Binding arbitration when strike prohibited
(1) It is the public policy of the State of Oregon that where the right of employees to strike is by law prohibited, it is requisite to the high morale of such employees and the efficient operation of such departments to afford an alternate, expeditious, effective and binding procedure for the resolution of labor disputes and to that end the provisions 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 243.782) to 243.782 (Representation by counsel authorized), 292.055 (Deduction for payment to labor organization) and 341.290 (General powers), providing for compulsory arbitration, shall be liberally construed.
(2) When the procedures set forth in ORS 243.712 (Mediation upon failure to agree after 150-day period) and 243.722 (Fact-finding procedure), relating to mediation of a labor dispute, have not culminated in a signed agreement between the parties who are prohibited from striking, the public employer and exclusive representative of its employees shall include with the final offer filed with the mediator a petition to the Employment Relations Board in writing that initiates binding arbitration for bargaining units with employees referred to in ORS 243.736 (Strikes by deputy district attorneys and certain emergency and public safety personnel) or 243.738 (Strikes by employees of mass transit districts, transportation districts and municipal bus systems). Arbitration shall be scheduled by mutual agreement not earlier than 30 days following the submission of the final offer packages to the mediator. Arbitration shall be scheduled in accordance with the procedures prescribed in ORS 243.746 (Selection of arbitrator). [1973 c.536 §18; 1995 c.286 §9; 2017 c.496 §6]
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