Bill Text: OR HB3146 | 2013 | Regular Session | Introduced

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Bill Title: Relating to matters concerning labor relations for family child care providers.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3146 Detail]

Download: Oregon-2013-HB3146-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3007

                         House Bill 3146

Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of
  AFSCME Council 75)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies meaning of 'matters concerning labor relations ' for
collective bargaining with family child care providers.
Authorizes family child care provider to have representation at
all certification and registration reviews, investigations and at
any meetings or procedures related to review or investigation.

                        A BILL FOR AN ACT
Relating to matters concerning labor relations for family child
  care providers; amending ORS 657A.430.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657A.430 is amended to read:
  657A.430. (1) As used in this section:
  (a) 'Certified family child care provider' means an individual
who operates a family child care home that is certified under ORS
657A.280.
  (b) 'Child care subsidy' means a payment made by the state on
behalf of eligible children for child care services provided for
periods of less than 24 hours in a day.
  (c) 'Exempt family child care provider' means an individual who
provides child care services in the home of the individual or in
the home of the child, whose services are not required to be
certified or registered under ORS 657A.250 to 657A.450 and who
receives a child care subsidy.
  (d) 'Family child care provider' means an individual who is a
certified, registered or exempt family child care provider.
   { +  (e) 'Matters concerning labor relations' includes, but is
not limited to, licensing and registration processes and
procedures, complaints, appeals, grievances and compliance
reviews. + }
    { - (e) - }  { +  (f) + } 'Registered family child care
provider' means an individual who operates a family child care
home that is registered under ORS 657A.330.
  (2) For purposes of collective bargaining under ORS 243.650 to
243.782, the State of Oregon is the public employer of record of
family child care providers.
  (3) Notwithstanding ORS 243.650 (19), family child care
providers are considered to be public employees governed by ORS
243.650 to 243.782. Family child care providers 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 on matters concerning
labor relations. These rights shall be exercised in accordance
with the rights granted to public employees, with mediation and
interest arbitration under ORS 243.742 as the method of
concluding the collective bargaining process. Family child care
providers may not strike.
   { +  (4) A certification, registration or on-site
investigation conducted under ORS 657A.390 shall be conducted in
the presence of the family child care provider subject to the
investigation. The affected family child care provider may be
accompanied by a representative of the care provider's choice at
all on-site investigations, certification and registration
reviews and any meetings or procedures related to the
investigation or review that may impact the ability of the family
child care provider to provide services. + }
    { - (4) - }  { +  (5) + } Notwithstanding subsections (2) and
(3) of this section, family child care providers are not for any
other purpose employees of the State of Oregon or any other
public body.
    { - (5) - }  { +  (6) + } The Oregon Department of
Administrative Services shall represent the State of Oregon in
collective bargaining negotiations with the certified or
recognized exclusive representatives of all appropriate
bargaining units of family child care providers. The Oregon
Department of Administrative Services is authorized to agree to
terms and conditions of collective bargaining agreements on
behalf of the State of Oregon.
    { - (6) - }  { +  (7) + } Notwithstanding ORS 243.650 (1):
  (a) The appropriate bargaining unit for certified and
registered family child care providers is a bargaining unit of
all certified and registered family child care providers in the
state.
  (b) The appropriate bargaining unit for exempt family child
care providers is a bargaining unit of all exempt family child
care providers in the state.
    { - (7) - }  { +  (8) + } This section does not modify any
right of a parent or legal guardian to choose and terminate the
services of a family child care provider.
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