Education and the Collective Bargaining Law: The Right to Bargain

Collective bargaining or negotiations is defined as 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, e.g., salary and working conditions, or the negotiation of an agreement, and the execution of a written contract incorporating any agreement reached.” However, this obligation does not compel either party to agree to a proposal or make concessions.

Under Oregon’s Public Employee Collective Bargaining Law, passed by the Oregon Legislature in 1973 and amended in 1995, bargaining includes four steps — negotiations, mediation, impasse/cooling-off period and strike or implementation of a final offer. A strike by the union or implementation of the employer’s final offer can only occur after the first three steps are exhausted. The law gives all public employees except police officers, firefighters, 911, police and fire dispatchers, and correctional institution and mental hospital guards the right to strike.

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Employment Relations Board

In Oregon a three-member Employment Relations Board appointed by the governor is the state agency responsible for administration and interpretation of the collective bargaining law. Members of the board serve four-year terms. One member is neutral, one represents management and one represents labor.

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