Bill Text: OR HB3361 | 2013 | Regular Session | Introduced

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Bill Title: Relating to arbitration affecting certain corrections employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3361 Detail]

Download: Oregon-2013-HB3361-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2930

                         House Bill 3361

Sponsored by Representative MATTHEWS (at the request of AFSCME
  Corrections United and AFSCME Council 75)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Defines 'comparable' for purposes of arbitration between
certain employees and Department of Corrections.

                        A BILL FOR AN ACT
Relating to arbitration affecting certain corrections employees;
  amending ORS 243.746.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 243.746, as amended by section 1, chapter 878,
Oregon Laws 2009, is amended to read:
  243.746. (1) In carrying out the arbitration procedures
authorized in ORS 243.712 (2)(e), 243.726 (3)(c) and 243.742, the
public employer and the exclusive representative may select their
own arbitrator.
  (2) Where the parties have not selected their own arbitrator
within five days after notification by the Employment Relations
Board that arbitration is to be initiated, the board shall submit
to the parties a list of seven qualified, disinterested, unbiased
persons. A list of Oregon interest arbitrations and fact-findings
for which each person has issued an award shall be included. Each
party shall alternately strike three names from the list. The
order of striking shall be determined by lot. The remaining
individual shall be designated the 'arbitrator':
  (a) When the parties have not designated the arbitrator and
notified the board of their choice within five days after receipt
of the list, the board shall appoint the arbitrator from the
list.  However, if one of the parties strikes the names as
prescribed in this subsection and the other party fails to do so,
the board shall appoint the arbitrator only from the names
remaining on the list.
  (b) The concerns regarding the bias and qualifications of the
person designated by lot or by appointment may be challenged by a
petition filed directly with the board. A hearing shall be held
by the board within 10 days of filing of the petition and the
board shall issue a final and binding decision regarding the
person's neutrality within 10 days of the hearing.
  (3) The arbitrator shall establish dates and places of
hearings. Upon the request of either party or the arbitrator, the
board shall issue subpoenas. Not less than 14 calendar days prior
to the date of the hearing, each party shall submit to the other
party a written last best offer package on all unresolved
mandatory subjects, and neither party may change the last best
offer package unless pursuant to stipulation of the parties or as
otherwise provided in this subsection. The date set for the
hearing may thereafter be changed only for compelling reasons or
by mutual consent of the parties. If either party provides notice
of a change in its position within 24 hours of the 14-day
deadline, the other party will be allowed an additional 24 hours
to modify its position. The arbitrator may administer oaths and
shall afford all parties full opportunity to examine and
cross-examine all witnesses and to present any evidence pertinent
to the dispute.
  (4) Where there is no agreement between the parties, or where
there is an agreement but the parties have begun negotiations or
discussions looking to a new agreement or amendment of the
existing agreement, unresolved mandatory subjects submitted to
the arbitrator in the parties' last best offer packages shall be
decided by the arbitrator. Arbitrators shall base their findings
and opinions on these criteria giving first priority to paragraph
(a) of this subsection and secondary priority to paragraphs (b)
to (h) of this subsection as follows:
  (a) The interest and welfare of the public.
  (b) The reasonable financial ability of the unit of government
to meet the costs of the proposed contract giving due
consideration and weight to the other services, provided by, and
other priorities of, the unit of government as determined by the
governing body. A reasonable operating reserve against future
contingencies, which does not include funds in contemplation of
settlement of the labor dispute, shall not be considered as
available toward a settlement.
  (c) The ability of the unit of government to attract and retain
qualified personnel at the wage and benefit levels provided.
  (d) The overall compensation presently received by the
employees, including direct wage compensation, vacations,
holidays and other paid excused time, pensions, insurance,
benefits, and all other direct or indirect monetary benefits
received.
  (e) Comparison of the overall compensation of other employees
performing similar services with the same or other employees in
comparable communities. As used in this paragraph, 'comparable '
is limited to communities of the same or nearest population range
within Oregon. Notwithstanding the provisions of this paragraph,
the following additional definitions of 'comparable' apply in the
situations described as follows:
  (A) For any city with a population of more than 325,000, '
comparable' includes comparison to out-of-state cities of the
same or similar size;
  (B) For counties with a population of more than 400,000, '
comparable' includes comparison to out-of-state counties of the
same or similar size;
  (C) Except as otherwise provided in   { - subparagraph (D) - }
 { +  subparagraphs (D) and (E) + } of this paragraph, for the
State of Oregon, 'comparable' includes comparison to other
states;   { - and - }
  (D) For   { - the - }  Department of State Police troopers, '
comparable' includes the base pay for city police officers
employed by the five most populous cities in this state
 { - . - }  { + ; and + }  { +
  (E) For Department of Corrections security staff employees, '
comparable' includes the base pay for county corrections staff
employed by the three most populous counties in this state. + }
  (f) The CPI-All Cities Index, commonly known as the cost of
living.
  (g) The stipulations of the parties.
  (h) Such other factors, consistent with paragraphs (a) to (g)
of this subsection as are traditionally taken into consideration
in the determination of wages, hours, and other terms and
conditions of employment. However, the arbitrator shall not use
such other factors, if in the judgment of the arbitrator, the
factors in paragraphs (a) to (g) of this subsection provide
sufficient evidence for an award.
  (5) Not more than 30 days after the conclusion of the hearings
or such further additional periods to which the parties may
agree, the arbitrator shall select only one of the last best
offer packages submitted by the parties and shall promulgate
written findings along with an opinion and order. The opinion and
order shall be served on the parties and the board. Service may
be personal or by registered or certified mail. The findings,
opinions and order shall be based on the criteria prescribed in
subsection (4) of this section.
  (6) The cost of arbitration shall be borne equally by the
parties involved in the dispute.
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