn. v. Eugene School Dist., 46 Or App 733, 613 P2d 79 (1980)

Determination of whether certain aspects of public schoolteacher evaluations were “conditions of employment” and therefore employment relations subject to mandatory collective bargaining was properly made by Employment Relations Board in exercise of interpretive rather than legislative authority as statute embodies complete expression of legislative policy not subject to refinement by ERB. Springfield Educ. Assn. v. Springfield School Dist., 290 Or 217, 621 P2d 547 (1980)

Firefighters’ safety proposal was mandatory subject for bargaining where ERB found safety is of “like character” to statutory examples of employment relations and firefighters proved that preponderant purpose of specific language of proposal was to protect employes. International Assoc. of Firefighters, Local 314 v. City of Salem, 68 Or App 793, 684 P2d 605 (1984), Sup Ct review denied

Employment Relations Board has authority to determine propriety of payment-in-lieu-of-dues amount agreed upon by public employer and exclusive representative of employees. Carlson v. AFSCME, 73 Or App 755, 700 P2d 260 (1985), Sup Ct review denied

Prohibition in ORS 260.432 against requiring public employee to support political cause does not supersede right of exclusive representative of employees to collect payment-in-lieu-of-dues to support political position affecting rights of represented employees. Carlson v. AFSCME, 73 Or App 755, 700 P2d 260 (1985), Sup Ct review denied

When “fair share” provision exempts from its operation certain state agencies, but is otherwise in all respects fair share agreement, it is invalid under this section because it does not require contribution by all nonunion members of bargaining unit. Stevens v. OPEU, 82 Or App 264, 728 P2d 97 (1986), Sup Ct review denied

Because legislature explicitly included “matters concerning...vacations” within definition of “employment relations” in this section, Employment Relations Board erred in interpreting “employment relations” to include only those vacation proposals that affect “employment conditions” to a greater extent than “management rights.” Portland Fire Fighters Assoc. v. City of Portland, 305 Or 275, 751 P2d 770 (1988)

City of Salem’s reserve police officer program involved “matters concerning direct or indirect monetary benefits” within meaning of “employment relations.” Salem Police Employees Union v. City of Salem, 308 Or 383, 781 P2d 335 (1989)

Collective bargaining agreement which required continuing payments to all employees except for those working less than 15 hours per week was “fair share” agreement. Bates v. Portland Federation of Teachers, 106 Or App 221, 807 P2d 306 (1991)

Where union collected “fair share” payments from nonunion public employees without complying with safeguards instituted to protect employees’ rights of free speech and association, restitution was appropriate remedy. Elvin v. OPEU, 313 Or 165, 832 P2d 36 (1992)

Employment Relations Board misinterpreted “employment relations” by treating workload as if workload were same as five enumerated items in this section. Tualatin Valley Bargaining v. Tigard School Dist., 314 Or 274, 840 P2d 657 (1992)

Whether “other conditions of employment” includes proposal depends on specific facts of each case. Tualatin Valley Bargaining v. Tigard School Dist., 314 Or 274, 840 P2d 657 (1992)

Determination whether subject has greater impact on management’s prerogative than on wages, hours or other terms is irrelevant for matter specifically listed as being subject of “employment relations.” Eugene Police Employees’ Association v. City of Eugene, 157 Or App 341, 972 P2d 1191 (1998), Sup Ct review denied

“Academically licensed” refers to positions requiring academic training and involving provision of direct professional service to students, whether or not requiring formal licensing. Linn-Benton-Lincoln Education Association v. Linn-Benton-Lincoln ESD, 163 Or App 558, 989 P2d 25 (1999)

Where change in minimum qualifications necessary for position has impact on direct or indirect monetary benefits, impact of change in minimum qualifications is subject to mandatory bargaining. Beaverton Police Association v. City of Beaverton, 194 Or App 531, 95 P3d 1160 (2004)

Where proposal for required employee training courses includes some courses that involve safety issues but not all courses involve safety issues, proposal does not involve a “safety issue” under subsection (7) of this section because it is not reasonably understood, on its face, to directly address a matter related to on-the-job safety of employees. Multnomah County Corrections Deputy Association v. Multnomah County, 257 Or App 713, 308 P3d 230 (2013)

“Reasonable belief” standard is proper standard for determining which individuals constitute “public employer representative” under this section. Therefore, when employees of public employer reasonably believe that individual acted on behalf of public employer in committing unfair labor practice, that individual constitutes “public employer representative” under this section such that employer may be held liable for individual’s conduct under ORS 243.672. AFSCME Council 75 v. City of Lebanon, 360 Or 809, 388 P3d 1028 (2017)

