Oregon Administrative Rules Chapter 115 - EMPLOYMENT RELATIONS BOARD
Here’s an in‑depth overview of Oregon Administrative Rules (OAR) Chapter 115 – Employment Relations Board (ERB):
📂 Structure of Chapter 115
This chapter is divided into multiple divisions, each regulating a specific area of ERB jurisdiction (oregon.public.law, law.cornell.edu):
Division 1 – Procedural Rules
Notice of proposed rules, authority, AG's model rules (oregon.gov)
Division 10 – General/Policy & Definitions
Purpose, definitions, board meetings, filings, evidence, motions, subpoenas, electronic hearings, ex parte communications, amicus curiae (oregon.gov)
Division 20 – Existing Local Charters & Ordinances
Division 25 – Public Employee Representation
Rules for union certification and representation elections for public employees
Division 30 – Public Employee Deauthorization of Fair‑Share Agreements
Division 35 – Unfair Labor Practice (ULP) Complaints in Public Employment
Covers filing, investigation, hearings, expedited procedures, consent orders, penalties, representation cost (law.cornell.edu, regulations.justia.com, ocpp.org)
Division 40 – Dispute Resolution in Public Employment
Division 45 – Appeals, Hearings & Investigations Under State Personnel Relations Law (SPRL)
Governs appeals by state employees (e.g., suspensions, demotions, dismissals) (law.cornell.edu, ojd.contentdm.oclc.org)
Division 50 – Review & Enforcement of SPRL Arbitration Awards
Petitions, exceptions, hearings on arbitration awards (law.cornell.edu)
Division 60 – Private Employee Representation
Certification processes for private sector employees not covered federally
Division 65 – Private Employee Deauthorization of Union Security Agreements
Division 70 – ULP Charges in Private Employment
Procedures for private-sector unfair labor practice charges
**Divisions 75–86 – Mostly repealed sections (e.g., 75, 80, 85) (law.cornell.edu, s3-us-west-2.amazonaws.com)**
🔑 Key Highlights
Definitions & Procedures (Div. 10):
Defines crucial terms like “Board,” “appeal,” “regular employee,” and outlines rules governing hearings, motions, evidence, subpoenas, etc. (oregon.public.law)
Public vs. Private Employment:
Public side: Covers union representation (Div. 25), deauthorization (Div. 30), unfair labor complaints (Div. 35), and dispute resolution (Div. 40).
Private side: Mirrors similar functions through Divisions 60, 65, 70.
Unfair Labor Practices (Div. 35):
Outlines step-by-step process – from filing to resolution, including expedited processes, consent orders, penalties, and representation cost awards .
State Personnel Appeals (Div. 45):
Governs appeals under SPRL (ORS 240), including timelines (e.g., 10 days for certain dismissals, 15 days after agency grievance) (ojd.contentdm.oclc.org).
Arbitration Awards (Div. 50):
Sets out how parties enforce or challenge state personnel arbitration outcomes via petitions and hearings (law.cornell.edu).
🧭 How It Applies
Public employees and employers use these rules to handle union representation, collective bargaining, and ULP complaints.
State employees appealing adverse personnel actions (dismissal, demotion, suspension) follow SPRL procedures.
Private employees not covered by federal NLRA rely on Divisions 60–70 for representation, deauthorization, and ULP protections.
🏛️ ERB’s Role
The ERB:
Administers public & private employee collective bargaining laws (ORS 243, 662–663)
Hears SPRL appeals (ORS 240)
Conducts ULP proceedings
Oversees representation elections
Supervises arbitration enforcement (s3-us-west-2.amazonaws.com)
📝 Want More?
Let me know if you'd like:
Full rule text from a specific division (e.g., Div. 35 ULP complaint steps)
Statutory references under ORS backing these rules
Summaries of timelines, fees, or cost awards under specific divisions
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