Oregon Bulletin
Rule
Caption: Amends fees charged for unfair
labor practice and mediation services.
Adm.
Order No.: ERB 1-2011(Temp)
Filed with Sec. of
State: 6-30-2011
Certified to be
Effective: 7-1-11 thru 12-28-11
Notice Publication
Date:
Rules Amended: 115-035-0000, 115-035-0035, 115-035-0045,
115-040-0005, 115-070-0000, 115-070-0035, 115-070-0050, 115-080-0010
Subject: Amends agency rules to conform with SB 5556, which was
adopted by the 2011 Legislature and is effective July 1, 2011. Filing fees for
unfair labor practice complaints and charges, answers, and intervention and for
mediation services are increased. Mediation fees are based on a sliding scale.
Rules Coordinator: Leann G. Wilcox—(503) 378-8610
115-035-0000
Filing an Unfair Labor Practice
Complaint
(1) Who may file. An injured party may file a complaint
alleging that a person(s) has engaged in or is engaging in an unfair labor
practice as defined in ORS 243.672. Such complaint shall be filed in triplicate
with the Board on forms approved by the Board.
(2) Contents of Complaint. The complaint shall contain
the following information:
(a) The name and address of the person(s) making the
complaint (referred to in these rules as complainant);
(b) The name and address of the person(s) against whom
the complaint is made (referred to in these rules as respondent);
(c) A clear and concise statement of the facts
constituting each alleged violation followed by the specific section and
subsection of the law allegedly violated. Such statements shall include the
names of persons committing specific complained of acts and the dates when such
acts allegedly occurred; and
(d) The signature of the person filing the complaint.
(3) Supporting Data. At the time the complaint is
filed, the complainant shall submit a written statement setting forth its
version of the relevant facts, including names, dates, and places together with
any documentary evidence which may be relevant to the issues raised by the
complaint.
(4) Filing fee. A filing fee of $300 must be paid at
the time the complaint is filed. Complaints that are filed without a filing fee
are subject to dismissal for that reason.
Stat. Auth.: ORS 240.086(3) &
243.766(7)
Stats. Implemented: ORS 243.672(3)
Hist.: ERB 1-1980, f. & ef.
1-9-80; ERB 1-1994, f. 6-23-94, cert. ef. 7-1-94; ERB 2-1995(Temp), f. 7-17-95,
cert. ef. 8-1-95; ERB 4-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 3-1998, f.
& cert. ef. 1-26-98; ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11
115-035-0035
Answer to Complaint
(1) Answer. The respondent shall have 14 days from date
of service of the complaint in which to file an answer. All allegations in the
complaint not denied by the answer, unless the respondent states in the answer
that it is without knowledge, shall be deemed to be admitted to be true and
shall be so found by the Board, unless good cause to the contrary is shown.
Complainant shall be required to establish a prima facie case. The answer will
be deemed sufficient if it generally denies all allegations of the complaint.
Respondent shall specifically admit by way of answer any undisputed allegations
and set forth any affirmative defenses.
(2) Service of Answer. Upon filing an answer, the
respondent shall serve a copy upon the complainant or its representative of
record. Proof of such service, setting forth the time and manner thereof, shall
be filed with the answer.
(3) Failure to File. If the respondent fails to file a
timely answer, absent a showing of good cause, it will not be allowed to
present evidence at the hearing, and will be restricted to making legal
arguments.
(4) Filing Fee. A filing fee of $300 must be paid by
the respondent when the answer is filed. The answer will not be considered to
be filed until the fee is paid.
NOTE: Former (2) Motion to Make More Definite is now renumbered as
115-035-0007.
Stat. Auth.: ORS 240.086(3) &
243.766(7)
Stats. Implemented: ORS 243.672(3)
& 243.676
Hist.: ERB 1-1980, f. & ef.
1-9-80; ERB 8-1985, f. 10-29-85, ef. 10-31-85; ERB 2-1995(Temp), f. 7-17-95,
cert. ef. 8-1-95; ERB 4-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 3-1998, f.
& cert. ef. 1-26-98; ERB 1-2000, f. & cert. ef. 12-1-00; ERB
1-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 12-27-07; ERB 3-2007, f.
