74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2372
Sponsored by Representatives BERGER, ROSENBAUM, Senator BURDICK
(Presession filed.)
CHAPTER ................
AN ACT
Relating to breast-feeding; creating new provisions; and amending
ORS 243.650, 653.077 and 653.256.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 653.077 is amended to read:
653.077. { + (1) As used in this section:
(a) 'Reasonable efforts' means efforts that do not impose an
undue hardship on the operation of an employer's business.
(b) 'Undue hardship' means significant difficulty or expense
when considered in relation to the size, financial resources,
nature or structure of the employer's business. + }
{ - (1) - } { + (2)(a) + } An employer { - may - }
{ + shall + } provide reasonable unpaid rest periods to
accommodate an employee who needs to express milk for her child.
{ + (b) + } The employee shall { - notify - } { + provide
reasonable notice to + } the employer that the employee intends
to express milk upon returning to work. { - The employee shall,
if feasible, take the rest periods to express milk at the same
time as rest periods that are otherwise provided to the employee.
The employer may provide the employee up to 60 minutes in rest
periods per eight-hour shift to express milk. - }
{ + (c) Unless otherwise agreed to by the employer and the
employee, the employer shall provide the employee a 30-minute
rest period to express milk during each four-hour work period, or
the major part of a four-hour work period, to be taken by the
employee approximately in the middle of the work period.
(d) The employee shall, if feasible, take the rest periods to
express milk at the same time as the rest periods or meal periods
that are otherwise provided to the employee.
(e) + }If the employer is required by law or contract to
provide the employee with paid rest periods, the employer shall
treat the rest periods used by the employee for expressing milk
as paid rest periods, up to the amount of time the employer is
required to provide as paid rest periods. If an employee takes
unpaid rest periods, the employer may allow the employee to work
before or after her normal shift to make up the amount of time
used during the unpaid rest periods. If the employee does not
work to make up the amount of time used during the unpaid rest
periods, the employer is not required to compensate the employee
for that time.
{ + (3) When an employer's contribution to an employee's
health insurance is influenced by the number of hours the
Enrolled House Bill 2372 (HB 2372-B) Page 1
employee works, the employer shall treat any unpaid rest periods
used by the employee to express milk as paid work time for the
purpose of measuring the number of hours the employee works.
(4) An employer is not required to provide rest periods under
this section if to do so would impose an undue hardship on the
operation of the employer's business. + }
{ - (2)(a) - } { + (5)(a) + }An employer { - may - }
{ + shall make reasonable efforts to + } provide a { - room or
other - } location, other than a public restroom or toilet
stall, in close proximity to the employee's work area for the
employee to express milk in private.
(b) The { - room or other - } location may include { + , but
is not limited to + }:
(A) The employee's work area if the work area meets the
requirements of paragraph (a) of this subsection; { - or - }
{ + (B) A room connected to a public restroom, such as a
lounge, if the room allows the employee to express milk in
private; or + }
{ - (B) - } { + (C) + } A child care facility in close
proximity to the employee's work location where the employee can
express milk in private.
{ - (3) - } { + (6) + } An employer may allow an employee
to temporarily change job duties if the employee's regular job
duties do not allow her to express milk.
{ - (4) - } { + (7) + } This section applies only to an
employer whose employee is expressing milk for { - a - }
{ + her + } child 18 months of age or younger.
{ - (5) - } { + (8) + } This section applies only to
employers who employ 25 or more employees in the State of Oregon
for each working day during each of 20 or more calendar workweeks
in the year in which the rest periods are to be taken or in the
year immediately preceding the year in which the rest periods are
to be taken.
{ + (9) Notwithstanding ORS 653.020 (3), this section applies
to individuals engaged in administrative, executive or
professional work as described in ORS 653.020 (3).
(10)(a) In addition to, and not in lieu of, any other
requirement under this section, each school district board shall
adopt a policy regarding breast-feeding in the workplace to
accommodate an employee who needs to express milk for her child.
