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Oregon Revised Statutes

Or. Rev. Stat. § 243.702 (2026)

Renegotiation of invalid provisions in agreements

✓ current as of May 2026
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      243.702 Renegotiation of invalid provisions in agreements. (1) In the event any words or sections of a collective bargaining agreement are declared to be invalid by any court of competent jurisdiction, by ruling by the Employment Relations Board, by statute or constitutional amendment or by inability of the employer or the employees to perform to the terms of the agreement, then upon request by either party the invalid words or sections of the collective bargaining agreement shall be reopened for negotiation.

      (2) Renegotiation of a collective bargaining agreement pursuant to this section is subject to ORS 243.698. [1973 c.536 §11; 1995 c.286 §4]

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2010–2022 · leading case: Portland State Univ. Chapter of the Am. Ass'n of Univ. Professors v. Portland State Univ., 291 P.3d 658 (Or. 2012).
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Portland State Univ. Chapter of the Am. Ass'n of Univ. Professors v. Portland State Univ., 291 P.3d 658 (Or. 2012). “See ORS 243.702(1) (expressly providing that “[i]n the event any words or sections of a collective bargaining agreement are declared to be invalid *** by ruling by the Employment Relations Board” then the invalid words or sections are reopened for negotiations by request…”
Portland State Univ. Chapter of the Am. Ass'n of Univ. Professors v. Portland State Univ., 246 P.3d 1162 (Or. Ct. App. 2010). · cites it 4× “See ORS 243.702(1) (contemplating circumstances under which the terms in "a collective bargaining agreement are declared to be invalid * * * by the Employment Relations Board").”
Psu. Ass'n of Univ. Professors v. Psu., 246 P.3d 1162 (Or. Ct. App. 2010). · cites it 2× “See ORS 243.702(1) (contemplating circumstances under which the terms in "a collective bargaining agreement are declared to be invalid * * * by the Employment Relations Board").”
Multnomah Cty. v. Mult. Cty. Corr. Deputy Assn., 505 P.3d 1037 (Or. Ct. App. 2022). “698 (providing for expedited 90-day bargaining process for employer-proposed midterm changes), but “[t]he legislature did not include any provision for union-initiated midterm demands to bargain”; (2) the 1995 amendments limited midterm renegotiations to “words or sections of…”
— Or. Rev. Stat. § 243.702(1) — 3 cases
Portland State Univ. Chapter of the Am. Ass'n of Univ. Professors v. Portland State Univ., 291 P.3d 658 (Or. 2012). “See ORS 243.702(1) (expressly providing that “[i]n the event any words or sections of a collective bargaining agreement are declared to be invalid *** by ruling by the Employment Relations Board” then the invalid words or sections are reopened for negotiations by request…”
Portland State Univ. Chapter of the Am. Ass'n of Univ. Professors v. Portland State Univ., 246 P.3d 1162 (Or. Ct. App. 2010). “See ORS 243.702(1) (contemplating circumstances under which the terms in "a collective bargaining agreement are declared to be invalid * * * by the Employment Relations Board").”
Psu. Ass'n of Univ. Professors v. Psu., 246 P.3d 1162 (Or. Ct. App. 2010). “See ORS 243.702(1) (contemplating circumstances under which the terms in "a collective bargaining agreement are declared to be invalid * * * by the Employment Relations Board").”
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