Oregon Administrative Rules Chapter 115 - EMPLOYMENT RELATIONS BOARD
Oregon Administrative Rules — Chapter 115: Employment Relations Board (ERB)
Purpose
Chapter 115 sets the rules for how the Oregon Employment Relations Board (ERB) operates. It governs labor relations, representation, dispute resolution, unfair labor practices, and appeals for both public and private employees in Oregon.
DIVISION 1 — Procedural Rules
The Board must give notice before adopting, amending, or repealing rules.
The Board follows the Model Rules of Procedure established by the Attorney General.
DIVISION 10 — General Provisions and Definitions
Defines key terms used in the rules, including:
Appeal
Appellant
Board
Board Agent
Business Day
Complainant
Covers computation of time, filing of documents, motions, evidence rules, subpoenas, hearings, briefs, and Board review procedures.
DIVISION 20 — Local Charters and Ordinances
Addresses how the ERB reviews and applies local government charters or ordinances in labor relations contexts.
DIVISION 25 — Public Employee Representation
Governs representation matters for public employees:
Filing representation petitions
Showing of interest requirements
Determining bargaining units
Card-check vs. election procedures
Eligibility, notice, voting, certification, and decertification of representatives
DIVISION 30 — Deauthorization of Public Employee Fair-Share Agreements
Rules for employees to remove union security agreements in the public sector.
DIVISION 35 — Public Employee Unfair Labor Practices
Procedures for handling unfair labor practice (ULP) complaints:
Filing and investigation
Amendments and withdrawal
Hearings
Representation costs and attorney fees
Civil penalties and settlements
DIVISION 40 — Public Sector Dispute Resolution
Covers mediation, conciliation, fact-finding, and arbitration in public employment disputes:
Fees, procedures, panels, confidentiality, and admissibility of communications
DIVISION 45 — Appeals, Hearings & Investigations in State Service
Covers appeals by state employees regarding:
Suspensions, demotions, dismissals
Temporary appointments
Personnel action hearings and procedures
DIVISION 50 — Enforcement of State Personnel Arbitration Awards
Rules for petitions to enforce arbitration awards:
Responses, hearings, and Board review
DIVISION 60 — Private Employee Representation
Rules for labor representation in private employment, similar to public employee rules:
Petitions, eligibility, unit determination, notice, intervention, elections
DIVISION 65 — Deauthorization of Private Employee Union Security Agreements
Rules for employees to remove union security agreements in the private sector.
DIVISION 70 — Private Employee Unfair Labor Practices
Procedures for unfair labor practice charges in private employment:
Filing, investigation, issuance and amendment of complaints
Hearings, motions, interventions, and post-hearing orders
Key Points
ERB regulates labor representation and elections for public and private employees.
ERB handles unfair labor practice complaints and dispute resolution.
ERB sets procedures for appeals, hearings, and arbitration.
Chapter 115 defines terminology, procedures, and compliance for labor relations in Oregon.
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