(b) Each policy must, at a minimum, designate a location at the
school facility, other than a public restroom or toilet stall, in
close proximity to the employee's work area for the employee to
express milk in private.
(c) A policy adopted under this subsection, including the
designated locations where an employee may express milk, must be
published in an employee handbook. In addition, a list of the
designated locations must be readily available, upon request, in
the central office of each school facility and in the central
administrative office for each school district.
(11) The Commissioner of the Bureau of Labor and Industries
shall adopt rules to implement and enforce this section. + }
SECTION 2. ORS 653.256 is amended to read:
653.256. (1) In addition to any other penalty provided by law,
the Commissioner of the Bureau of Labor and Industries may assess
a civil penalty not to exceed $1,000 against any person who
willfully violates ORS 653.025, 653.030, 653.045, 653.050,
653.060 or 653.261 or any rule adopted thereunder.
{ + (2) In addition to any other penalty provided by law, the
commissioner may assess a civil penalty not to exceed $1,000
Enrolled House Bill 2372 (HB 2372-B) Page 2
against any person who intentionally violates ORS 653.077 or any
rule adopted thereunder. + }
{ - (2) - } { + (3) + } Civil penalties authorized by this
section shall be imposed in the manner provided in ORS 183.745.
{ - (3) - } { + (4)(a) + } All sums collected as penalties
under this section shall be first applied toward reimbursement of
costs incurred in determining the violations, conducting hearings
under this section and addressing and collecting { - such - }
{ + the + } penalties.
{ + (b) + } The remainder, if any, of the sums collected as
penalties under { + subsection (1) of + } this section shall be
paid over by the commissioner to the Department of State Lands
for the benefit of the Common School Fund of this state. The
department shall issue a receipt for the money to the
commissioner.
{ + (c) The remainder, if any, of the sums collected as
penalties under subsection (2) of this section shall be paid over
by the commissioner to the Department of Human Services for the
benefit of the Breastfeeding Mother Friendly Employer Project.
The department shall issue a receipt for the moneys to the
commissioner. + }
SECTION 3. ORS 243.650 is amended to read:
243.650. As used in ORS 243.650 to 243.782, unless the context
requires otherwise:
(1) 'Appropriate bargaining unit' means the unit designated by
the Employment Relations Board or voluntarily recognized by the
public employer to be appropriate for collective bargaining.
However, an appropriate bargaining unit { - cannot - } { +
may not + } include both academically licensed and unlicensed or
nonacademically licensed school employees. Academically licensed
units may include but are not limited to teachers, nurses,
counselors, therapists, psychologists, child development
specialists and similar positions. This limitation
{ - shall - } { + does + } not apply to any bargaining unit
certified or recognized prior to June 6, 1995, or to any school
district with fewer than 50 employees.
(2) 'Board' means the Employment Relations Board.
(3) 'Certification' means official recognition by the board
that a labor organization is the exclusive representative for all
of the employees in the appropriate bargaining unit.
(4) 'Collective bargaining' means the performance of the mutual
obligation of a public employer and the representative of its
employees to meet at reasonable times and confer in good faith
with respect to employment relations for the purpose of
negotiations concerning mandatory subjects of bargaining, to meet
and confer in good faith in accordance with law with respect to
any dispute concerning the interpretation or application of a
collective bargaining agreement, and to execute written contracts
incorporating agreements that have been reached on behalf of the
public employer and the employees in the bargaining unit covered
by such negotiations. The obligation to meet and negotiate does
not compel either party to agree to a proposal or require the
making of a concession. { - Nothing in - } This subsection
{ - shall - } { + may not + } be construed to prohibit a
public employer and a certified or recognized representative of
its employees from discussing or executing written agreements
regarding matters other than mandatory subjects of bargaining
that are not prohibited by law, so long as there is mutual
agreement of the parties to discuss these matters, which are
permissive subjects of bargaining.
