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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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EMPLOYMENT RELATIONS BOARD

 

DIVISION 80

DISPUTE RESOLUTION FOR NURSES IN HEALTH CARE FACILITIES

Where State Jurisdiction Is Not Pre-empted by Federal Law

115-080-0000

Definition of Terms

(1) "Employee" means a licensed professional or practical nurse performing services for compensation for a health care facility.

(2) "Health Care Facility" means a private hospital or nursing home, agency or establishment having as one of its principal purposes the preservation of health or the care of sick or infirm individuals, or both. However, such facility does not include a facility employing fewer than four employees.

Stat. Auth.: ORS 243
Stats. Implemented: ORS 662.785
Hist.: ERB 1-1980, f. & ef. 1-9-80

115-080-0005

Request for Mediation

Any party may, after protracted collective bargaining in good faith fail to reach agreement, request the Conciliator to mediate the labor dispute. Such request shall be in writing on a form provided by the Board and shall contain a statement of each issue on which the parties have been unable to reach agreement, together with date(s), number of hours and number of bargaining sessions held.

Stat. Auth.: ORS 243
Stats. Implemented: ORS 662.785
Hist.: ERB 1-1980, f. & ef. 1-9-80

115-080-0010

Mediation

(1) Upon a request for mediation, the Board may, in its discretion, assign a mediator to the dispute [at no expense to the parties], 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; ERB 3-2011, f. 12-28-11, cert. ef. 12-29-11

115-080-0015

Factfinding

If the dispute has not been settled within ten days of mediation, either or both of the parties may apply to the Board for a factfinding inquiry concerning the dispute. Upon such application, the Board shall forthwith make an investigation of the dispute. Upon completion of its investigation, the Board or its agent shall make written findings of fact and serve a copy thereof upon each of the parties. The cost of factfinding shall be borne equally by the parties to the dispute.

Stat. Auth.: ORS 243
Stats. Implemented: ORS 662.785
Hist.: ERB 1-1980, f. & ef. 1-9-80

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