Department chairs may organize under Public Employee Collective Bargaining Act because they are not in charge of departments and their primary focus is academic, not administrative; chairs are not in “head or equivalent position,” as used in this section. Oregon Tech AAUP v. Oregon Institute of Technology, 314 Or App 595, 500 P3 55 (2021), Sup Ct review denied

Employment Relations Board’s conclusion that employer had duty to bargain when union requested midterm bargaining over mandatory subject not specifically covered by parties’ agreement, even without unilateral change by employer, was within range of discretion allowed by policy underlying Public Employee Collective Bargaining Act. Multnomah County v. Mult. County Corrections Deputy Assn., 317 Or App 89, 505 P3d 1037 (2022)

Attorney General Opinions

Right of a nonlawyer union business agent to represent a member before the Public Employe Relations Board, (1972) Vol 35, p 1088; American Association of University Professors as a labor organization, (1972) Vol 35, p 1105; seniority as a related economic issue, (1972) Vol 35, p 1134; Retirement benefit credit for unused sick leave, request by school district, (1973) Vol 36, p 665; uniform collective bargaining for state employes in same class of position, (1978) Vol 38, p 1694; permissible payment which may be required from nonmembers with respect to Fair Share Agreements, (1978) Vol 38, p 1855

Law Review Citations

28 WLR 259 (1992); 32 WLR 69, 707 (1996)

243.005
Definitions for ORS 243.005 to 243.045
243.015
Life insurance for police and firefighters
243.025
Issuance of $10,000 life insurance certificate
243.035
Premiums and administrative costs to be budgeted and paid by public employers
243.045
Police and firefighters considered common group for certain purposes
243.055
Exemption from requirements of ORS 243.005 to 243.045 for certain public employers
243.057
Role of executive director
243.061
Public Employees’ Benefit Board
243.066
Officers
243.105
Definitions for ORS 243.105 to 243.285
243.107
Employees of public universities eligible to participate in benefit plan
243.125
Powers and duties of board
243.129
Participation in benefit plan by local government
243.135
Health benefit plans for eligible employees
243.140
Health benefit and dental plans for persons operating foster homes
243.142
Application for federal waiver
243.144
Health benefit plan coverage requirements
243.145
Board authority with respect to health benefit plans
243.156
Coverage of adult disabled children
243.160
Eligibility of retired officer or employee to participate in dental benefit plan
243.163
Eligibility of former member of Legislative Assembly to participate in group benefit plan
243.165
Public Employees’ Benefit Account
243.167
Public Employees’ Revolving Fund
243.170
Contributions for job-share employees limited
243.185
Transfer of moneys from General Fund for payment of costs of health benefit plans
243.200
Participation of self-pay groups in benefit plans
243.205
Reports
243.215
Certain eligible employees permitted to receive employer contributions for health benefit plans of their choice
243.221
Options that may be offered under flexible benefit plan
243.223
Rules for flexible benefit plans
243.252
Payment of cost for employees or retirees
243.256
Reimbursement methodology for payment to hospitals
243.275
Additional benefit plans authorized
243.285
Salary deductions
243.291
Plan eligibility
243.296
Requirements when board offers long term care insurance plan
243.302
Grouping retired and nonretired employees for health insurance coverage
243.303
Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children
243.305
Policy of affirmative action and fair and equal employment opportunities and advancement
243.315
Director of Affirmative Action
243.317
Definitions for ORS 243.317 to 243.323
243.319
Written policy regarding workplace harassment
243.321
Written policies and procedures regarding investigation of report of workplace harassment
243.323
Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment
243.325
“Public employee” defined
243.330
Leaves of absence for athletic competition
243.335
Reimbursement to public employer
243.401
Definitions for ORS 243.401 to 243.507
243.411
Deferred Compensation Fund
243.416
State Treasurer as fund custodian
243.421
Investment program for fund
243.426
Accounts
243.428
Forfeited payments
243.435
Plan contents
243.440
Salary reduction for deferred compensation plan
243.445
Employee choice of plans
243.450
Disclosure statement
243.460
Effect of deferred compensation on current taxable income and on retirement programs
243.462
Option to defer compensation on after-tax basis
243.465
Rollover distribution of deferred amounts to beneficiary
243.470
Administration of deferred compensation program
243.472
Costs of plan administration assessed against participants
243.474
Investment of local government plan assets through investment program
243.476
Compliance with federal requirements
243.478
Plan administration agreements
