Or. Admin. Code § 115-040-0000

Current through Register Vol. 63, No. 12, December 1, 2024

Section 115-040-0000 - Mediation

(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.

Or. Admin. Code § 115-040-0000

ERB 1-1980, f. & ef. 1-9-80; ERB 1-1993, f. 9-30-93, cert. ef. 10-1-93; ERB 2-1995(Temp), f. 7-17-95, cert. ef. 8-1-95; ERB 4-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 1-1999, f. & cert. ef. 1-28-99; ERB 1-2000, f. & cert. ef. 12-1-00; ERB 9-2016, f. 11-9-16, cert. ef. 2/1/2017

Stat. Auth.: ORS 240.086(3) & 243.766(7)

Stats. Implemented: ORS 243