Oregon Administrative Rules
Chapter 115 - EMPLOYMENT RELATIONS BOARD
Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT
Section 115-040-0000 - Mediation
Universal Citation: OR Admin Rules 115-040-0000
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Negotiations concerning a new or reopened collective bargaining agreement.
(a) If the parties have not reached agreement
on the terms of a collective bargaining agreement after a 150-calendar-day
period of good faith negotiations, either party may notify the Board and
request assignment of a mediator. The parties may jointly request assignment of
a mediator during the 150-day period. Such notification and request shall be in
writing and shall contain a statement as to each issue in dispute and a
statement describing when negotiations commenced. Upon receipt of the
notification and request, the State Conciliator shall appoint a mediator and
notify the parties of the appointment.
(b) The 150-calendar-day period of
negotiations begins:
(A) When an exclusive
representative is recognized or certified; or
(B) In a successor-agreement negotiation or a
contractual reopener negotiation, when the parties meet for the first
bargaining session and each party has received the other party's initial
proposal.
(c) Any time
after 15 days of mediation, either party may declare an impasse. Written
notification of an impasse shall be filed in writing with the State
Conciliator, and a copy of the notification shall be submitted to the other
party on that same day. The mediator may declare an impasse at any time during
the mediation process.
(d) Within
seven days of a declaration of impasse, each party shall submit to the mediator
in writing the final offer of the party, including a cost summary of the offer.
Each party's proposed contract language shall be titled "Final Offer." Each
party shall submit a copy of the final offer and cost summary to the other
party on the same day it is submitted to the mediator. Upon receipt of the
final offers and cost summaries, the mediator shall make them public.
(e) A party's cost summary shall
be completed using a form approved by the Board. Although a party's cost
summary may include additional information, it must, at a minimum, include a
fully completed form approved by the Board.
(2) Mid-contract negotiations (ORS 243.698).
(a) At any time during a 90-day period of
expedited negotiations concerning a proposed change in employment relations not
covered by a collective bargaining agreement or concerning the renegotiation of
contract terms pursuant to ORS
243.702, the parties may jointly
request mediation. A written request must be filed with the State Conciliator
and signed by a representative of each party. Upon receipt of a joint request,
the State Conciliator shall assign a mediator and notify the parties of the
assignment.
(b) Mediation of a
labor dispute subject to expedited negotiations shall not continue past the
90-day period. The 90-day period of expedited negotiations begins:
(A) When the employer notifies the exclusive
representative in writing of anticipated changes that impose a duty to bargain;
or
(B) When a party requests in
writing renegotiation of contract terms pursuant to ORS
243.702.
Stat. Auth.: ORS 240.086(3) & 243.766(7)
Stats. Implemented: ORS 243
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