Enrolled House Bill 2372 (HB 2372-B) Page 3
(5) 'Compulsory arbitration' means the procedure whereby
parties involved in a labor dispute are required by law to submit
their differences to a third party for a final and binding
decision.
(6) 'Confidential employee' means one who assists and acts in a
confidential capacity to a person who formulates, determines and
effectuates management policies in the area of collective
bargaining.
(7)(a) 'Employment relations' includes, but is not limited to,
matters concerning direct or indirect monetary benefits, hours,
vacations, sick leave, grievance procedures and other conditions
of employment.
(b) 'Employment relations' does not include subjects determined
to be permissive, nonmandatory subjects of bargaining by the
Employment Relations Board prior to June 6, 1995.
(c) After June 6, 1995, 'employment relations' { - shall - }
{ + does + } not include subjects which the Employment
Relations Board determines to have a greater impact on
management's prerogative than on employee wages, hours, or other
terms and conditions of employment.
(d) 'Employment relations' { - shall - } { + does + } not
include subjects that have an insubstantial or de minimis effect
on public employee wages, hours, and other terms and conditions
of employment.
(e) For school district bargaining, 'employment relations '
{ - shall expressly exclude - } { + excludes + } class size,
the school or educational calendar, standards of performance or
criteria for evaluation of teachers, the school curriculum,
reasonable dress, grooming and at-work personal conduct
requirements respecting smoking, gum chewing and similar matters
of personal conduct, the standards and procedures for student
discipline, the time between student classes, the selection,
agendas and decisions of 21st Century Schools Councils
established under ORS 329.704, { + requirements for expressing
milk under ORS 653.077, + } and any other subject proposed that
is permissive under paragraphs (b), (c) and (d) of this
subsection.
(f) For all other employee bargaining except school districts,
'employment relations' { - expressly - } excludes staffing
levels and safety issues (except those staffing levels and safety
issues which have a direct and substantial effect on the
on-the-job safety of public employees), scheduling of services
provided to the public, determination of the minimum
qualifications necessary for any position, criteria for
evaluation or performance appraisal, assignment of duties,
workload when the effect on duties is insubstantial, reasonable
dress, grooming, and at-work personal conduct requirements
respecting smoking, gum chewing, and similar matters of personal
conduct at work, and any other subject proposed that is
permissive under paragraphs (b), (c) and (d) of this subsection.
(8) 'Exclusive representative' means the labor organization
that, as a result of certification by the board or recognition by
the employer, has the right to be the collective bargaining agent
of all employees in an appropriate bargaining unit.
(9) 'Fact-finding' means identification of the major issues in
a particular labor dispute by one or more impartial individuals
who review the positions of the parties, resolve factual
differences and make recommendations for settlement of the
dispute.
Enrolled House Bill 2372 (HB 2372-B) Page 4
(10) 'Fair-share agreement' means an agreement between the
public employer and the recognized or certified bargaining
representative of public employees whereby employees who are not
members of the employee organization are required to make an
in-lieu-of-dues payment to an employee organization except as
provided in ORS 243.666. Upon the filing with the board of a
petition by 30 percent or more of the employees in an appropriate
bargaining unit covered by such union security agreement
declaring they desire that such agreement be rescinded, the board
shall take a secret ballot of the employees in such unit and
certify the results thereof to the recognized or certified
bargaining representative and to the public employer. Unless a
majority of the votes cast in an election favor such union
security agreement, the board shall certify deauthorization
thereof. A petition for deauthorization of a union security
agreement must be filed not more than 90 calendar days after the
collective bargaining agreement is executed. Only one such
election { - shall - } { + may + } be conducted in any
appropriate bargaining unit during the term of a collective
bargaining agreement between a public employer and the recognized
or certified bargaining representative.
(11) 'Final offer' means the proposed contract language and
cost summary submitted to the mediator within seven days of the
declaration of impasse.
