ORS 243.722
Fact-finding procedure

  • costs
  • basis for findings and opinions
  • effect of subsequent arbitration decision

(1)

In carrying out the fact-finding procedures authorized in ORS 243.712 (Mediation upon failure to agree after 150-day period) (2)(c), the public employer and the exclusive representative may select their own fact finder.

(2)

Intentionally left blank —Ed.

(a)

Where the parties have not selected their own fact finder within five days after written acknowledgment by the Employment Relations Board that fact-finding has been jointly initiated, the board shall submit to the parties a list of seven qualified, disinterested, unbiased persons. A list of Oregon fact-finding interest arbitrations 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 “fact finder.”

(b)

When both parties desire a panel of three fact finders instead of one as provided in this subsection, the board shall submit to the parties a list of seven qualified, unbiased, disinterested persons. Each party shall alternately strike two names from the list. The order of striking shall be determined by lot. The remaining three persons shall be designated “fact finders.”

(c)

When the parties have not designated the fact finder and notified the board of their choice within five days after receipt of the list, the board shall appoint the fact finder 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 fact finder only from the names remaining on the list.

(d)

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 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 fact finder shall establish dates and places of hearings. Upon the request of either party or the fact finder, the board shall issue subpoenas. The fact finder 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. Not more than 30 days from the date of conclusion of the hearings, the fact finder shall make written findings of fact and recommendations for resolution of the dispute and shall serve such findings and recommendations upon the parties and upon the board. Service may be personal or by registered or certified mail. Not more than five working days after the findings and recommendations have been sent, the parties shall notify the board and each other whether or not they accept the recommendations of the fact finder. If the parties do not accept them, the board, five days after receiving notice that one or both of the parties do not accept the findings, shall publicize the fact finder’s findings of facts and recommendations.

(4)

The parties may voluntarily agree at any time during or after fact-finding to submit any or all of the issues in dispute to final and binding arbitration, and if such agreement is reached prior to the publication of the fact finder’s findings of facts and recommendations, the board shall not publicize such findings and recommendations.

(5)

The cost of fact-finding shall be borne equally by the parties involved in the dispute.

(6)

Fact finders shall base their findings and opinions on the matters prescribed in this subsection in accordance with the criteria set out in ORS 243.746 (Selection of arbitrator) (4)(a) to (h). [1973 c.536 §14; 1995 c.286 §7]

Source: Section 243.722 — Fact-finding procedure; costs; basis for findings and opinions; effect of subsequent arbitration decision, https://www.­oregonlegislature.­gov/bills_laws/ors/ors243.­html.

See also annotations under ORS 342.470 in permanent edition.

Notes of Decisions

Where one party did not participate in collective bargaining process, this section permitted the opposite party to initiate arbitration procedures before fact finding was completed whether or not nonparticipating party concurred. La Grande Police Assoc. v. Hamilton, 56 Or App 133, 641 P2d 1132 (1982)

Attorney General Opinions

Liability of district for costs when mediator or factfinder is appointed by superintendent, (1971) Vol 35, p 961

