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Contents

The Right to Bargain Employment Relations Bd Bargaining Units Union Representation Management’s Barg. Team The Bargaining Process Status Quo Continues Step 1: Bargaining Begins Communications Step 2: Mediation Step 3: Impasse/Cooling-off Fact-finding (Optional) Step 4: Strike or Implement Strike by Union During a Strike Oregon Strike History Teachers Union Strikes Final Offer Implementation Interim Bargaining Covering Collective Barg. Negotiations Flowcharts Collective Bargaining Terms Timeline

Timeline from Impasse to Strike/ Implementation of Final Offer

Procedure   Timeline
1. No agreement reached   After bargaining in good faith for 150 calendar days (90 days for interim issues)
References:
Procedure   Timeline
2. Request for mediation:   Three to four weeks
  • Letter of request to Mediation and Conciliation Services (ERB)
  • Mediator assigned
  • Date set to begin mediation 
References:
Procedure   Timeline
3. Mediation sessions   15 days of mediation
References:
Procedure   Timeline
4. Post-mediation Impasse    
  • Both parties must submit final offers to mediator
  Within 7 days of impasse
  • Final offer must include summary of costs
  Within 7 days of impasse
  • Mediator must make final offers public
  Immediately upon receipt of written offers
References:
Procedure   Timeline
5. Request for fact-finding.   Within 30 days after final offers are made public
  • Both parties must request fact-finding
References:
Procedure   Timeline
6. ERB notifies parties fact-finding initiated   One to two weeks after request
References:
Procedure   Timeline
7. Selection of factfinder:   Five days after ERB notification, fact-finding is initiated
  • Parties may select their own factfinder; or
  • ERB submits list of seven factfinders to parties
  • May be individual or panel of three
  • Parties strike names to make selection
References:
Procedure   Timeline
8. Notification:    
  • Factfinder notified of selection
References:
Procedure   Timeline
9. Date of hearing:    
  • Factfinder sets date for hearing
References:
Procedure   Timeline
10. Prior to hearing:    
  • Statement of issues sent to the factfinder and other party
Seven days prior to hearing
References:
Procedure   Timeline
11. Hearing   Two to three weeks after factfinder is notified of selection
References:
Procedure   Timeline
12. Factfinder’s report issued   Not more than 30 days from date hearing concluded
References:
Procedure   Timeline
13. Consider report:    
  • Accept or reject recommendations and notify ERB and the other party
Not more than five working days after report sent to parties
  • If both parties accept, recommendations and any tentative agreements become the contract
 
  • If one or both sides reject, ERB publicized the factfinder’s report

 

Five calendar days after ERB receives notice one party does not or both parties do not accept the findings
References:
Procedure   Timeline
14. Mediation, negotiations continue     
     
Procedure   Timeline
15. Strike/implementation of final offer   No sooner than 30 days after the mediator publishes the parties’ final offers (or the factfinder’s report is published) the union may provide 10 days’ prior written notice of strike date or the district may implement its final offer
References:
 

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