2017 ORS 240.086¹
Duties of board
  • rules

The duties of the Employment Relations Board shall be to:

(1) Review any personnel action affecting an employee, who is not in a certified or recognized appropriate collective bargaining unit, that is alleged to be arbitrary or contrary to law or rule, or taken for political reason, and set aside such action if it finds these allegations to be correct.

(2) Review and enforce arbitration awards involving employees in certified or recognized appropriate collective bargaining units. The awards shall be enforced unless the party against whom the award is made files written exceptions thereto for any of the following causes:

(a) The award was procured by corruption, fraud or undue means.

(b) There was evident partiality or corruption on the part of the arbitrator.

(c) The arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party were prejudiced.

(d) The arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.

(e) There was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award.

(f) The arbitrators awarded upon a matter not submitted to them, unless it was a matter not affecting the merits of the decision upon the matters submitted.

(g) The award is in violation of law.

(3) Adopt such rules or hold such hearings as it finds necessary to perform the duties, functions and powers imposed on or vested in it by law. [1969 c.80 §35a (enacted in lieu of 240.085); 1971 c.575 §5; 1975 c.605 §14; 1979 c.468 §5]

Notes of Decisions

Where after long, excep­tional service, peti­tioner only recently developed disqualifying characteristics in the area of supervision, the board properly overruled the public employer’s dismissal of him and ordered his demo­tion to the highest level nonsupervisory posi­tion. James v. Employ­ment Div., 20 Or App 309, 531 P2d 710 (1975), Sup Ct review denied

The Employ­ment Rela­tions Board was without jurisdic­tion to hear a charge of sex discrimina­tion. Phillips v. Dept. of Rev., 23 Or App 748, 544 P2d 196 (1975)

The Personnel Division is not re­quired to set forth in job announce­ments its evaluative criteria to be applied in ranking those who meet the re­quired qualifica­tions. Paul v. Personnel Div., 28 Or App 603, 560 P2d 293 (1977)

The board may make a de novo review of the facts that were the basis of an appointing authority’s decision to discharge a public employe; overruling Phillips v. State Bd. of Higher Educ., 7 Or App 588, 490 P2d 5 (1971), Sup Ct review denied and Thompson v. Secretary of State, 19 Or App 73, 526 P2d 621 (1974), Sup Ct review denied. Fairview Hospital and Training Center v. Stanton, 28 Or App 643, 560 P2d 667 (1977)

Where Personnel Division had statutory responsibility for classifica­tion and compensa­tion plans for classified service, Forestry Depart­ment did not have authority to promulgate directive binding division to include within restructuring-reclassifica­tion proposal request for salary increases for all employes placed into classifica­tion with higher salary range. Berry v. State Forestry Dept., 35 Or App 703, 582 P2d 473 (1978), Sup Ct review denied

In pro­ceed­ing initiated by Oregon State Employes Associa­tion under this sec­tion, ERB lacked jurisdic­tion to determine whether Personnel Division hiring and promo­tion practices violated Merit System Law, where no specific “affected party” was named. OSEA v. Personnel Division, 36 Or App 353, 585 P2d 1 (1978)

Three month performance appraisal before layoff was reasonable under this sec­tion where applicable statutes and rules re­quired only that performance appraisal be completed before layoff, that length of service and appraisal be considered, and that appraisals be used to determine order of layoffs. Duncan v. Law Enforce­ment Council, 37 Or App 119, 586 P2d 398 (1978), Sup Ct review denied

Where power was given by this sec­tion to Employ­ment Rela­tions Board to decide grievances, refusal by Depart­ment of General Services to submit matter to binding arbitra­tion was not unfair labor practice. OSEA v. Dept. of General Services, 39 Or App 157, 592 P2d 562 (1979)

Making arbitra­tion award unenforceable if it “is in viola­tion of law” permits ERB to review only to determine if award itself would require viola­tion of law and not to determine whether arbitrator’s underlying legal conclusions are correct. Federa­tion of Oregon Parole Officers v. Correc­tions Div., 67 Or App 559, 679 P2d 868 (1984), Sup Ct review denied

Employ­ment Rela­tions Board authority to modify or set aside per­sonnel ac­tion re­gard­ing manage­ment service employee is limited to ac­tion de­scribed under ORS 240.560 (Appeal procedure). Knutzen v. Dept. of Insurance and Finance, 129 Or App 565, 879 P2d 1335 (1994)

Atty. Gen. Opinions

Right of a nonlawyer union business agent to represent a member before the board, (1972) Vol 35, p 1088

Chapter 240

Notes of Decisions

Effect of Public Employes Rela­tions Act is to modify authority of Personnel Division so that, while division retains responsibility for es­tab­lishing general job salary grades and classifica­tions, specific salary within each range which is paid to employe in public employe bargaining unit is subject to negotia­tion or arbitra­tion under terms of ORS chapter 243. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied

Completed Cita­tions

Beistel v. Pub. Employe Rela­tions Bd., 6 Or App 115, 486 P2d 1305 (1971)

Atty. Gen. Opinions

Changing regular eight-hour day and 40-hour week without overtime pay, (1972) Vol 35, p 1291; state agencies paying carpooling employes’ parking fees, (1974) Vol 36, p 1015; uniform collective bargaining agree­ments for like classes of employes, (1978) Vol 38, p 1694; employe classifica­tion of deputy public defenders, (1979) Vol 39, p 726

Law Review Cita­tions

51 OLR 38 (1971); 16 WLR 341 (1979)

1 Legislative Counsel Committee, CHAPTER 240—State Personnel Relations, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors240.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 240, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano240.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.