240.086 Duties
of board; rules.
The duties of the Employment Relations Board shall be to:
(1) Review any
personnel action affecting an employee, who is not in a certified or recognized
appropriate collective bargaining unit, that is alleged to be arbitrary or
contrary to law or rule, or taken for political reason, and set aside such
action if it finds these allegations to be correct.
(2) Review and
enforce arbitration awards involving employees in certified or recognized
appropriate collective bargaining units. The awards shall be enforced unless
the party against whom the award is made files written exceptions thereto for
any of the following causes:
(a) The award was
procured by corruption, fraud or undue means.
(b) There was
evident partiality or corruption on the part of the arbitrator.
(c) The
arbitrators were guilty of misconduct in refusing to postpone the hearing, upon
sufficient cause shown, or in refusing to hear evidence pertinent and material
to the controversy; or of any other misbehavior by which the rights of any
party were prejudiced.
(d) The
arbitrators exceeded their powers, or so imperfectly executed them that a
mutual, final and definite award upon the subject matter submitted was not
made.
(e) There was an
evident material miscalculation of figures or an evident material mistake in
the description of any person, thing or property referred to in the award.
(f) The
arbitrators awarded upon a matter not submitted to them, unless it was a matter
not affecting the merits of the decision upon the matters submitted.
(g) The award is
in violation of law.
(3) Adopt such
rules or hold such hearings as it finds necessary to perform the duties,
functions and powers imposed on or vested in it by law. [1969 c.80 §35a
(enacted in lieu of 240.085); 1971 c.575 §5; 1975 c.605 §14; 1979 c.468 §5]
Notes of Decisions
Circuit Court v. AFSCME Local 502-A, 669 P.2d 314 (Or. 1983).
· cites it 2× “[3] ERB is authorized by statute to review personnel action affecting non-union employes; review and enforce arbitration awards involving union employes, ORS 240.086; determine the appropriate bargaining unit, ORS 243.”
Phillips v. State Bd. of Higher Educ., 490 P.2d 1005 (Or. Ct. App. 1971).
· cites it 3× “ORS 240.086 delineates the duties of the Board, of which section (2) is pertinent to the case at bar: ORS 240.”
Thompson v. Sec'y of State, 526 P.2d 621 (Or. Ct. App. 1974).
· cites it 3× “After noting that the primary responsibility of the Board is to foster and protect a merit system of personnel administration in state government, the statute provides in relevant part that the Board shall “[rjeview any personnel action that is alleged by an affected party * * *…”
Shepherd v. Oregon Liquor Control Comm'n, 724 P.2d 901 (Or. Ct. App. 1986).
· cites it 3× “” 7 ORS 240.086 provides, in relevant part: “The duties of [ERB] shall be to: “(1) Review any personnel action affecting an employe, who is not in a certified or recognized appropriate collective bargaining unit, that is alleged to be arbitrary or contrary to law or rule, or…”
Paul v. Pers. Div., 560 P.2d 293 (Or. Ct. App. 1977).
· cites it 6× “” 3 The basic statute is ORS 240.086, which provides: "The primary responsibility of the board shall be to foster and protect a merit system of personnel administration in state government.”
Dunn v. City of Redmond, 735 P.2d 609 (Or. 1987).
“ORS 240.086 assigns to the Employment Relations Board (ERB) the duty to “review and enforce” arbitration awards involving state employees in collective bargaining units and the duty to “review any personnel actions” affecting state employees not-in collective bargaining units.”
Smith v. State Ex Rel. Dep't of Human Resources, 569 P.2d 677 (Or. Ct. App. 1977).
“672(l)(g) provides: "It is an unfair labor practice for a public employer or its designated representative to * * * [v]iolate the provisions of any written contract with respect to employment relations including an agreement to arbitrate or to accept the terms of an arbitration…”
Fed'n of the Oregon Adult Parole & Prob. Officers v. State, 679 P.2d 868 (Or. Ct. App. 1984).
· cites it 14× “* * * Along with the other factors we have discerned, the common contractual basis for the arbitration awards reviewable under ORS 240.086 and 243.672 militates in favor of ERB’s interpretation that makes the scope of its review under the two statutes equivalent and limited.”
Duncan v. Law Enf't Council, 586 P.2d 398 (Or. Ct. App. 1978).
“The Council challenges ERB’s use of a standard for review other than that prescribed by ORS 240.086: "The primary responsibility of the board [ERB] shall be to foster and protect a merit system of personnel administration in state government.”
Oregon State Employes Ass'n v. Pers. Div., 585 P.2d 1 (Or. Ct. App. 1978).
· cites it 10× “No rules setting out the requirements for proper representational status to file a petition on behalf of affected parties have been promulgated specifically under ORS 240.086. EBB does, however, have rules for certifying collective bargaining representatives under chapter 243.”
— Or. Rev. Stat. § 240.086(1) — 4 cases
Shepherd v. Oregon Liquor Control Comm'n, 724 P.2d 901 (Or. Ct. App. 1986).
“” 7 ORS 240.086 provides, in relevant part: “The duties of [ERB] shall be to: “(1) Review any personnel action affecting an employe, who is not in a certified or recognized appropriate collective bargaining unit, that is alleged to be arbitrary or contrary to law or rule, or…”
— Or. Rev. Stat. § 240.086(2) — 9 cases
Paul v. Pers. Div., 560 P.2d 293 (Or. Ct. App. 1977).
“” 3 The basic statute is ORS 240.086, which provides: "The primary responsibility of the board shall be to foster and protect a merit system of personnel administration in state government.”
Phillips v. State Bd. of Higher Educ., 490 P.2d 1005 (Or. Ct. App. 1971).
“ORS 240.086 delineates the duties of the Board, of which section (2) is pertinent to the case at bar: ORS 240.”
Oregon State Employes Ass'n v. Pers. Div., 585 P.2d 1 (Or. Ct. App. 1978).
“No rules setting out the requirements for proper representational status to file a petition on behalf of affected parties have been promulgated specifically under ORS 240.086. EBB does, however, have rules for certifying collective bargaining representatives under chapter 243.”
— Or. Rev. Stat. § 240.086(2)(a) — 1 case
Fed'n of the Oregon Adult Parole & Prob. Officers v. State, 679 P.2d 868 (Or. Ct. App. 1984).
“* * * Along with the other factors we have discerned, the common contractual basis for the arbitration awards reviewable under ORS 240.086 and 243.672 militates in favor of ERB’s interpretation that makes the scope of its review under the two statutes equivalent and limited.”
— Or. Rev. Stat. § 240.086(2)(g) — 1 case
Fed'n of the Oregon Adult Parole & Prob. Officers v. State, 679 P.2d 868 (Or. Ct. App. 1984).
“* * * Along with the other factors we have discerned, the common contractual basis for the arbitration awards reviewable under ORS 240.086 and 243.672 militates in favor of ERB’s interpretation that makes the scope of its review under the two statutes equivalent and limited.”
— Or. Rev. Stat. § 240.086(3) — 4 cases
Paul v. Pers. Div., 560 P.2d 293 (Or. Ct. App. 1977).
“” 3 The basic statute is ORS 240.086, which provides: "The primary responsibility of the board shall be to foster and protect a merit system of personnel administration in state government.”
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