ORS 243.802¹
Written agreements regarding grant of period of release time for public employees to serve as designated representatives
  • requirements during period of release time

(1) Except as otherwise provided under this section, a public employer and an exclusive representative may negotiate and enter into written agreements whereby:

(a) The public employer shall provide a reasonable term of release time for public employees to serve as designated representatives of the exclusive representative or an affiliated labor organization.

(b) The public employer and the exclusive representative may agree to:

(A) The manner in which an exclusive representative shall request authorization for release time;

(B) The length of release time; and

(C) The terms of reimbursement for the period of release time granted to the public employee to serve as the designated representative.

(2) An agreement entered into under subsection (1) of this section does not constitute a violation of ORS 243.670 (Prohibition of actions by public employer to assist, promote or deter union organizing) or 243.672 (Unfair labor practices) (1)(b).

(3) Upon request of an exclusive representative, a collective bargaining agreement or other similar written agreement entered into between a public employer and the exclusive representative before January 1, 2020, shall be reopened for negotiation regarding the authorization of release time under this section.

(4) At the conclusion or termination of a period of release time granted to a designated representative under this section, the designated representative shall have a right of reinstatement to the same position and work location held prior to the commencement of the release time or, if not feasible, to a substantially similar position without loss of seniority, rank or classification.

(5) Unless otherwise provided in a collective bargaining agreement or any other written agreement entered into between a public employer and an exclusive representative, the exclusive representative shall reimburse the public employer for any compensation that is paid to the designated representative during a period of release time. Compensation paid under this subsection includes any employer contributions made toward any employee benefits, including benefits under ORS chapter 238A.

(6) A designated representative taking release time under this section shall receive full retirement credit for the entire duration of the release time, as long as the designated representative continues to meet any retirement contribution obligations pursuant to ORS chapter 238 or pursuant to the collective bargaining agreement or any other written agreement entered into between the public employer and the exclusive representative.

(7) Any release time authorized under this section shall be in addition to any vacation leave, sick leave or any other form of paid or unpaid leave that is available to a public employee under state law or under a collective bargaining agreement or any other written agreement entered into between the public employer and the exclusive representative.

(8) An exclusive representative or a designated representative may terminate a period of release time authorized under this section at any time for any reason.

(9)(a) A public employer is not liable for an act or omission of, or an injury suffered by, an employee of the public employer if the act, omission or injury occurs during the course and scope of the employee serving as a designated representative for the exclusive representative during a period of release time.

(b) If the public employer is held liable, the exclusive representative shall indemnify the employer and hold the employer harmless from all liability arising from the act, omission or injury that occurred during the period of release time.

(10) Agreements entered into under this section shall not be deemed an unfair labor practice under ORS 243.672 (Unfair labor practices). [2019 c.429 §4]

Chapter 243

Notes of Decisions

Effect of Public Employe 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 this chapter. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied

Provision of collective bargaining agree­ment giving present employes lateral transfer rights was valid under ORS 240.321 (Collective bargaining) and fact that its imple­menta­tion resulted in male succeeding female employe did not violate state af­firm­a­tive ac­tion statutes. State Executive Dept. v. OPEU, 91 Or App 124, 754 P2d 582 (1988)

Atty. Gen. Opinions

State agencies paying carpooling employes’ parking fees, (1974) Vol 36, p 1015

Law Review Cita­tions

51 OLR 23, 44 (1971)

1 Legislative Counsel Committee, CHAPTER 243—Public Employee Rights and Benefits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors243.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 243, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano243.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information