Oregon Administrative Rules
Chapter 115 - EMPLOYMENT RELATIONS BOARD
Division 40 - DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT
Section 115-040-0034 - Appoint Arbitrator for Arbitration proceedings under ORS 243.706(3)
Universal Citation: OR Admin Rules 115-040-0034
Current through Register Vol. 63, No. 9, September 1, 2024
(1) When a party submits a request for the Board to appoint an arbitrator under ORS 243.706(3), the Board shall randomly appoint an arbitrator from the panel described in OAR 115-040-0030 and as follows:
(a) To qualify
for appointment under this rule, the arbitrator must have issued an award in at
least one public sector discipline or discharge case (by the time of
selection). An arbitrator may opt out of being included on the random
appointment list under this rule by notifying the Board.
(b) An arbitrator selected from this list
must agree to bill only for travel costs and travel time incurred within the
borders of Oregon.
(c) Within five
(5) business days of selection, the randomly selected arbitrator will either:
(A) Submit to the Board up to five (5) but no
fewer than one (1) of their awards or decisions in public sector discipline or
discharge cases, preferably involving cases between law enforcement employers
and labor organizations; and submit an updated resume and current fee schedule,
or
(B) Opt out, in which case the
Board will randomly select another arbitrator.
(d) If the randomly selected arbitrator fails
to provide the information in paragraph (c)(A), the Board will randomly select
another arbitrator.
(e) With the
selected arbitrator's consent to the appointment, the Board will notify the
parties of the appointed arbitrator and provide the parties with the
arbitrator's submitted prior awards or decisions, updated resume, and current
fee schedule.
(f) Within seven (7)
business days of the appointment, either party may object to the appointed
arbitrator. If a party objects to the appointed arbitrator, the Board will
randomly appoint a second arbitrator from the panel described in OAR
115-040-0030 and this rule. The party that did not previously object to the
first-appointed arbitrator has seven (7) business days to object to the
second-appointed arbitrator. If such an objection is filed, the Board will
randomly appoint a third arbitrator, who shall serve as the arbitrator in the
matter.
(2) Once a final appointment is made, with the arbitrator's consent to the appointment, the Board shall notify the appointed arbitrator and the parties, and provide the arbitrator's submitted prior awards or decisions, updated resume, and current fee schedule.
Statutory/Other Authority: ORS 243
Statutes/Other Implemented: ORS 243.706
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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