Employment Relations Board
Chapter 115
Division 35
UNFAIR LABOR PRACTICE COMPLAINTS IN PUBLIC EMPLOYMENT
115-035-0060
Expedited Procedures for Unfair Labor Practice Complaints
(1) The Board has the discretion to expedite a complaint, or any portion of a complaint.
(2) If a party requests that a complaint be expedited, the complaint shall be filed in accordance with OAR 115-035-0000 and accompanied by an affidavit setting forth:
(a) The reason that the complaint should be expedited;
(b) An estimate of the length of any hearing;
(c) A statement of the complexity of the issues;
(d) Any specific harm, injury or loss that would result if the complaint is not expedited; and
(e) A specific statement of any legal authority in support of complainant's position.
(3) If the requested expedited complaint concerns an alleged unfair labor practice during or arising out of the collective bargaining procedures set forth in ORS 243.712 or 243.722, the complaint, in addition to meeting the requirements of subsection (2) of this section, shall identify the relevant collective bargaining stage at which the alleged unfair labor practice arose out of or was committed.
(4) If the requested expedited complaint concerns an allegation that respondent has violated ORS 243.672(1)(e) or (2)(b) by refusing to bargain over a mandatory subject, or by unlawfully pursuing a permissive or unlawful subject of bargaining, the complaint shall be filed in accordance with OAR 115-035-0000, and the affidavit identified in subsection (2) of this section shall also include:
(a) The precise language of the last bargaining proposal on the subject(s) in dispute;
(b) The date of the proposal; and
(c) Any date that respondent allegedly refused to bargain over the proposal.
(5) Expedited complaints under this section shall be processed in accordance with this Division of the Board’s Rules, except for the following:
(a) When an expedited complaint raises a question of fact or law that warrants a hearing, the complaint shall be served on the respondent and the notice of hearing shall be served on all parties. The complaint must be answered within ten days.
(b) Normally, the Board and not a Board Agent will hear the matter.
(c) Post-hearing briefs will be permitted only if ordered by the Board.
(d) If a complaint is withdrawn after the matter is heard, it shall be with prejudice.
(e) If the Board, and not a Board Agent, conducts the hearing, no Recommended Order will be issued; rather, the Board will issue a final order.
(6) When expedited consideration is granted, a Board order generally shall be issued within 45 days of the filing of the expedited complaint.
(7) In exercising its discretion to grant a request to expedite a complaint or a portion of a complaint, the Board shall consider:
(a) Its schedule;
(b) Its workload;
(c) The complexity of the facts and legal issues in the case;
(d) The necessity for prompt action and the possibility of immediate or irreparable injury, loss or damage to the complainant, if the complaint is not expedited; and
(e) The relative importance to the parties and the public of a more rapid decision on the question presented.
Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 243
History:
ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17
ERB 3-1998, f. & cert. ef. 1-26-98
ERB 8-1985, f. 10-29-85, ef. 10-31-85
ERB 3-1980, f. 7-16-80, ef. 8-1-80
ERB 2-1980(Temp), f. 1-31-80, ef. 2-1-80