Or. Admin. Code § 115-010-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 115-010-0010 - Definition of Terms

As used in these rules, unless the context requires otherwise:

(1) "Appeal" means any request for review of a personnel action under ORS ch 240.

(2) "Appellant" means a person who requests review of a personnel action under ORS ch 240.

(3) "Appointing Authority" is defined in ORS 240.015.

(4) "Board" means the Employment Relations Board.

(5) "Board Agent" means any employee designated by the Board to act on its behalf.

(6) "Business day" means Monday through Friday, but does not include any holiday as defined by ORS 187.010 and ORS 189.020, or any day that the Board is closed.

(7) "Class" or "Classification" is defined in ORS 240.015(4).

(8) "Complainant" means a party who has filed an unfair labor practice complaint or a complaint alleging a violation of ORS 240.309.

(9) "Conciliator" means the head of the State Conciliation Service.

(10) "Date of Filing" means the date received by the Board. A document received after 5 p.m. is considered to be filed on the following business day.

(11) "Date of Service" means the date sent to another party or the date of personal service.

(12) "Day" means calendar day unless otherwise specified.

(13) "Demotion," for purposes of action brought under ORS ch 240, means the voluntary or involuntary movement of an employee from a position in one classification to a position in another classification having a lower salary range number.

(14) "Management Service" is defined in ORS 240.212.

(15) "Party" is any person, labor organization or employer filing a petition, complaint, charge or State Personnel Relations Law appeal with the Board; any person, labor organization or employer named as a party in a petition, complaint, charge or State Personnel Relations System appeal, or any other person, labor organization or employer whose timely motion to intervene has been granted. Where applicable, "party" also is a person, labor organization or employer under Division 40 of these rules.

(16) "Personnel Action," for purposes of appeals brought under ORS ch 240, means any action taken with reference to an applicant, employee or position.

(17) "Petitioner" means a party who files a petition with the Board.

(18) "Recommended Order" means the Order of an Administrative Law Judge or Board Agent consisting of proposed rulings on motions and evidentiary matters, findings of fact, conclusions of law, and a recommended order.

(19) "Regular Employee" means an employee who has been appointed to a position in the state service in accordance with state law after successfully completing a trial service period or who has been otherwise granted regular status through specific provisions of law.

(20) "Respondent" means a party who is required to respond to a complaint, petition, charge, or appeal.

(21) "Showing of interest" means the evidence of support that a petitioner must show in a proposed bargaining unit before its petition will be acted on. The showing may be made by original authorization cards or petitions, both of which must include a statement of a desire by affected employees to be represented by the petitioner for purposes of collective bargaining and that must be signed and dated by employees in the proposed unit during the 180 days preceding the filing of the petition; by dues records or payroll deduction records showing the employees to be current members of a petitioning organization; or, by an existing or the most recently expired bargaining agreement applicable to the bargaining unit, to which the petitioning organization was a party. A showing of interest in support of objections to a petition for certification without an election shall comply with OAR 115-025-0075.

Or. Admin. Code § 115-010-0010

ERB 1-1980, f. & ef. 1-9-80; ERB 4-1985, f. 10-29-85, ef. 10-31-85; ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 1-2016, f. 11-9-16, cert. ef. 2/1/2017; ERB 5-2021, amend filed 10/26/2021, effective 12/1/2021

Statutory/Other Authority: ORS 240.086(3) & 243.766(7)

Statutes/Other Implemented: ORS 240 & 243