(12) 'Labor dispute' means any controversy concerning
employment relations or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment
relations, regardless of whether the disputants stand in the
proximate relation of employer and employee.
(13) 'Labor organization' means any organization that has as
one of its purposes representing employees in their employment
relations with public employers.
(14) 'Last best offer package' means the offer exchanged by
parties not less than 14 days prior to the date scheduled for an
interest arbitration hearing.
(15) 'Legislative body' means the Legislative Assembly, the
city council, the county commission and any other board or
commission empowered to levy taxes.
(16) 'Managerial employee' means an employee of the State of
Oregon who possesses authority to formulate and carry out
management decisions or who represents management's interest by
taking or effectively recommending discretionary actions that
control or implement employer policy, and who has discretion in
the performance of these management responsibilities beyond the
routine discharge of duties. A 'managerial employee' need not act
in a supervisory capacity in relation to other employees.
Notwithstanding this subsection, 'managerial employee'
{ - shall not be construed to - } { + does not + } include
faculty members at a community college, college or university.
(17) 'Mediation' means assistance by an impartial third party
in reconciling a labor dispute between the public employer and
the exclusive representative regarding employment relations.
(18) 'Payment-in-lieu-of-dues' means an assessment to defray
the cost for services by the exclusive representative in
negotiations and contract administration of all persons in an
appropriate bargaining unit who are not members of the
organization serving as exclusive representative of the
employees. The payment { - shall - } { + must + } be
equivalent to regular union dues and assessments, if any, or
Enrolled House Bill 2372 (HB 2372-B) Page 5
{ - shall - } { + must + } be an amount agreed upon by the
public employer and the exclusive representative of the
employees.
(19) 'Public employee' means an employee of a public employer
but does not include elected officials, persons appointed to
serve on boards or commissions, incarcerated persons working
under section 41, Article I of the Oregon Constitution, or
persons who are confidential employees, supervisory employees or
managerial employees.
(20) 'Public employer' means the State of Oregon, and the
following political subdivisions: Cities, counties, community
colleges, school districts, special districts, mass transit
districts, metropolitan service districts, public service
corporations or municipal corporations and public and
quasi-public corporations.
(21) 'Public employer representative' includes any individual
or individuals specifically designated by the public employer to
act in its interests in all matters dealing with employee
representation, collective bargaining and related issues.
(22) 'Strike' means a public employee's refusal in concerted
action with others to report for duty, or his or her willful
absence from his or her position, or his or her stoppage of work,
or his or her absence in whole or in part from the full, faithful
or proper performance of his or her duties of employment, for the
purpose of inducing, influencing or coercing a change in the
conditions, compensation, rights, privileges or obligations of
public employment; however, nothing shall limit or impair the
right of any public employee to lawfully express or communicate a
complaint or opinion on any matter related to the conditions of
employment.
(23) 'Supervisory employee' means any individual having
authority in the interest of the employer to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward or
discipline other employees, or responsibly to direct them, or to
adjust their grievances, or effectively to recommend such action,
if in connection therewith, the exercise of such authority is not
of a merely routine or clerical nature but requires the use of
independent judgment. Failure to assert supervisory status in any
Employment Relations Board proceeding or in negotiations for any
collective bargaining agreement { - shall - } { + does + }
not thereafter prevent assertion of supervisory status in any
subsequent board proceeding or contract negotiation.
Notwithstanding the provisions of this subsection, { - no - }
{ + a + } nurse, charge nurse or similar nursing position
{ - shall - } { + may not + } be deemed to be supervisory
unless { - such - } { + that + } position has traditionally
been classified as supervisory.
(24) 'Unfair labor practice' means the commission of an act
designated an unfair labor practice in ORS 243.672.
(25) 'Voluntary arbitration' means the procedure whereby
parties involved in a labor dispute mutually agree to submit
their differences to a third party for a final and binding
decision.