Law Review Citations

28 WLR 259 (1992)

243.005
Definitions for ORS 243.005 to 243.045 243.015
Life insurance for police and firefighters 243.025
Issuance of $10,000 life insurance certificate 243.035
Premiums and administrative costs to be budgeted and paid by public employers 243.045
Police and firefighters considered common group for certain purposes 243.055
Exemption from requirements of ORS 243.005 to 243.045 for certain public employers 243.057
Role of executive director 243.061
Public Employees’ Benefit Board 243.066
Officers 243.105
Definitions for ORS 243.105 to 243.285 243.107
Employees of public universities eligible to participate in benefit plan 243.125
Powers and duties of board 243.129
Participation in benefit plan by local government 243.135
Health benefit plans for eligible employees 243.140
Health benefit and dental plans for persons operating foster homes 243.142
Application for federal waiver 243.144
Health benefit plan coverage requirements 243.145
Board authority with respect to health benefit plans 243.156
Coverage of adult disabled children 243.160
Eligibility of retired officer or employee to participate in dental benefit plan 243.163
Eligibility of former member of Legislative Assembly to participate in group benefit plan 243.165
Public Employees’ Benefit Account 243.167
Public Employees’ Revolving Fund 243.170
Contributions for job-share employees limited 243.185
Transfer of moneys from General Fund for payment of costs of health benefit plans 243.200
Participation of self-pay groups in benefit plans 243.205
Reports 243.215
Certain eligible employees permitted to receive employer contributions for health benefit plans of their choice 243.221
Options that may be offered under flexible benefit plan 243.223
Rules for flexible benefit plans 243.252
Payment of cost for employees or retirees 243.256
Reimbursement methodology for payment to hospitals 243.275
Additional benefit plans authorized 243.285
Salary deductions 243.291
Plan eligibility 243.296
Requirements when board offers long term care insurance plan 243.302
Grouping retired and nonretired employees for health insurance coverage 243.303
Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children 243.305
Policy of affirmative action and fair and equal employment opportunities and advancement 243.315
Director of Affirmative Action 243.317
Definitions for ORS 243.317 to 243.323 243.319
Written policy regarding workplace harassment 243.321
Written policies and procedures regarding investigation of report of workplace harassment 243.323
Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment 243.325
“Public employee” defined 243.330
Leaves of absence for athletic competition 243.335
Reimbursement to public employer 243.401
Definitions for ORS 243.401 to 243.507 243.411
Deferred Compensation Fund 243.416
State Treasurer as fund custodian 243.421
Investment program for fund 243.426
Accounts 243.428
Forfeited payments 243.435
Plan contents 243.440
Salary reduction for deferred compensation plan 243.445
Employee choice of plans 243.450
Disclosure statement 243.460
Effect of deferred compensation on current taxable income and on retirement programs 243.462
Option to defer compensation on after-tax basis 243.465
Rollover distribution of deferred amounts to beneficiary 243.470
Administration of deferred compensation program 243.472
Costs of plan administration assessed against participants 243.474
Investment of local government plan assets through investment program 243.476
Compliance with federal requirements 243.478
Plan administration agreements 243.482
Immunity of governmental agencies from liability for plan administration or investment of funds 243.505
Deferred Compensation Advisory Committee 243.507
Payment of deferred compensation to alternate payee under judgment or order 243.550
Dependent care assistance plan 243.555
Definitions for ORS 243.555 to 243.575 243.560
Rulemaking 243.565
Administration of plan 243.570
Compensation reduction agreement 243.575
Computation of retirement and pension benefits 243.585
Accounting system allowances for dedication of salary 243.650
Definitions for ORS 243.650 to 243.809 243.656
Policy statement 243.662
Rights of public employees to join labor organizations 243.666
Certified or recognized labor organization as exclusive employee group representative 243.668
Legislative findings 243.670
Prohibition of actions by public employer to assist, promote or deter union organizing 243.672
Unfair labor practices 243.676
Processing of unfair labor practice complaints 243.682
Representation questions 243.684
Requirements for petition for representation 243.686
Representation elections 243.692
Limitation on successive representation elections 243.696
Bargaining representatives for executive department state agencies, judicial department and legislative department 243.698
Expedited bargaining process 243.702
Renegotiation of invalid provisions in agreements 243.706
Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process 243.712
Mediation upon failure to agree after 150-day period 243.716
Use of volunteers not contracting out for services 243.722
Fact-finding procedure 243.726
Public employee strikes 243.732
Refusal to cross picket line as prohibited strike 243.736
Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel 243.738
Strikes by employees of mass transit districts, transportation districts and municipal bus systems 243.742
Binding arbitration when strike prohibited 243.746
Selection of arbitrator 243.752
Arbitration decision final 243.756
Employment conditions during arbitration 243.762
Alternative arbitration procedure under collective bargaining agreement 243.766
Board duties in administration of collective bargaining laws 243.772
Effect of collective bargaining laws on local charters and ordinances 243.778
Student representation when bargaining unit includes public university faculty 243.782
Representation by counsel authorized 243.796
Definitions for ORS 243.796 to 243.806 243.798
Reasonable time granted to designated representatives to engage in certain activities during work hours 243.802
Written agreements regarding grant of period of release time for public employees to serve as designated representatives 243.804
Reasonable access to employees within bargaining unit 243.806
Agreement authorizing public employer to make deductions from salary or wages of public employee 243.808
Arbitration concerning alleged misconduct by law enforcement officer 243.809
Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards 243.812
Commission on Statewide Law Enforcement Standards of Conduct and Discipline 243.815
Optional retirement plan for certain academic and administrative public university employees 243.820
Agreement for payment of annuity premium or investment in stock of regulated investment company 243.830
Effect of agreement on retirement contributions and benefits 243.850
Qualified football coaches plan 243.860
Definitions for ORS 243.860 to 243.886 243.862
Oregon Educators Benefit Board 243.864
Duties 243.866
Benefit plans 243.867
Participation in benefit plan by local government 243.868
Benefit plans for other than health and dental benefits 243.869
Coverage of adult disabled children 243.870
Long term care benefit plans 243.872
Requirements when board offers long term care benefit plan 243.874
Flexible benefit plans 243.876
Payroll deductions 243.877
Health benefit plan coverage requirements 243.878
Board authority with respect to health benefit plans 243.879
Reimbursement methodology for payment to hospitals 243.880
Oregon Educators Benefit Account 243.882
Monthly participation assessment 243.884
Oregon Educators Revolving Fund 243.886
Limitations on district participation in benefit plans 243.910
Definitions for ORS 243.910 to 243.945 243.920
Assisting employees to obtain supplemental benefits 243.930
Board contributions 243.935
Employer assumption of full amount of employee contributions 243.940
Employee election 243.945
Employees not eligible for assistance 243.950
Public Safety Memorial Fund 243.952
Public Safety Memorial Fund Board 243.954
Definitions for ORS 243.954 to 243.974 243.956
Eligibility for benefits from fund 243.958
Initial application for benefits 243.959
Supplemental application for benefits 243.960
Application information public record 243.962
Determination of award amount 243.964
Order 243.966
Reconsideration 243.968
Payment of awards 243.969
Payment of lump sum benefits 243.970
Authority of board 243.972
Gifts 243.974
Designation of beneficiary form
Green check means up to date. Up to date

Current through early 2024

§ 243.722’s source at oregon​.gov