243.482
Immunity of governmental agencies from liability for plan administration or investment of funds
243.505
Deferred Compensation Advisory Committee
243.507
Payment of deferred compensation to alternate payee under judgment or order
243.550
Dependent care assistance plan
243.555
Definitions for ORS 243.555 to 243.575
243.560
Rulemaking
243.565
Administration of plan
243.570
Compensation reduction agreement
243.575
Computation of retirement and pension benefits
243.585
Accounting system allowances for dedication of salary
243.650
Definitions for ORS 243.650 to 243.809
243.656
Policy statement
243.662
Rights of public employees to join labor organizations
243.666
Certified or recognized labor organization as exclusive employee group representative
243.668
Legislative findings
243.670
Prohibition of actions by public employer to assist, promote or deter union organizing
243.672
Unfair labor practices
243.676
Processing of unfair labor practice complaints
243.682
Representation questions
243.684
Requirements for petition for representation
243.686
Representation elections
243.692
Limitation on successive representation elections
243.696
Bargaining representatives for executive department state agencies, judicial department and legislative department
243.698
Expedited bargaining process
243.702
Renegotiation of invalid provisions in agreements
243.706
Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process
243.712
Mediation upon failure to agree after 150-day period
243.716
Use of volunteers not contracting out for services
243.722
Fact-finding procedure
243.726
Public employee strikes
243.732
Refusal to cross picket line as prohibited strike
243.736
Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel
243.738
Strikes by employees of mass transit districts, transportation districts and municipal bus systems
243.742
Binding arbitration when strike prohibited
243.746
Selection of arbitrator
243.752
Arbitration decision final
243.756
Employment conditions during arbitration
243.762
Alternative arbitration procedure under collective bargaining agreement
243.766
Board duties in administration of collective bargaining laws
243.772
Effect of collective bargaining laws on local charters and ordinances
243.778
Student representation when bargaining unit includes public university faculty
243.782
Representation by counsel authorized
243.796
Definitions for ORS 243.796 to 243.806
243.798
Reasonable time granted to designated representatives to engage in certain activities during work hours
243.802
Written agreements regarding grant of period of release time for public employees to serve as designated representatives
243.804
Reasonable access to employees within bargaining unit
243.806
Agreement authorizing public employer to make deductions from salary or wages of public employee
243.808
Arbitration concerning alleged misconduct by law enforcement officer
243.809
Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards
243.812
Commission on Statewide Law Enforcement Standards of Conduct and Discipline
243.815
Optional retirement plan for certain academic and administrative public university employees
243.820
Agreement for payment of annuity premium or investment in stock of regulated investment company
243.830
Effect of agreement on retirement contributions and benefits
243.850
Qualified football coaches plan
243.860
Definitions for ORS 243.860 to 243.886
243.862
Oregon Educators Benefit Board
243.864
Duties
243.866
Benefit plans
243.867
Participation in benefit plan by local government
243.868
Benefit plans for other than health and dental benefits
243.869
Coverage of adult disabled children
243.870
Long term care benefit plans
243.872
Requirements when board offers long term care benefit plan
243.874
Flexible benefit plans
243.876
Payroll deductions
243.877
Health benefit plan coverage requirements
243.878
Board authority with respect to health benefit plans
243.879
Reimbursement methodology for payment to hospitals
243.880
Oregon Educators Benefit Account
243.882
Monthly participation assessment
243.884
Oregon Educators Revolving Fund
243.886
Limitations on district participation in benefit plans
243.910
Definitions for ORS 243.910 to 243.945
243.920
Assisting employees to obtain supplemental benefits
243.930
Board contributions
243.935
Employer assumption of full amount of employee contributions
243.940
Employee election
243.945
Employees not eligible for assistance
243.950
Public Safety Memorial Fund
243.952
Public Safety Memorial Fund Board
243.954
Definitions for ORS 243.954 to 243.974
243.956
Eligibility for benefits from fund
243.958
Initial application for benefits
243.959
Supplemental application for benefits
243.960
Application information public record
243.962
Determination of award amount
243.964
Order
243.966
Reconsideration
243.968
Payment of awards
243.969
Payment of lump sum benefits
243.970
Authority of board
243.972
Gifts
243.974
Designation of beneficiary form
Green check means up to date. Up to date