Bill Text: OR SB264 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the definition of :q2.managerial employee.:q2e.
Spectrum: Committee Bill
Status: (Passed) 2013-06-06 - Effective date, January 1, 2014. [SB264 Detail]
Download: Oregon-2013-SB264-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 264
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Education and Workforce Development for Oregon University
System)
CHAPTER ................
AN ACT
Relating to the definition of 'managerial employee'; amending ORS
243.650.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 243.650 is amended to read:
243.650. As used in ORS 243.650 to 243.782, unless the context
requires otherwise:
(1) 'Appropriate bargaining unit' means the unit designated by
the Employment Relations Board or voluntarily recognized by the
public employer to be appropriate for collective bargaining.
However, an appropriate bargaining unit may not include both
academically licensed and unlicensed or nonacademically licensed
school employees. Academically licensed units may include but are
not limited to teachers, nurses, counselors, therapists,
psychologists, child development specialists and similar
positions. This limitation does not apply to any bargaining unit
certified or recognized prior to June 6, 1995, or to any school
district with fewer than 50 employees.
(2) 'Board' means the Employment Relations Board.
(3) 'Certification' means official recognition by the board
that a labor organization is the exclusive representative for all
of the employees in the appropriate bargaining unit.
(4) 'Collective bargaining' means the performance of the mutual
obligation of a public employer and the representative of its
employees to meet at reasonable times and confer in good faith
with respect to employment relations for the purpose of
negotiations concerning mandatory subjects of bargaining, to meet
and confer in good faith in accordance with law with respect to
any dispute concerning the interpretation or application of a
collective bargaining agreement, and to execute written contracts
incorporating agreements that have been reached on behalf of the
public employer and the employees in the bargaining unit covered
by such negotiations. The obligation to meet and negotiate does
not compel either party to agree to a proposal or require the
making of a concession. This subsection may not be construed to
prohibit a public employer and a certified or recognized
representative of its employees from discussing or executing
written agreements regarding matters other than mandatory
Enrolled Senate Bill 264 (SB 264-INTRO) Page 1
subjects of bargaining that are not prohibited by law as long as
there is mutual agreement of the parties to discuss these
matters, which are permissive subjects of bargaining.
(5) 'Compulsory arbitration' means the procedure whereby
parties involved in a labor dispute are required by law to submit
their differences to a third party for a final and binding
decision.
(6) 'Confidential employee' means one who assists and acts in a
confidential capacity to a person who formulates, determines and
effectuates management policies in the area of collective
bargaining.
(7)(a) 'Employment relations' includes, but is not limited to,
matters concerning direct or indirect monetary benefits, hours,
vacations, sick leave, grievance procedures and other conditions
of employment.
(b) 'Employment relations' does not include subjects determined
to be permissive, nonmandatory subjects of bargaining by the
Employment Relations Board prior to June 6, 1995.
(c) After June 6, 1995, 'employment relations' does not include
subjects that the Employment Relations Board determines to have a
greater impact on management's prerogative than on employee
wages, hours, or other terms and conditions of employment.
(d) 'Employment relations' does not include subjects that have
an insubstantial or de minimis effect on public employee wages,
hours, and other terms and conditions of employment.
(e) For school district bargaining, 'employment relations '
excludes class size, the school or educational calendar,
standards of performance or criteria for evaluation of teachers,
the school curriculum, reasonable dress, grooming and at-work
personal conduct requirements respecting smoking, gum chewing and
similar matters of personal conduct, the standards and procedures
for student discipline, the time between student classes, the
selection, agendas and decisions of 21st Century Schools Councils
established under ORS 329.704, requirements for expressing milk
under ORS 653.077, and any other subject proposed that is
permissive under paragraphs (b), (c) and (d) of this subsection.
(f) For employee bargaining involving employees covered by ORS
243.736, 'employment relations' includes safety issues that have
an impact on the on-the-job safety of the employees or staffing
levels that have a significant impact on the on-the-job safety of
the employees.
(g) For all other employee bargaining except school district
bargaining and except as provided in paragraph (f) of this
subsection, 'employment relations' excludes staffing levels and
safety issues (except those staffing levels and safety issues
that have a direct and substantial effect on the on-the-job
safety of public employees), scheduling of services provided to
the public, determination of the minimum qualifications necessary
for any position, criteria for evaluation or performance
appraisal, assignment of duties, workload when the effect on
duties is insubstantial, reasonable dress, grooming, and at-work
personal conduct requirements respecting smoking, gum chewing,
and similar matters of personal conduct at work, and any other
subject proposed that is permissive under paragraphs (b), (c) and
(d) of this subsection.
(8) 'Exclusive representative' means the labor organization
that, as a result of certification by the board or recognition by
the employer, has the right to be the collective bargaining agent
of all employees in an appropriate bargaining unit.
Enrolled Senate Bill 264 (SB 264-INTRO) Page 2
(9) 'Fact-finding' means identification of the major issues in
a particular labor dispute by one or more impartial individuals
who review the positions of the parties, resolve factual
differences and make recommendations for settlement of the
dispute.
