Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that establishes a worker's right to participate in labor unions and helps facilitate relationships between workers and unions.

Highlights:

• Defines “designated representative” as a public employee (Sec. 2):

• Who is designated by the exclusive representative as a representative for the employees in a bargaining unit; and

• For whom reasonable paid time or release time is granted. 

• Defines “release time” as the period of time when a public employee who is a designated representative takes a leave of absence from the employee’s regular public employment to conduct labor organization business (Sec. 2).

• Defines “employment relations” to include, but not be limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, labor organization access to and communication with represented employees, grievance procedures and other conditions of employment (Sec. 7).

• Requires public employers to give public employees designated as representatives, reasonable time during the public employee’s regularly scheduled work hours without loss of compensation, seniority, leave accrual, or any other benefits, to be able to (Sec. 3):

• Investigate and process grievances and other workplace-related complaints on behalf of the exclusive representative;

• Go to investigatory meetings and due process hearings involving represented employees;

• Participate in or prepare for proceedings under ORS 243.650 TO 243.782, or that emerge from disputes involving a collective bargaining agreement, including arbitration proceedings, administrative hearings, and proceedings before the Employment Relations Board;

• Act as a representative of the exclusive representative for employees in the bargaining unit for collective bargaining actions;

• Go to labor-management meetings organized by a committee consisting of employers, employees, and representatives of the labor organization to negotiate employment relations matters;

• Give information about collective bargaining agreements to recently hired employees at employee orientations or at any other meetings organized for new employees;

• Testify in a legal proceeding in which the public employee has been subpoenaed as a witness; and

• Carry out any other duties agreed upon by a public employer and an exclusive representative in a collective bargaining agreement or any other agreement. 

• Prohibits public employers from decreasing the work hours of a public employee who has the above mentioned duties, unless it is for the sake of preventing that employee from working unauthorized overtime hours (Sec. 3).

• Requires exclusive representatives to reimburse their public employers for any compensation that is paid to the designated representative during a period of release time, unless there is some other collective bargaining or any other written agreement set between a public employer and an exclusive representative (Sec. 4).

• Authorizes exclusive or designated representatives to end a period of release time at any time for any reason (Sec. 4).

• Requires public employers to give exclusive representatives reasonable access to employees in the bargaining unit (Sec. 5).

• Specifies that reasonable access to newly hired employees, includes, but is not limited to (Sec. 5):

• The right to meet with them, without loss of employee compensation or leave benefits; and

• The right to meet with them within 30 calendar days from the date of their hire for a period between 30 and 120 minutes during new employee orientation or at individual or group meetings.

• Specifies that reasonable access to those not considered newly hired employees, includes, but is not limited to (Sec. 5):

• The right to meet with employees during their normal work hours and at their work location to investigate and talk about grievances, workplace-related complaints and other issues concerning employment relations; and

• The right to conduct meetings at their regular work location before or after the employees’ regular work hours, during meal periods, and during any other break periods. 

• Requires public employers to give exclusive representatives the following information in an editable digital file format agreed to by the exclusive representative regarding each employee in an appropriate bargaining unit (Sec. 5):

• The name and date of hire of the employee;

• Contact information including phone numbers, any means of electronic communication, and home addresses or personal mailing addresses; and

• Employment information, including the employee’s job title, salary, and work site location.

• Requires public employers to provide this information to the exclusive representative within 10 calendar days from the date of hire for newly hired employees, and 120 calendar days for employees who are not newly hired employees (Sec. 5).

• Requires public employers to deduct the dues, fees, and any other deductions authorized by a public employee and remit payment to the designated labor organization or entity (Sec. 5).

• Requires labor organizations to give to each public employer a list showing the public employees who have provided authorization for a public employer to make deductions from their salary or wages to pay dues, feels and any other assessments or deductions to the labor organization (Sec. 5).

• Prohibits public employers or their representative from attempting to influence an employee to resign from or decline to obtain membership in a labor organization, and to encourage an employee to revoke an authorization for the deductions highlighted in section 6 of this 2019 Act (Sec. 11).

