ORS 243.676
Processing of unfair labor practice complaints

  • civil penalties

(1)

Whenever a written complaint is filed alleging that any person has engaged in or is engaging in any unfair labor practice listed in ORS 243.672 (Unfair labor practices) (1) to (4) and 243.752 (Arbitration decision final), the Employment Relations Board or its agent shall:

(a)

Cause to be served upon such person a copy of the complaint;

(b)

Investigate the complaint to determine if a hearing on the unfair labor practice charge is warranted. If the investigation reveals that no issue of fact or law exists, the board may dismiss the complaint; and

(c)

Set the matter for hearing if the board finds in its investigation made pursuant to paragraph (b) of this subsection that an issue of fact or law exists. The hearing shall be before the board or an agent of the board not more than 20 days after a copy of the complaint has been served on the person.

(2)

Where, as a result of the hearing required pursuant to subsection (1)(c) of this section, the board finds that any person named in the complaint has engaged in or is engaging in any unfair labor practice charged in the complaint, the board shall:

(a)

State its findings of fact;

(b)

Issue and cause to be served on such person an order that the person cease and desist from the unfair labor practice;

(c)

Take such affirmative action, including but not limited to the reinstatement of employees with or without back pay, as necessary to effectuate the purposes of ORS 240.060 (Employment Relations Board), 240.065 (Appointment), 240.080 (Chairperson appointed by Governor), 240.123 (Board personnel), 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) and 341.290 (General powers);

(d)

Designate the amount and award representation costs, if any, to the prevailing party; and

(e)

Designate the amount and award attorney fees, if any, to the prevailing party on appeal, including proceedings for Supreme Court review, of a board order.

(3)

Where the board finds that the person named in the complaint has not engaged in or is not engaging in an unfair labor practice, the board shall:

(a)

Issue an order dismissing the complaint; and

(b)

Designate the amount and award representation costs, if any, to the prevailing party.

(4)

Intentionally left blank —Ed.

(a)

The board may award a civil penalty to any person as a result of an unfair labor practice complaint hearing, in the aggregate amount of up to $1,000 per case, without regard to attorney fees, if:

(A)

The complaint has been affirmed pursuant to subsection (2) of this section and the board finds that the person who has committed, or who is engaging, in an unfair labor practice has done so repetitively, knowing that the action taken was an unfair labor practice and took the action disregarding this knowledge, or that the action constituting the unfair labor practice was egregious; or

(B)

The complaint has been dismissed pursuant to subsection (3) of this section, and that the complaint was frivolously filed, or filed with the intent to harass the other person, or both.

(b)

Notwithstanding paragraph (a) of this subsection, if the board finds that a public employer named in the complaint violated ORS 243.670 (Prohibition of actions by public employer to assist, promote or deter union organizing) (2), the board shall impose a civil penalty equal to triple the amount of funds the public employer expended to assist, promote or deter union organizing.

(5)

As used in subsections (1) to (4) of this section, “person” includes but is not limited to individuals, labor organizations, associations and public employers. [1973 c.536 §5; 1979 c.219 §1; 1983 c.504 §1; 1983 c.559 §1; 2013 c.663 §7; 2019 c.429 §12; 2019 c.439 §2]

Source: Section 243.676 — Processing of unfair labor practice complaints; civil penalties, https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html.

See also annotations under ORS 243.745 in permanent edition.

Notes of Decisions

The Employment Relations Board has a duty to determine whether a labor agreement requires that certain complaints be processed as grievances. Portland Assn. of Teachers v. School Dist. 1, 27 Or App 247, 555 P2d 943 (1976)

Employment Relations Board has exclusive jurisdiction to enforce arbitration agreements arising out of public-sector labor relations, notwithstanding [former] ORS 33.230. Smith v. State of Oregon, 31 Or App 15, 569 P2d 677 (1977), Sup Ct review denied

Employment Relations Board, not Court of Appeals, has initial authority to determine what costs and fees, if any, are awarded for proceedings both before ERB and on judicial review in an unfair labor practice case. Executive Department v. FOPPO, 94 Or App 754, 767 P2d 112 (1989)

This section does not prevent Employment Relations Board from exercising remedies other than penalty or imposing sanctions to achieve purposes of Public Employees Collective Bargaining Act. Elvin v. OPEU, 102 Or App 159, 793 P2d 338 (1990), aff’d 313 Or 165, 832 P2d 36 (1992)

Employment Relations Board must investigate complaint but if it finds no issue of fact or law, it may dismiss complaint without hearing. OSEA v. Salem-Keizer School Dist. 24J, 103 Or App 221, 797 P2d 375 (1990)

Employment Relations Board is required to interpret collective bargaining agreements and should do so in same manner and pursuant to same rules of construction as courts apply in construing contracts under common law. OSEA v. Rainier School Dist. No. 13, 311 Or 188, 808 P2d 83 (1991)

Employment Relations Board has discretion to impose civil penalty. Lane County Public Works Assn. v. Lane County, 118 Or App 46, 846 P2d 414 (1993)

Plaintiff cannot avoid exclusive jurisdiction of Employment Relations Board to determine existence of unfair labor practice by alleging unfair practice as element of tort claim. Ahern v. Oregon Public Employees Union, 329 Or 428, 988 P2d 364 (1999)

Attorney General Opinions

Information concerning allegations of unfair labor practices of public record, (1976) Vol 38, p 467

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