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Oregon Revised Statutes

Or. Rev. Stat. § 243.766 (2026)

Board duties in administration of collective bargaining laws; rules

✓ current as of May 2026
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      243.766 Board duties in administration of collective bargaining laws; rules. The Employment Relations Board shall:

      (1) Establish procedures for, investigate and resolve any disputes concerning the designation of an appropriate bargaining unit.

      (2) Establish procedures for, resolve disputes with respect to, and supervise the conduct of elections for the determination of employee representation.

      (3) Conduct proceedings on complaints of unfair labor practices by employers, employees and labor organizations and take such actions with respect thereto as it deems necessary and proper.

      (4) Petition the appropriate circuit court for enforcement of any order issued by the board pursuant to ORS 243.650 to 243.809.

      (5) Hold such hearings and make such inquiries as it deems necessary to carry out properly its functions and powers, and for the purpose of such hearings and inquiries, administer oaths and affirmations, examine witnesses and documents and issue subpoenas.

      (6) Conduct studies on problems relating to public employment relations and make recommendations with respect thereto to the legislative bodies; request information and data from state and county departments and agencies and labor organizations necessary to carry out its functions and responsibilities; make available to public employers, labor organizations, mediators, members of fact-finding boards, arbitrators and other concerned parties statistical data relating to wages, benefits, and employment practices in public and private employment to assist them in resolving issues in negotiation.

      (7) Adopt rules relative to the exercise of its powers and authority and to govern the proceedings before it in accordance with ORS chapter 183. [1973 c.536 §24]

 

      243.770 [1965 c.390 §5; 1971 c.582 §10; repealed by 1973 c.536 §39]