12-17-07, cert. ef. 12-26-07; ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11
thru 12-28-11
115-035-0045
Motions; Intervention
(1) Motions. All motions, including motions for
intervention, shall be typewritten or, if made at the hearing, may be stated
orally on the record and shall briefly state the order or relief sought and the
grounds for such motion. Written motions shall be filed with the Board agent,
together with proof of service of a copy thereof upon the other parties.
(2) Motions to Intervene. Any person desiring to
intervene in any proceeding shall make a motion for intervention no later than
seven days before the date set for hearing, stating the grounds upon which such
person claims to have an interest in the proceeding. The Board agent may permit
intervention to such extent and upon such terms as he/she may deem proper.
(3) Filing Fee. A filing fee of $300 must be paid by
the intervenor when the motion for intervention is filed. The motion will not
be considered to be filed until the fee is paid.
Stat. Auth.: ORS 240.086(3) &
243.766(7)
Stats. Implemented: ORS
243.676(1)(c) & 243.672(3)
Hist.: ERB 1-1980, f. & ef.
1-9-80; ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11
115-040-0005
Conciliation Service Fees
(1) Interest Mediation: When mediation concerns
negotiations over the terms of a collective bargaining agreement, the board
will charge a fee for mediation services. The local public employer and the
exclusive representative shall each pay one-half of the amount of the fee to
the board. The fee charged by the board may not exceed:
(a) $1,000 for the first two mediation sessions ($500
per party);
(b) $500 for the third mediation session ($250 per
party);
(c) $750 for the fourth mediation session ($375 per party);
and
(d) $1,000 for each additional mediation session ($500
per party).
(2) Grievance Mediation: When mediation concerns a
grievance arising under a collective bargaining agreement, a local public
employer and an exclusive representative each will be charged $250.
(3) Unfair Labor Practice Mediation: When mediation
concerns a pending unfair labor practice complaint, a local public employer and
an exclusive representative each will be charged $250.
(4) Interest-Based Training: The Conciliation Service
shall offer training in interest-based bargaining, labor/management
cooperation, problem solving and similar programs specifically designed for
particular local public employer/exclusive representative needs. Fees for such
training shall be $2,500 for two-day training programs, $1,500 for one-day
refresher training, and $700 for half-day training programs. The fees for
facilitations and related travel time shall be $60 per hour.
(5) Billing: For mediation services, parties will be
billed when the first mediation session occurs. For training, parties will be
billed when the training session occurs, with the employer and exclusive
representative sharing equally the costs unless the parties agree otherwise.
(6) Definitions: “Local public employer” means any political
subdivision in this state, including a city, county, community college, school
district, special district, mass transit district, metropolitan service
district, public service corporation or municipal corporation and a public and
quasi-public corporation. “Exclusive representative” has the meaning given that
term in ORS 243.650(8).
Stat. Auth.: ORS 240.086(3) &
243.766(7)
Stats. Implemented: ORS 240.610(2)
Hist.: ERB 1-1995(Temp), f.
6-26-95, cert. ef. 7-1-95; ERB 5-1995, f. 11-30-95, cert. ef. 12-1-95; ERB
1-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 12-27-07; ERB 3-2007, f.
12-17-07, cert. ef. 12-26-07; ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11
thru 12-28-11
115-070-0000
Filing an Unfair Labor Practice
Charge
(1) Who May File. An injured party may file a charge
alleging that a person(s) has engaged in or is engaging in an unfair labor
practice. Such charge shall be filed in triplicate with the Board on forms
provided by the Board.
(2) Content of Charge. The charge shall contain the following
information:
(a) The name and address of the person making the
charge;
(b) The name and address of the person(s) against whom
the charge is made;
(c) A description of the nature of the business
involved;
(d) A clear and concise statement of the facts
constituting each alleged violation followed by the specific section and
subsection of the law allegedly violated. Such statements shall include the
names of persons committing specific complained of acts and the dates when such
acts allegedly occurred; and
(e) The signature of the person filing the charge.
(3) Supporting Data. At the time the charge is filed,
the charging party shall submit a written statement setting forth its version
of the relevant facts, including names, dates, and places, together with any
documentary evidence which may be relevant to the issues raised by the charge.
