Labor Law - Public Flashcards
(43 cards)
What are the governing statutes for Labor Law in the public sector for purposes of our class?
Public Employee Collective Bargaining Act (PECBA). ORS 243.650 through ORS 243.809.
Who is covered by PECBA?
Public employees and public employers as defined in ORS 243.650 (including State, county, city, special districts, universities, etc.).
Who is not covered by PECBA?
(1) Private employees
(2) Supervisors
(3) State Managers
(4) Confidential Employees
(5) Inmates
(6) Elected Officials
(7) Federal Workers
What organization is in charge of the administration of PECBA?
The Oregon Employment Relations Board (ERB)
What is the structure of the ERB - Board?
Three Board Members who are:
(1) appointed by the Governor
(2) confirmed by Senate
(3) Made up of one management, one union, and one public.
Below the Board are mediators and Administrative Law Judges
What is the statutory basis that gives employees the right to organize in the Public Sector?
ORS 243.662.
“Public employees have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with their public employer on matters concerning employment relations.” ORS 243.662.
What statute requires Public Sector employers to remain neutral generally in organizing drives?
ORS 243.670
What specifically are employers prohibited from doing?
Under ORS 243.670(2), “A public employer may not:
(a) Use public funds to support actions to assist, promote or deter union organizing; or
(b) Discharge, demote, harass or otherwise take adverse action against any individual because the individual seeks to enforce this section or testifies, assists or participates in any manner in an investigation, hearing or other proceeding to enforce this section.”
Where are Supervisory Employees defined for PECBA?
ORS 243.650(23).
How are representation elections handled in the Public Sector?
Public sector elections are nearly always done by mail using a double envelope system (similar to Oregon Vote by Mail).
What does the Dispute Resolution process look like in the Private Sector?
Bargaining for a mandatory minimum of 150 days
Mandatory mediation for 15 days
Cooloff period for 30 days after impasse
Strikes and implementations or interest arbitration
How do you file an Unfair Labor Practice under PECBA?
You file a complaint.
Where can you find a list of Employer ULPs under PECBA?
ORS 243.672(1)
What does ORS 243.672(1) say?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
What is the first Employer ULP under ORS 243.672(1)?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(a) Interfere with, restrain or coerce employees in or because of the exercise of rights guaranteed in ORS 243.662.
What is the second Employer ULP under ORS 243.672(1)
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(b) Dominate, interfere with or assist n the formation, existence or administration of any employee organization.
What is the third Employer ULP under ORS 243.672(1)?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(c) Discriminate in regard to hiring, tenure or any terms or condition of employment for the purpose of encouraging or discouraging membership in an employee organization.
Note: This is functionally the same as a (1)(a) claim.
What is the fourth Employer ULP under ORS 243.672(1)?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(d) Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition or complaint or has given information or testimony under ORS 243.650 to 243.782.
What is the fifth Employer ULP under ORS 243.672(1)?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(e) Refuse to bargain collectively in good faith with the exclusive representative.
What is the sixth Employer ULP under ORS 243.672(1)?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(f) Refuse or fail to comply with any provision of ORS 243.650 to 243.782.
What is the seventh Employer ULP under ORS 243.672(1)?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(g) Violate the provisions of any written contract with respect to employment relations including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept arbitration awards as final and binding upon them.
What is the eighth Employer ULP under ORS 243.670(1)?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(h) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract.
What is the ninth Employer ULP under ORS 243.670(1)?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(i) Violate ORS 243.670(2)
Note: This is the use of public to support/deter organizing.
What is the tenth Employer ULP under ORS 243.670(1)?
It is an unfair labor practice for public employer or its designated representative to do any of the following:
(j) Attempt to influence an employee to resign from or decline to obtain membership in a labor organization.
Note: New in 2019.