SECTION 3a. { + If Senate Bill 400 becomes law, section 3 of
this 2007 Act (amending ORS 243.650) is repealed and ORS 243.650,
as amended by section 1, chapter ___, Oregon Laws 2007 (Enrolled
Senate Bill 400), is amended to read: + }
243.650. As used in ORS 243.650 to 243.782, unless the context
requires otherwise:
Enrolled House Bill 2372 (HB 2372-B) Page 6
(1) 'Appropriate bargaining unit' means the unit designated by
the Employment Relations Board or voluntarily recognized by the
public employer to be appropriate for collective bargaining.
However, an appropriate bargaining unit { - cannot - } { +
may not + } include both academically licensed and unlicensed or
nonacademically licensed school employees. Academically licensed
units may include but are not limited to teachers, nurses,
counselors, therapists, psychologists, child development
specialists and similar positions. This limitation does not apply
to any bargaining unit certified or recognized prior to June 6,
1995, or to any school district with fewer than 50 employees.
(2) 'Board' means the Employment Relations Board.
(3) 'Certification' means official recognition by the board
that a labor organization is the exclusive representative for all
of the employees in the appropriate bargaining unit.
(4) 'Collective bargaining' means the performance of the mutual
obligation of a public employer and the representative of its
employees to meet at reasonable times and confer in good faith
with respect to employment relations for the purpose of
negotiations concerning mandatory subjects of bargaining, to meet
and confer in good faith in accordance with law with respect to
any dispute concerning the interpretation or application of a
collective bargaining agreement, and to execute written contracts
incorporating agreements that have been reached on behalf of the
public employer and the employees in the bargaining unit covered
by such negotiations. The obligation to meet and negotiate does
not compel either party to agree to a proposal or require the
making of a concession. This subsection may not be construed to
prohibit a public employer and a certified or recognized
representative of its employees from discussing or executing
written agreements regarding matters other than mandatory
subjects of bargaining that are not prohibited by law as long as
there is mutual agreement of the parties to discuss these
matters, which are permissive subjects of bargaining.
(5) 'Compulsory arbitration' means the procedure whereby
parties involved in a labor dispute are required by law to submit
their differences to a third party for a final and binding
decision.
(6) 'Confidential employee' means one who assists and acts in a
confidential capacity to a person who formulates, determines and
effectuates management policies in the area of collective
bargaining.
(7)(a) 'Employment relations' includes, but is not limited to,
matters concerning direct or indirect monetary benefits, hours,
vacations, sick leave, grievance procedures and other conditions
of employment.
(b) 'Employment relations' does not include subjects determined
to be permissive, nonmandatory subjects of bargaining by the
Employment Relations Board prior to June 6, 1995.
(c) After June 6, 1995, 'employment relations' does not include
subjects that the Employment Relations Board determines to have a
greater impact on management's prerogative than on employee
wages, hours, or other terms and conditions of employment.
(d) 'Employment relations' does not include subjects that have
an insubstantial or de minimis effect on public employee wages,
hours, and other terms and conditions of employment.
(e) For school district bargaining, 'employment relations '
does not include class size, the school or educational calendar,
standards of performance or criteria for evaluation of teachers,
the school curriculum, reasonable dress, grooming and at-work
Enrolled House Bill 2372 (HB 2372-B) Page 7
personal conduct requirements respecting smoking, gum chewing and
similar matters of personal conduct, the standards and procedures
for student discipline, the time between student classes, the
selection, agendas and decisions of 21st Century Schools Councils
established under ORS 329.704, { + requirements for expressing
milk under ORS 653.077, + } and any other subject proposed that
is permissive under paragraphs (b), (c) and (d) of this
subsection.
(f) For employee bargaining involving employees covered by ORS
243.736, 'employment relations' includes safety and staffing only
as they relate to on-the-job safety.