(4) Service of Charge. Concurrent with the filing of
the charge, the filing party shall serve a copy of the charge upon the person
against whom the charge is made and certify such service to the Board.
(5) Filing fee. A filing fee of $300 must be paid at
the time the charge is filed. Charges that are filed without a filing fee are
subject to dismissal for that reason.
Stat. Auth.: ORS 240.086(3) &
243.766(7)
Stats. Implemented: ORS 663.175
& 663.180
Hist.: ERB 1-1980, f. & ef.
1-9-80; ERB 1-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 12-27-07; ERB
3-2007, f. 12-17-07, cert. ef. 12-26-07; ERB 1-2011(Temp), f. 6-30-11, cert.
ef. 7-1-11 thru 12-28-11
115-070-0035
Answer to the Complaint
(1) Answer. The respondent shall have 14 days from date
of service of the complaint in which to file an answer. All allegations in the
complaint not denied by the answer, unless the respondent shall state in the
answer that he/she is without knowledge, shall be deemed to be admitted to be
true and shall be so found by the Board, unless good cause to the contrary is
shown. The answer will be deemed sufficient if it generally denies all
allegations of the complaint. Respondent shall specifically admit by way of
answer any undisputed allegations and shall set forth any affirmative defenses.
(2) Service of Answer. Upon filing an answer, the
respondent shall serve a copy upon the charging party or his/her attorney of
record. Proof of such service, setting forth the time and manner thereof, shall
be filed with the answer.
(3) Filing Fee. A filing fee of $300 must be paid by
the respondent when the answer is filed. The answer will not be considered to
be filed until the fee is paid.
Stat. Auth.: ORS 240.086(3) &
243.766(7)
Stats. Implemented: ORS 663.185(2)
Hist.: ERB 1-1980, f. & ef.
1-9-80; ERB 1-2007(Temp), f. 6-29-07, cert. ef. 7-1-07 thru 12-27-07; ERB
3-2007, f. 12-17-07, cert. ef. 12-26-07; ERB 1-2011(Temp), f. 6-30-11, cert.
ef. 7-1-11 thru 12-28-11
115-070-0050
Motions; Intervention
(1) Motions. All motions, including motions for
intervention, shall be typewritten or, if made at the hearing, may be stated
orally on the record and shall briefly state the order or relief sought and the
grounds for such motion. Written motions shall be filed with the Board agent,
together with proof of service of a copy thereof upon the other parties.
(2) Motions to Intervene. Any person desiring to
intervene in any proceeding shall make a motion for intervention no later than
seven days before the date set for hearing, stating the grounds upon which such
person claims to have an interest in the proceeding. The Board Agent may permit
intervention to such extent and upon such terms as he/she may deem proper.
(3) Filing Fee. A filing fee of $300 must be paid by
the intervenor when the motion for intervention is filed. The motion will not
be considered to be filed until the fee is paid.
Stat. Auth.: ORS 240.086(3) &
243.766(7)
Stats. Implemented: ORS 663.185(2)
& ORS 663.190
Hist.: ERB 1-1980, f. & ef.
1-9-80; ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11
115-080-0010
Mediation
(1) Upon a request for mediation, the Board may, in its
discretion, assign a mediator to the dispute, or it may decline and direct the
parties to resume good faith bargaining. When a mediator is assigned to the
dispute, both parties shall participate actively and in good faith in the
mediation of the dispute.
(2) When mediation concerns negotiations over the terms
of a collective bargaining agreement, the board will charge a fee for mediation
services. The employer and the exclusive representative shall each pay one-half
of the amount of the fee to the board. The fee charged by the board may not
exceed:
(a) $1,000 for the first two mediation sessions ($500
per party);
(b) $500 for the third mediation session ($250 per
party);
(c) $750 for the fourth mediation session ($375 per
party); and
(d) $1,000 for each additional mediation session ($500
per party).
Stat. Auth.: ORS 240.086(3) &
243.766(7)
Stats. Implemented: ORS 662.425(1)
Hist.: ERB 1-1980, f. & ef.
1-9-80; ERB 1-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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