2017 ORS 410.612¹
Collective bargaining

(1) For purposes of collective bargaining under ORS 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized), the Home Care Commission is the employer of record for home care workers.

(2) Except as provided in ORS 410.614 (Rights of home care workers) and 410.619 (Home care worker not state employee), home care workers may not be considered to be employees of the State of Oregon, an area agency or other public agency.

(3) The Oregon Department of Administrative Services shall represent the commission in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of home care workers. The department is authorized to agree to terms and conditions of collective bargaining agreements on behalf of the commission and the Department of Human Services. [2001 c.901 §6; 2014 c.116 §8]

Notes of Decisions

Depart­ment of Human Services determina­tion of employ­ment condi­tions for home care workers is not performed on behalf of, or as representative of, Home Care Commission. Service Employees Interna­tional Union Local 503 v. Depart­ment of Administrative Services, 202 Or App 469, 123 P3d 300 (2005), Sup Ct review denied

Chapter 410

Notes of Decisions

Agency rules making place­ment of handicapped and elderly per­sons factor of their primary service needs and providing for different residential facilities to accommodate per­sons with different needs were consistent with pro­vi­sions of this chapter in effect at time peti­tioner, who was mentally retarded, was refused place­ment at facility which primarily served elderly. Dempsey v. Senior Services Division, 92 Or App 163, 758 P2d 367 (1988)

1 Legislative Counsel Committee, CHAPTER 410—Senior and Disability Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors410.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 410, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano410.­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.