240.060
Employment Relations Board; qualification of members; outside activities. (1) The Civil Service Commission
that has functioned under this chapter shall be continued as a board of three
members to be known as the Employment Relations Board. Each member of the board
shall be a citizen of the state known to be in sympathy with the application of
merit principles to public employment and shall be of recognized standing and
known interest in public administration and in the development of efficient
methods of selecting and administering personnel. In the selection of the
members of the Employment Relations Board, the Governor shall give due
consideration to the interests of labor, management and the public. Each member
of the board shall be trained or experienced in labor-management relations and
labor law or the administration of the collective bargaining process. No member
of the board shall hold, or be a candidate for, any public office.
(2) Except as
provided in subsection (3) of this section, a member of the board shall not
hold any other office or position of profit, pursue any other business or
vocation, or serve on or under any committee of any political party, but shall
devote the member’s entire time to the duties of the office of the member.
(3) A member of
the board may:
(a) Serve as an
arbitrator, fact finder or mediator for parties located outside of the State of
Oregon;
(b) Teach
academic or professional classes for entities that are not subject to the board’s
jurisdiction;
(c) Have a
financial interest but an inactive role in a business unrelated to the duties
of the board; and
(d) Publish, and
receive compensation or royalties for, books or other publications that are
unrelated to the member’s duties, provided that activity does not interfere
with the performance of the member’s duties.
(4) A member of
the board shall be on leave status or act outside of normal work hours when
pursuing any activity described in subsection (3)(a) and (b) of this section. [Amended
by 1969 c.80 §32; 1973 c.536 §26; 1975 c.147 §10; 1977 c.808 §1; 1999 c.248 §1]
Notes of Decisions
Am. Fed'n of State v. Exec. Dep't, 628 P.2d 1228 (Or. Ct. App. 1981).
· cites it 2× “742 provides: "(1) It is the public policy of the State of Oregon that where the right of employes to strike is by law prohibited, it is requisite to the high morale of such employes and the efficient operation of such departments to afford an alternate expeditious, effective…”
Oregon AFSCME Council 75 v. OJD - Yamhill Cnty., 304 Or. App. 794 (Or. Ct. App. 2020).
“Psychiatric Security Review Board, 53 Or App 941, 948, 951 , 633 P2d 846 , rev den, 292 Or 334 (1981) (discussing the Psychiatric Security Review Board’s expertise and adjudicative role); see ORS 240.060(1) (identifying background, experience, and interest required for…”
Oregon City Fed'n of Teachers v. Oregon City Educ. Ass'n, 584 P.2d 303 (Or. Ct. App. 1978).
· cites it 2× “unfair labor practice charged in the complaint, the board shall: "(a) State its findings of fact; "(b) Issue and cause to be served on such person an order that he cease and desist from the unfair labor practice; and "(c) Take such affirmative action, including but not limited…”
Elvin v. Oregon Pub. Employees Union, 793 P.2d 338 (Or. Ct. App. 1990).
· cites it 2× “r labor practice charged in the complaint, the board shall: "(a) State its findings of fact; "(b) Issue and cause to be served on such person an order that the person cease and desist from the unfair labor practice; "(c) Take such affirmative action, including but not limited to…”
Medford Firefighters Ass'n, Local 1431 v. City of Medford, 595 P.2d 1268 (Or. Ct. App. 1979).
“ry arbitration provisions: "It is the public policy of the State of Oregon that where the right of employes to strike is by law prohibited, it is requisite to the high morale of such employes and the efficient operation of such departments to afford an alternate, expeditious,…”
AFSCME Council 75, Local 350 v. Clackamas Cnty., 687 P.2d 1102 (Or. Ct. App. 1984).
“That provision of PECBA states: “Any provisions of local charters and ordinances adopted pursuant thereto in existence on October 5, 1973, and not in conflict with the rights and duties established in ORS 240.060, 240.065, 240.080, 240.123, 243.”
Whitney v. Emp. Div., 569 P.2d 1078 (Or. 1977).
“However, the exercise of any function of authority enumerated in this subsection shall not necessarily require the conclusion that the individual so exercising that function is a supervisor within the meaning of ORS 240.060, 240.065, 240.080, 240.123, 243.”
City of La Grande v. Int'l Ass'n of Firefighters, Local 924, 626 P.2d 1 (Or. Ct. App. 1981).
“772 provides: "Any provisions of local charters and ordinances adopted pursuant thereto in existence on October 5, 1973, and not in conflict with the rights and duties established in ORS 240.060, 240.065, 240.080, 240.123, 243.”
Sharvy v. Oregon Educ. Assn., 331 Or. App. 649 (Or. Ct. App. 2024).
“672 is in violation of court precedent and constitutional provisions, and that ORS 240.060, which establishes ERB, violates the Oregon Constitution.”
Phillips v. Dep't of Revenue, 544 P.2d 196 (Or. Ct. App. 1975).
“Oregon Laws 1975, ch 147, § 10 (amending ORS 240.060, effective July 1, 1975). Since it was PERB when petitioner filed her original complaint, we refer to it in that way.”
— Or. Rev. Stat. § 240.060(1) — 2 cases
Oregon AFSCME Council 75 v. OJD - Yamhill Cnty., 304 Or. App. 794 (Or. Ct. App. 2020).
“Psychiatric Security Review Board, 53 Or App 941, 948, 951 , 633 P2d 846 , rev den, 292 Or 334 (1981) (discussing the Psychiatric Security Review Board’s expertise and adjudicative role); see ORS 240.060(1) (identifying background, experience, and interest required for…”
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