2017 ORS 410.614¹
Rights of home care workers

This section is amended
Effective January 1, 2019
Relating to training for care providers; creating new provisions; and amending ORS 124.050, 183.459, 192.365, 410.596, 410.600, 410.603, 410.604, 410.606, 410.607, 410.608, 410.612, 410.614, 410.619, 410.625, 410.631, 410.632, 419B.005, 430.735, 441.630, 443.004, 443.006, 653.601, 653.646, 656.039, 656.268 and 657.730 and section 4, chapter 796, Oregon Laws 2015.

(1) Notwithstanding ORS 243.650 (Definitions for ORS 243.650 to 243.782) (19) and (20), the Home Care Commission shall be considered a public employer and home care workers shall be considered public employees governed by ORS 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized).

(2) Home care workers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with the commission on matters concerning employment relations. These rights shall be exercised in accordance with the rights granted to public employees with mediation and interest arbitration under ORS 243.742 (Binding arbitration when strike prohibited) as the method of concluding the collective bargaining process.

(3) Home care workers are not public employees with respect to the Public Employees Retirement System, the Oregon Public Service Retirement Plan or the Public Employees’ Benefit Board.

(4) Home care workers do not have the right to strike. [2001 c.901 §7; 2014 c.116 §9]

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.