Vote Smart's Synopsis:

Vote to pass a bill that establishes a worker's right to participate in labor unions and helps facilitate relationships between workers and unions.

Highlights:

• Defines “designated representative” as a public employee (Sec. 2):

• Who is designated by the exclusive representative as a representative for the employees in a bargaining unit; and

• For whom reasonable paid time or release time is granted. 

• Defines “release time” as the period of time when a public employee who is a designated representative takes a leave of absence from the employee’s regular public employment to conduct labor organization business (Sec. 2).

• Defines “employment relations” to include, but not be limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, labor organization access to and communication with represented employees, grievance procedures and other conditions of employment (Sec. 7).

• Requires public employers to give public employees designated as representatives, reasonable time during the public employee’s regularly scheduled work hours without loss of compensation, seniority, leave accrual, or any other benefits, to be able to (Sec. 3):

• Investigate and process grievances and other workplace-related complaints on behalf of the exclusive representative;

• Go to investigatory meetings and due process hearings involving represented employees;

• Participate in or prepare for proceedings under ORS 243.650 TO 243.782, or that emerge from disputes involving a collective bargaining agreement, including arbitration proceedings, administrative hearings, and proceedings before the Employment Relations Board;

• Act as a representative of the exclusive representative for employees in the bargaining unit for collective bargaining actions;

• Go to labor-management meetings organized by a committee consisting of employers, employees, and representatives of the labor organization to negotiate employment relations matters;

• Give information about collective bargaining agreements to recently hired employees at employee orientations or at any other meetings organized for new employees;

• Testify in a legal proceeding in which the public employee has been subpoenaed as a witness; and

• Carry out any other duties agreed upon by a public employer and an exclusive representative in a collective bargaining agreement or any other agreement. 

• Prohibits public employers from decreasing the work hours of a public employee who has the above mentioned duties, unless it is for the sake of preventing that employee from working unauthorized overtime hours (Sec. 3).

• Requires exclusive representatives to reimburse their public employers for any compensation that is paid to the designated representative during a period of release time, unless there is some other collective bargaining or any other written agreement set between a public employer and an exclusive representative (Sec. 4).

• Authorizes exclusive or designated representatives to end a period of release time at any time for any reason (Sec. 4).

• Requires public employers to give exclusive representatives reasonable access to employees in the bargaining unit (Sec. 5).

• Specifies that reasonable access to newly hired employees, includes, but is not limited to (Sec. 5):

• The right to meet with them, without loss of employee compensation or leave benefits; and

• The right to meet with them within 30 calendar days from the date of their hire for a period between 30 and 120 minutes during new employee orientation or at individual or group meetings.

• Specifies that reasonable access to those not considered newly hired employees, includes, but is not limited to (Sec. 5):

• The right to meet with employees during their normal work hours and at their work location to investigate and talk about grievances, workplace-related complaints and other issues concerning employment relations; and

• The right to conduct meetings at their regular work location before or after the employees’ regular work hours, during meal periods, and during any other break periods. 

• Requires public employers to give exclusive representatives the following information in an editable digital file format agreed to by the exclusive representative regarding each employee in an appropriate bargaining unit (Sec. 5):

• The name and date of hire of the employee;

• Contact information including phone numbers, any means of electronic communication, and home addresses or personal mailing addresses; and

• Employment information, including the employee’s job title, salary, and work site location.

• Requires public employers to provide this information to the exclusive representative within 10 calendar days from the date of hire for newly hired employees, and 120 calendar days for employees who are not newly hired employees (Sec. 5).

• Requires public employers to deduct the dues, fees, and any other deductions authorized by a public employee and remit payment to the designated labor organization or entity (Sec. 5).

• Requires labor organizations to give to each public employer a list showing the public employees who have provided authorization for a public employer to make deductions from their salary or wages to pay dues, feels and any other assessments or deductions to the labor organization (Sec. 5).

• Prohibits public employers or their representative from attempting to influence an employee to resign from or decline to obtain membership in a labor organization, and to encourage an employee to revoke an authorization for the deductions highlighted in section 6 of this 2019 Act (Sec. 11).

Full Bill Text