ORS 243.804¹
Reasonable access to employees within bargaining unit
  • duties of public employer regarding employee information in employer’s records

(1)(a) A public employer shall provide an exclusive representative of an appropriate bargaining unit reasonable access to employees within the bargaining unit.

(b) For purposes of newly hired employees in the bargaining unit, reasonable access includes, but is not limited to:

(A) The right to meet with new employees, without loss of employee compensation or leave benefits; and

(B) The right to meet with the new employees within 30 calendar days from the date of hire for a period of at least 30 minutes but not more than 120 minutes, during new employee orientation or, if the public employer does not conduct new employee orientations, at individual or group meetings.

(c) For purposes of employees in the bargaining unit who are not new employees, reasonable access includes, but is not limited to:

(A) The right to meet with employees during the employees’ regular work hours at the employees’ regular work location to investigate and discuss grievances, workplace-related complaints and other matters relating to employment relations; and

(B) The right to conduct meetings at the employees’ regular work location before or after the employees’ regular work hours, during meal periods and during any other break periods.

(2) A public employer shall permit an exclusive representative to use the public employer’s facilities or property, whether owned or leased by the employer, for purposes of conducting meetings with the represented employees in the bargaining unit.

(3)(a) An exclusive representative may hold the meetings described under subsection (1) of this section at a time and place set by the exclusive representative, provided that the meetings do not interfere with the employer’s operations.

(b) The exclusive representative shall have the right to conduct the meetings without undue interference and may establish reasonable rules regarding appropriate conduct for meeting attendees.

(4)(a) If a public employer has the information in the employer’s records, the public employer shall provide to the exclusive representative, in an editable digital file format agreed to by the exclusive representative, the following information for each employee in an appropriate bargaining unit:

(A) The employee’s name and date of hire;

(B) Contact information including:

(i) Cellular, home and work telephone numbers;

(ii) Any means of electronic communication, including work and personal electronic mail addresses; and

(iii) Home address or personal mailing address; and

(C) Employment information, including the employee’s job title, salary and work site location.

(b) The public employer shall provide the information described in paragraph (a) of this subsection to the exclusive representative:

(A) Within 10 calendar days from the date of hire for newly hired employees in an appropriate bargaining unit; and

(B) Every 120 calendar days for employees in the bargaining unit who are not newly hired employees.

(5) An exclusive representative shall have the right to use the electronic mail systems or other similar communication systems of a public employer to communicate with the employees in the bargaining unit regarding:

(a) Collective bargaining, including the administration of collective bargaining agreements;

(b) The investigation of grievances or other disputes relating to employment relations; and

(c) Matters involving the governance or business of the labor organization.

(6) Nothing in this section:

(a) Prevents a public employer from providing an exclusive representative access to employees within the bargaining unit beyond the reasonable access required under this section.

(b) Limits any existing right of a labor organization to communicate with public employees. [2019 c.429 §5]

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