243.712
Mediation upon failure to agree after 150-day period; impasse; final offer;
fact-finding; effect of subsequent arbitration decision. (1) If after a 150-calendar-day
period of good faith negotiations over the terms of an agreement or 150 days
after certification or recognition of an exclusive representative no agreement
has been signed, either or both of the parties may notify the Employment
Relations Board of the status of negotiations and the need for assignment of a
mediator. Any period of time in which the public employer or labor organization
has been found by the Employment Relations Board to have failed to bargain in
good faith shall not be counted as part of the 150-day period. This provision
cannot be invoked by the party found to have failed to bargain in good faith.
The parties may agree to request a mediator before the end of the 150-day
period. Upon receipt of such notification or request, the board shall appoint a
mediator and shall notify the parties of the appointment. The 150-day period
shall begin when the parties meet for the first bargaining session and each
party has received the other party’s initial proposal or on an alternative date
to which the parties agree in writing.
(2) The board,
upon receipt of a notification or request under subsection (1) of this section,
shall render assistance to resolve the labor dispute according to the following
schedule:
(a) Mediation
shall be provided by the State Conciliation Service as provided by ORS 662.405
to 662.455. Any time after 15 days of mediation, either party may declare an
impasse. The mediator may declare an impasse at any time during the mediation
process. Notification of an impasse shall be filed in writing with the board,
and copies of the notification shall be submitted to the parties on the same
day the notification is filed with the board.
(b) Within seven
days of the declaration of impasse, each party shall submit to the mediator in
writing the final offer of the party, including a cost summary of the offer.
Upon receipt of the final offers, the mediator shall make public the final
offers, including any proposed contract language and each party’s cost summary
dealing with those issues, on which the parties have failed to reach agreement.
Each party’s proposed contract language shall be titled “Final Offer.”
(c) Within 30
days after the mediator makes public the parties’ final offers, the parties may
jointly petition the Employment Relations Board to appoint a fact finder. If
the parties jointly petition for fact-finding, a fact finder shall be appointed
and the hearing conducted as provided in ORS 243.722.
(d) If an
agreement has not been reached 30 days after the mediator makes public the
final offers, or if the parties participated in fact-finding, 30 days after the
receipt of the fact finder’s report, the public employer may implement all or
part of its final offer, and the public employees have the right to strike.
After a collective bargaining agreement has expired, and prior to agreement on
a successor contract, the status quo with respect to employment relations shall
be preserved until completion of impasse procedures except that no public
employer shall be required to increase contributions for insurance premiums
unless the expiring collective bargaining agreement provides otherwise. Merit
step and longevity step pay increases shall be part of the status quo unless
the expiring collective bargaining agreement expressly provides otherwise.
(3) Nothing in
subsection (1) or (2) of this section shall be construed to prohibit the
parties at any time from voluntarily agreeing to submit any or all of the
issues in dispute to final and binding arbitration. The arbitration shall be
scheduled and conducted in accordance with ORS 243.746. The arbitration shall
supersede the dispute resolution procedures set forth in ORS 243.726 and
243.746. [1973 c.536 §13; 1987 c.84 §1; 1995 c.286 §6; 2017 c.119 §1]
Notes of Decisions
City of Roseburg v. Roseburg City Firefighters, Local No. 1489, 639 P.2d 90 (Or. 1981).
· cites it 2× “762, but if they do not, then after mediation and fact finding (also state administered, ORS 243.712 and 243.722), the parties "shall petition the board to initiate binding arbitration" or the board may do so on its own motion.”
Circuit Court v. AFSCME Local 502-A, 669 P.2d 314 (Or. 1983).
· cites it 2× “686; assign mediators in the event of failure to reach an agreement, ORS 243.712; carry out factfinding, ORS 243.”
Wy'East Educ. Ass'n v. Oregon Trail Sch. Dist. No. 46, 260 P.3d 626 (Or. Ct. App. 2011).
· cites it 2× “See ORS 243.712(2)(d); ORS 243.726(2)(c). *197 On October 19, 2005, the district notified bargaining unit members that, if the strike occurred as announced and they did not return to work by November 7, they “will be ineligible to receive district fringe benefits for November…”
Wasco Cnty. v. Am. Fed'n of State, Cnty. & Mun. Employees, Local No. 2752, 613 P.2d 1067 (Or. Ct. App. 1980).
“” 3 Wages, of course, are a mandatory subject of bargaining, and both parties agree with the Board’s conclusion that "* * *the duty to bargain in *862 good faith continues through mediation, factfinding and the cooling-off period” prescribed by ORS 243.712 through 243.726. The…”
City of Hermiston v. Emp. Relations Bd., 557 P.2d 681 (Or. Ct. App. 1976).