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1975–2024 · leading case: Elvin v. Oregon Pub. Employees Union, 793 P.2d 338 (Or. Ct. App. 1990).
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Elvin v. Oregon Pub. Employees Union, 793 P.2d 338 (Or. Ct. App. 1990). · cites it 8× “" They assert that ERB did not impose a civil penalty, but simply fashioned a remedy to return fair share payments to respondents that OPEU had no right to retain, because the union's collection of the fees was a violation of the First Amendment.”
Springfield Educ. Ass'n v. Springfield Sch. Dist. No. 19, 621 P.2d 547 (Or. 1980). “7 The Employment Relations Board is mandated by ORS 243.766 to oversee that system. Pertinent to ERB’s order in this case, subsection (3) grants broad authority for ERB to: *232 "Conduct proceedings on complaints of unfair labor practices by employers, employes and labor…”
Circuit Court v. AFSCME Local 502-A, 669 P.2d 314 (Or. 1983). · cites it 2× “742; conduct proceedings on complaints of unfair labor practices by employers, employes and labor unions, adopt rules and monitor elections, ORS 243.766. [4] We note that these counselors have been included within respondent union since union certification in March 1974 and…”
Tualatin Valley Bargaining Council v. Tigard Sch. Dist. 23J, 840 P.2d 657 (Or. 1992). · cites it 6× “" [7] ERB has the power to "establish procedures" relative to disputes and elections, ORS 243.766(1) and (2), and to "[a]dopt rules relative to the exercise of its powers and authority," ORS 243.”
Am. Fed'n of State v. Exec. Dep't, 628 P.2d 1228 (Or. Ct. App. 1981). · cites it 2× “[11] ERB must, pursuant to ORS 243.766(4), petition the appropriate circuit court for enforcement of any order on an unfair labor practice, representation matter or arbitration issue which is not voluntarily complied with.”
Gresham Grade Teachers Ass'n v. Gresham Grade Sch. Dist. No. 4, 630 P.2d 1304 (Or. Ct. App. 1981). “Here the Board took no affirmative action to effectuate the purposes of the PECBA in the face of a statutory mandate to do so.”
City of Beaverton v. Int'l Ass'n of Fire Fighters, 531 P.2d 730 (Or. Ct. App. 1975). · cites it 2× “This the constitution forbids and thus we must reverse the order of PERB which purported to invalidate in its entirety Beaverton Ordinance 1700, since that ordinance legis *308 lates, at least in part, on matters of predominantly local concern.”
Amalgamated Transit Union, Div. 757 v. Tri-Cnty. Metro. Transp. Dist., 282 P.3d 2 (Or. Ct. App. 2012). · cites it 2× “ATU, relying on ORS 243.766(3), 2 contends that the board has broad remedial authority to fashion an appropriate remedy when it finds an unfair labor practice and asserts that the board’s actions fell within that authority in this instance.”
Oregon Pub. Employees Union Local 503 v. Jud. Dep't, 919 P.2d 1200 (Or. Ct. App. 1996). “See ORS 243.766(2) (ERB shall resolve disputes with respect to the conduct of elections).”
Port of Portland v. Mun. Employees, Local 483, 556 P.2d 692 (Or. Ct. App. 1976). “686, under procedures established by the Employment Relations Board, ORS 243.766(2). The procedures adopted by the Board include the following: "* * * Appropriate notices of election shall be furnished by the executive secretary to the public employer for suitable posting.”
Oregon State Employes Ass'n v. State, 535 P.2d 1385 (Or. Ct. App. 1975). · cites it 2× “ORS 243.766 (4). [4] We express no view on the accuracy of the apparent feelings of the Board members.”
Lane Council of Governments v. Lane Council of Governments Employes Ass'n, 552 P.2d 600 (Or. Ct. App. 1976). “” 2 The provisions of ORS ch 183 are made applicable to ERB by ORS 243.766(7). After reviewing the statutes set out above, we conclude that the proceeding here most resembles that contemplated in ORS 183.”
Show all 18 citing cases →
— Or. Rev. Stat. § 243.766(1) — 1 case
Tualatin Valley Bargaining Council v. Tigard Sch. Dist. 23J, 840 P.2d 657 (Or. 1992). “" [7] ERB has the power to "establish procedures" relative to disputes and elections, ORS 243.766(1) and (2), and to "[a]dopt rules relative to the exercise of its powers and authority," ORS 243.”
— Or. Rev. Stat. § 243.766(2) — 2 cases
Oregon Pub. Employees Union Local 503 v. Jud. Dep't, 919 P.2d 1200 (Or. Ct. App. 1996). “See ORS 243.766(2) (ERB shall resolve disputes with respect to the conduct of elections).”
Port of Portland v. Mun. Employees, Local 483, 556 P.2d 692 (Or. Ct. App. 1976). “686, under procedures established by the Employment Relations Board, ORS 243.766(2). The procedures adopted by the Board include the following: "* * * Appropriate notices of election shall be furnished by the executive secretary to the public employer for suitable posting.”
— Or. Rev. Stat. § 243.766(3) — 7 cases
Elvin v. Oregon Pub. Employees Union, 793 P.2d 338 (Or. Ct. App. 1990). “" They assert that ERB did not impose a civil penalty, but simply fashioned a remedy to return fair share payments to respondents that OPEU had no right to retain, because the union's collection of the fees was a violation of the First Amendment.”
Tualatin Valley Bargaining Council v. Tigard Sch. Dist. 23J, 840 P.2d 657 (Or. 1992). “" [7] ERB has the power to "establish procedures" relative to disputes and elections, ORS 243.766(1) and (2), and to "[a]dopt rules relative to the exercise of its powers and authority," ORS 243.”
Gresham Grade Teachers Ass'n v. Gresham Grade Sch. Dist. No. 4, 630 P.2d 1304 (Or. Ct. App. 1981). “Here the Board took no affirmative action to effectuate the purposes of the PECBA in the face of a statutory mandate to do so.”
Amalgamated Transit Union, Div. 757 v. Tri-Cnty. Metro. Transp. Dist., 282 P.3d 2 (Or. Ct. App. 2012). “ATU, relying on ORS 243.766(3), 2 contends that the board has broad remedial authority to fashion an appropriate remedy when it finds an unfair labor practice and asserts that the board’s actions fell within that authority in this instance.”
Seiu Local 503, Opeu v. St (Or. Ct. App. 2024).
— Or. Rev. Stat. § 243.766(4) — 5 cases
Am. Fed'n of State v. Exec. Dep't, 628 P.2d 1228 (Or. Ct. App. 1981). “[11] ERB must, pursuant to ORS 243.766(4), petition the appropriate circuit court for enforcement of any order on an unfair labor practice, representation matter or arbitration issue which is not voluntarily complied with.”
Circuit Court v. AFSCME, Local 502-A, 657 P.2d 1237 (Or. Ct. App. 1983).
Tracy v. Lane Cnty., 739 P.2d 64 (Or. Ct. App. 1987).
Oregon State Employes Ass'n v. State, 535 P.2d 1385 (Or. Ct. App. 1975). “ORS 243.766 (4). [4] We express no view on the accuracy of the apparent feelings of the Board members.”
City of Portland v. Portland Fire Fighters' Ass'n, 341 P.3d 143 (Or. Ct. App. 2014).
— Or. Rev. Stat. § 243.766(7) — 2 cases
Tualatin Valley Bargaining Council v. Tigard Sch. Dist. 23J, 840 P.2d 657 (Or. 1992). “" [7] ERB has the power to "establish procedures" relative to disputes and elections, ORS 243.766(1) and (2), and to "[a]dopt rules relative to the exercise of its powers and authority," ORS 243.”
Lane Council of Governments v. Lane Council of Governments Employes Ass'n, 552 P.2d 600 (Or. Ct. App. 1976). “” 2 The provisions of ORS ch 183 are made applicable to ERB by ORS 243.766(7). After reviewing the statutes set out above, we conclude that the proceeding here most resembles that contemplated in ORS 183.”
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