OAR 436-140-0003
Applicability of Rules
(1)
These rules shall be applicable on their effective date and thereafter to carry out the provisions of ORS 656.170 (Validity of provisions of certain collective bargaining agreements) and 656.172 (Applicability of and criteria for establishing program under ORS 656.170).(2)
Notwithstanding sections 2 and 3, chapter 841, Oregon Laws 1999 (ORS 656.170 (Validity of provisions of certain collective bargaining agreements) and 656.172 (Applicability of and criteria for establishing program under ORS 656.170)), prior to January 1, 2002 the director may issue letters of eligibility to only two qualified unions for participation in an alternative dispute resolution system authorized under section 2 of the 1999 Act (656.170 (Validity of provisions of certain collective bargaining agreements)). The director may not issue letters of eligibility after January 1, 2002.(3)
These rules apply to parties to a collective bargaining agreement only insofar as and only to the extent that the agreement contains the provisions provided by ORS 656.170 (Validity of provisions of certain collective bargaining agreements), has been approved by the director, and for which eligibility has been established under these rules.(4)
Except as otherwise provided by law, the provisions of ORS Chapter 656 (Workers’ Compensation), OAR chapters 436, and 438 apply to programs entered into under these rules, unless the collective bargaining agreement expressly specifies otherwise.(5)
Applicable to this chapter, the director may, unless otherwise obligated by statute, waive any procedural rules as justice so requires.
Source:
Rule 436-140-0003 — Applicability of Rules, https://secure.sos.state.or.us/oard/view.action?ruleNumber=436-140-0003.