“11 The state statute does not permit representation of confidential or supervisory employes, which are defined as: " 'Confidential employe’ means one who assists and acts in a confidential capacity to a person who formulates, determines and effectuates management policies in the…”
Lincoln Cnty. Educ. Ass'n v. Lincoln Cnty. Sch. Dist., 67 P.3d 951 (Or. Ct. App. 2003).
“If the asserted change takes place after a collective bargaining agreement has expired but before a successor agreement is in place, then, because an employer has an obligation to preserve the status quo in the interim period, see ORS 243.712(2)(d), the terms of the expired…”
La Grande Police Ass'n v. Hamilton, 641 P.2d 1132 (Or. Ct. App. 1982).
· cites it 6× “742 provides for forced arbitration only when the procedure set forth in ORS 243.712 and ORS 743.722 have not culminated in an agreement, lead to the logical conclusion that arbitration cannot be initiated by one party alone until the conclusion of the fact finding process.”
WASCO CTY. v. Am. Fed. of S., Cty. & Mun. Emp., 569 P.2d 15 (Or. Ct. App. 1977).
· cites it 4× “" ERB's disapproval of the above-described action by the County was based upon the following conclusions of law: "* * * ORS 243.712 provides that when the parties do not reach agreement the Board shall assign a mediator.”
— Or. Rev. Stat. § 243.712(1) — 4 cases
WASCO CTY. v. Am. Fed. of S., Cty. & Mun. Emp., 569 P.2d 15 (Or. Ct. App. 1977).
“" ERB's disapproval of the above-described action by the County was based upon the following conclusions of law: "* * * ORS 243.712 provides that when the parties do not reach agreement the Board shall assign a mediator.”
La Grande Police Ass'n v. Hamilton, 641 P.2d 1132 (Or. Ct. App. 1982).
“742 provides for forced arbitration only when the procedure set forth in ORS 243.712 and ORS 743.722 have not culminated in an agreement, lead to the logical conclusion that arbitration cannot be initiated by one party alone until the conclusion of the fact finding process.”
— Or. Rev. Stat. § 243.712(2)(B) — 1 case
La Grande Police Ass'n v. Hamilton, 641 P.2d 1132 (Or. Ct. App. 1982).
“742 provides for forced arbitration only when the procedure set forth in ORS 243.712 and ORS 743.722 have not culminated in an agreement, lead to the logical conclusion that arbitration cannot be initiated by one party alone until the conclusion of the fact finding process.”
— Or. Rev. Stat. § 243.712(2)(C) — 1 case
La Grande Police Ass'n v. Hamilton, 641 P.2d 1132 (Or. Ct. App. 1982).
“742 provides for forced arbitration only when the procedure set forth in ORS 243.712 and ORS 743.722 have not culminated in an agreement, lead to the logical conclusion that arbitration cannot be initiated by one party alone until the conclusion of the fact finding process.”
— Or. Rev. Stat. § 243.712(2)(a) — 1 case
— Or. Rev. Stat. § 243.712(2)(b) — 5 cases
WASCO CTY. v. Am. Fed. of S., Cty. & Mun. Emp., 569 P.2d 15 (Or. Ct. App. 1977).
“" ERB's disapproval of the above-described action by the County was based upon the following conclusions of law: "* * * ORS 243.712 provides that when the parties do not reach agreement the Board shall assign a mediator.”
— Or. Rev. Stat. § 243.712(2)(c) — 2 cases
La Grande Police Ass'n v. Hamilton, 641 P.2d 1132 (Or. Ct. App. 1982).
“742 provides for forced arbitration only when the procedure set forth in ORS 243.712 and ORS 743.722 have not culminated in an agreement, lead to the logical conclusion that arbitration cannot be initiated by one party alone until the conclusion of the fact finding process.”
— Or. Rev. Stat. § 243.712(2)(d) — 2 cases
Wy'East Educ. Ass'n v. Oregon Trail Sch. Dist. No. 46, 260 P.3d 626 (Or. Ct. App. 2011).
“See ORS 243.712(2)(d); ORS 243.726(2)(c). *197 On October 19, 2005, the district notified bargaining unit members that, if the strike occurred as announced and they did not return to work by November 7, they “will be ineligible to receive district fringe benefits for November…”
Lincoln Cnty. Educ. Ass'n v. Lincoln Cnty. Sch. Dist., 67 P.3d 951 (Or. Ct. App. 2003).
“If the asserted change takes place after a collective bargaining agreement has expired but before a successor agreement is in place, then, because an employer has an obligation to preserve the status quo in the interim period, see ORS 243.712(2)(d), the terms of the expired…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.