(10) 'Fair-share agreement' means an agreement between the
public employer and the recognized or certified bargaining
representative of public employees whereby employees who are not
members of the employee organization are required to make an
in-lieu-of-dues payment to an employee organization except as
provided in ORS 243.666. Upon the filing with the board of a
petition by 30 percent or more of the employees in an appropriate
bargaining unit covered by such union security agreement
declaring they desire that the agreement be rescinded, the board
shall take a secret ballot of the employees in the unit and
certify the results thereof to the recognized or certified
bargaining representative and to the public employer. Unless a
majority of the votes cast in an election favor the union
security agreement, the board shall certify deauthorization of
the agreement. A petition for deauthorization of a union security
agreement must be filed not more than 90 calendar days after the
collective bargaining agreement is executed. Only one such
election may be conducted in any appropriate bargaining unit
during the term of a collective bargaining agreement between a
public employer and the recognized or certified bargaining
representative.
(11) 'Final offer' means the proposed contract language and
cost summary submitted to the mediator within seven days of the
declaration of impasse.
(12) 'Labor dispute' means any controversy concerning
employment relations or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment
relations, regardless of whether the disputants stand in the
proximate relation of employer and employee.
(13) 'Labor organization' means any organization that has as
one of its purposes representing employees in their employment
relations with public employers.
(14) 'Last best offer package' means the offer exchanged by
parties not less than 14 days prior to the date scheduled for an
interest arbitration hearing.
(15) 'Legislative body' means the Legislative Assembly, the
city council, the county commission and any other board or
commission empowered to levy taxes.
(16) 'Managerial employee' means an employee of the State of
Oregon { + or the Oregon University System + } who possesses
authority to formulate and carry out management decisions or who
represents management's interest by taking or effectively
recommending discretionary actions that control or implement
employer policy, and who has discretion in the performance of
these management responsibilities beyond the routine discharge of
duties. A ' managerial employee' need not act in a supervisory
capacity in relation to other employees. Notwithstanding this
subsection, ' managerial employee' does not include faculty
members at a community college, college or university.
(17) 'Mediation' means assistance by an impartial third party
in reconciling a labor dispute between the public employer and
the exclusive representative regarding employment relations.
(18) 'Payment-in-lieu-of-dues' means an assessment to defray
the cost for services by the exclusive representative in
Enrolled Senate Bill 264 (SB 264-INTRO) Page 3
negotiations and contract administration of all persons in an
appropriate bargaining unit who are not members of the
organization serving as exclusive representative of the
employees. The payment must be equivalent to regular union dues
and assessments, if any, or must be an amount agreed upon by the
public employer and the exclusive representative of the
employees.
(19) 'Public employee' means an employee of a public employer
but does not include elected officials, persons appointed to
serve on boards or commissions, incarcerated persons working
under section 41, Article I of the Oregon Constitution, or
persons who are confidential employees, supervisory employees or
managerial employees.
(20) 'Public employer' means the State of Oregon, and the
following political subdivisions: Cities, counties, community
colleges, school districts, special districts, mass transit
districts, metropolitan service districts, public service
corporations or municipal corporations and public and
quasi-public corporations.
(21) 'Public employer representative' includes any individual
or individuals specifically designated by the public employer to
act in its interests in all matters dealing with employee
representation, collective bargaining and related issues.
(22) 'Strike' means a public employee's refusal in concerted
action with others to report for duty, or his or her willful
absence from his or her position, or his or her stoppage of work,
or his or her absence in whole or in part from the full, faithful
or proper performance of his or her duties of employment, for the
purpose of inducing, influencing or coercing a change in the
conditions, compensation, rights, privileges or obligations of
public employment; however, nothing shall limit or impair the
right of any public employee to lawfully express or communicate a
complaint or opinion on any matter related to the conditions of
employment.
(23) 'Supervisory employee' means any individual having
authority in the interest of the employer to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward or
discipline other employees, or responsibly to direct them, or to
adjust their grievances, or effectively to recommend such action,
if in connection therewith, the exercise of the authority is not
of a merely routine or clerical nature but requires the use of
independent judgment. Failure to assert supervisory status in any
Employment Relations Board proceeding or in negotiations for any
collective bargaining agreement does not thereafter prevent
assertion of supervisory status in any subsequent board
proceeding or contract negotiation. Notwithstanding the
provisions of this subsection, a nurse, charge nurse or similar
nursing position may not be deemed to be supervisory unless that
position has traditionally been classified as supervisory.
(24) 'Unfair labor practice' means the commission of an act
designated an unfair labor practice in ORS 243.672.
(25) 'Voluntary arbitration' means the procedure whereby
parties involved in a labor dispute mutually agree to submit
their differences to a third party for a final and binding
decision.
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Enrolled Senate Bill 264 (SB 264-INTRO) Page 4
Passed by Senate March 27, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 22, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 264 (SB 264-INTRO) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 264 (SB 264-INTRO) Page 6