(g) For all other employee bargaining except school district
bargaining and except as provided in paragraph (f) of this
subsection, 'employment relations' does not include staffing
levels and safety issues (except those staffing levels and safety
issues that have a direct and substantial effect on the
on-the-job safety of public employees), scheduling of services
provided to the public, determination of the minimum
qualifications necessary for any position, criteria for
evaluation or performance appraisal, assignment of duties,
workload when the effect on duties is insubstantial, reasonable
dress, grooming, and at-work personal conduct requirements
respecting smoking, gum chewing, and similar matters of personal
conduct at work, and any other subject proposed that is
permissive under paragraphs (b), (c) and (d) of this subsection.
(8) 'Exclusive representative' means the labor organization
that, as a result of certification by the board or recognition by
the employer, has the right to be the collective bargaining agent
of all employees in an appropriate bargaining unit.
(9) 'Fact-finding' means identification of the major issues in
a particular labor dispute by one or more impartial individuals
who review the positions of the parties, resolve factual
differences and make recommendations for settlement of the
dispute.
(10) 'Fair-share agreement' means an agreement between the
public employer and the recognized or certified bargaining
representative of public employees whereby employees who are not
members of the employee organization are required to make an
in-lieu-of-dues payment to an employee organization except as
provided in ORS 243.666. Upon the filing with the board of a
petition by 30 percent or more of the employees in an appropriate
bargaining unit covered by such union security agreement
declaring they desire that the agreement be rescinded, the board
shall take a secret ballot of the employees in the unit and
certify the results thereof to the recognized or certified
bargaining representative and to the public employer. Unless a
majority of the votes cast in an election favor the union
security agreement, the board shall certify deauthorization of
the agreement. A petition for deauthorization of a union security
agreement must be filed not more than 90 calendar days after the
collective bargaining agreement is executed. Only one such
election { - shall - } { + may + } be conducted in any
appropriate bargaining unit during the term of a collective
bargaining agreement between a public employer and the recognized
or certified bargaining representative.
(11) 'Final offer' means the proposed contract language and
cost summary submitted to the mediator within seven days of the
declaration of impasse.
(12) 'Labor dispute' means any controversy concerning
employment relations or concerning the association or
Enrolled House Bill 2372 (HB 2372-B) Page 8
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment
relations, regardless of whether the disputants stand in the
proximate relation of employer and employee.
(13) 'Labor organization' means any organization that has as
one of its purposes representing employees in their employment
relations with public employers.
(14) 'Last best offer package' means the offer exchanged by
parties not less than 14 days prior to the date scheduled for an
interest arbitration hearing.
(15) 'Legislative body' means the Legislative Assembly, the
city council, the county commission and any other board or
commission empowered to levy taxes.
(16) 'Managerial employee' means an employee of the State of
Oregon who possesses authority to formulate and carry out
management decisions or who represents management's interest by
taking or effectively recommending discretionary actions that
control or implement employer policy, and who has discretion in
the performance of these management responsibilities beyond the
routine discharge of duties. A 'managerial employee' need not act
in a supervisory capacity in relation to other employees.
Notwithstanding this subsection, 'managerial employee' { - may
not be construed to - } { + does not + } include faculty
members at a community college, college or university.
(17) 'Mediation' means assistance by an impartial third party
in reconciling a labor dispute between the public employer and
the exclusive representative regarding employment relations.
(18) 'Payment-in-lieu-of-dues' means an assessment to defray
the cost for services by the exclusive representative in
negotiations and contract administration of all persons in an
appropriate bargaining unit who are not members of the
organization serving as exclusive representative of the
employees. The payment { - shall - } { + must + } be
equivalent to regular union dues and assessments, if any, or
{ - shall - } { + must + } be an amount agreed upon by the
public employer and the exclusive representative of the
employees.
(19) 'Public employee' means an employee of a public employer
but does not include elected officials, persons appointed to
serve on boards or commissions, incarcerated persons working
under section 41, Article I of the Oregon Constitution, or
persons who are confidential employees, supervisory employees or
managerial employees.
(20) 'Public employer' means the State of Oregon, and the
following political subdivisions: Cities, counties, community
colleges, school districts, special districts, mass transit
districts, metropolitan service districts, public service
corporations or municipal corporations and public and
quasi-public corporations.
(21) 'Public employer representative' includes any individual
or individuals specifically designated by the public employer to
act in its interests in all matters dealing with employee
representation, collective bargaining and related issues.
(22) 'Strike' means a public employee's refusal in concerted
action with others to report for duty, or his or her willful
absence from his or her position, or his or her stoppage of work,
or his or her absence in whole or in part from the full, faithful
or proper performance of his or her duties of employment, for the
purpose of inducing, influencing or coercing a change in the
conditions, compensation, rights, privileges or obligations of
Enrolled House Bill 2372 (HB 2372-B) Page 9
public employment; however, nothing shall limit or impair the
right of any public employee to lawfully express or communicate a
complaint or opinion on any matter related to the conditions of
employment.
(23) 'Supervisory employee' means any individual having
authority in the interest of the employer to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward or
discipline other employees, or responsibly to direct them, or to
adjust their grievances, or effectively to recommend such action,
if in connection therewith, the exercise of the authority is not
of a merely routine or clerical nature but requires the use of
independent judgment. Failure to assert supervisory status in any
Employment Relations Board proceeding or in negotiations for any
collective bargaining agreement does not thereafter prevent
assertion of supervisory status in any subsequent board
proceeding or contract negotiation. Notwithstanding the
provisions of this subsection, { - no - } { + a + } nurse,
charge nurse or similar nursing position
{ - shall - } { + may not + } be deemed to be supervisory
unless { - the - } { + that + } position has traditionally
been classified as supervisory.
(24) 'Unfair labor practice' means the commission of an act
designated an unfair labor practice in ORS 243.672.
(25) 'Voluntary arbitration' means the procedure whereby
parties involved in a labor dispute mutually agree to submit
their differences to a third party for a final and binding
decision.
SECTION 4. { + (1) The Commissioner of the Bureau of Labor and
Industries shall appoint an advisory committee. The advisory
committee must include equal representation of members from labor
and management.
(2) Upon request by a particular industry or profession, the
advisory committee shall:
(a) Determine when the ordinary course of the requesting
industry or profession makes compliance with ORS 653.077
difficult for an employer in that industry or profession; and
(b) Submit to the commissioner recommendations for rules that
address compliance difficulties in that industry or profession.
(3) The commissioner shall determine the terms and organization
of the advisory committee.
(4) All agencies of state government, as defined in ORS
174.111, are directed to assist the advisory committee in the
performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and
advice as the members of the advisory committee consider
necessary to perform their duties. + }
SECTION 5. { + ORS 653.075 and 653.077 are added to and made a
part of ORS 653.010 to 653.261. + }
SECTION 6. { + The amendments to ORS 243.650, 653.077 and
653.256 by sections 1 to 3 of this 2007 Act apply to conduct
occurring on or after the effective date of this 2007 Act. + }
SECTION 6a. If Senate Bill 400 becomes law, section 6 of this
2007 Act is amended to read:
{ + Sec. 6. + } The amendments to ORS 243.650, 653.077 and
653.256 by sections 1 { + , 2 and 3a + } { - to 3 - } of this
2007 Act apply to conduct occurring on or after the effective
date of this 2007 Act.
SECTION 7. { + Notwithstanding section 6 of this 2007 Act, ORS
653.077 (10) first applies to the 2008-2009 school year. + }
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Enrolled House Bill 2372 (HB 2372-B) Page 10
Passed by House March 29, 2007
Repassed by House May 8, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 4, 2007
...........................................................
President of Senate
Enrolled House Bill 2372 (HB 2372-B) Page 11
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2372 (HB 2372-B) Page 12