ORS 261.345
Employment of labor

  • pay and conditions
  • agreements
  • rights of previous employees of private utility

(1)

All labor employed by a district, directly or indirectly, shall be employed under and in pursuance of the provisions of ORS 279B.235 (Condition concerning hours of labor), 279C.540 (Maximum hours of labor on public contracts), 279C.545 (Time limitation on claim for overtime), 653.268 (Overtime for labor directly employed by public employers) and 653.269 (Exceptions to ORS 653.268).

(2)

The minimum scale of wages to be paid by a people’s utility district or by any contractor or subcontractor for such district shall be not less than the prevailing wage for the character of work in the same trade in the largest city having a population of 5,000 or more in the district, or if there is none, the nearest to the district.

(3)

The board of directors of any utility district may negotiate, sign and maintain collective bargaining agreements concerning employment, rates of pay and working conditions with the representatives of its employees. Notice in writing of any intended change in rates of pay, or working conditions, or both, shall be given in accordance with the provisions of the agreements. The provisions of ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) shall govern the negotiation of a collective bargaining agreement and any changes to an existing agreement. The mutual rights and obligations of the board and the employees or their representatives shall be those provided under ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards).

(4)

Whenever any district acquires any utility which at the time of acquisition is in private ownership:

(a)

The district shall, within financial and organizational limitations, offer employment to all employees of the private utility whose work primarily served the affected territory.

(b)

Where the employees of the private utility are, at the time of acquisition, covered by any collective bargaining contract, plan for individual annuity contracts, retirement income policies, group annuity contract or group insurance for the benefit of employees, the district shall maintain any benefits or privileges that employees of the acquired utility would receive or be entitled to had the acquisition not occurred by:

(A)

Assuming for one year all of the rights, obligations and liabilities of the acquired private utility in regard to that collective bargaining contract or plan for the employees covered thereby at the time of acquisition; or

(B)

Substituting a similar plan or contract under an agreement with a majority of the affected employees.

(c)

The district may pay all or part of the premiums or other payments required under paragraph (b) of this subsection out of the revenue derived from the operation of its properties.

(d)

The district shall recognize the collective bargaining agent of the employees if the district retains a majority of the employees of the private utility working in the affected territory. [Amended by 1979 c.558 §23; 1985 c.474 §2; 2003 c.794 §223]

Source: Section 261.345 — Employment of labor; pay and conditions; agreements; rights of previous employees of private utility, https://www.­oregonlegislature.­gov/bills_laws/ors/ors261.­html.

Notes of Decisions

Union has standing to challenge validity of public body’s contract on ground that it fails to require payment of prevailing rate of wage. Int’l Electrical Workers v. Central Lincoln PUD, 69 Or App 127, 684 P2d 611 (1984)

Law Review Citations

51 OLR 54 (1971)

261.005
Short title 261.007
Policy 261.010
Definitions 261.025
Statutory provisions cumulative 261.030
Limit of authority to control existing utilities of electric cooperatives or cities 261.035
Effect of chapter on charter provisions of cities and acquisition of plants 261.045
Procedure in absence of specific provision 261.050
Taxation of district property 261.055
Special elections called by board 261.060
Election procedure 261.065
Application of initiative, referendum and recall laws 261.105
Powers of district 261.110
Areas includable in district 261.113
Petition or resolution for formation to propose special levy for certain purposes 261.115
Contents of electors’ petition 261.118
Withdrawal from petition 261.121
Basis of computing percentage of petition signatures 261.131
Period for county clerk to certify petition 261.141
Formation, annexation or consolidation by resolution 261.147
Resolution to remove territory not served by district 261.151
Hearing by Director of State Department of Energy on district formation 261.161
Hearing by county governing body 261.171
County governing body to call election 261.180
Effect of annexation or consolidation on title to property and indebtedness 261.190
Election of first board of directors 261.200
Proclamation of district formation or boundary change 261.210
Payment of election expenses 261.215
When district formed 261.220
Mandamus to compel performance of its duties by county governing body 261.225
State agencies and private utilities to provide new district certain information 261.235
Definitions for ORS 261.235 to 261.255 261.240
Policy 261.241
Membership in electric cooperative or limited liability corporation 261.245
Authority of district to acquire interest in power facilities 261.250
District liability 261.253
Restriction on public contract imposing unconditional or unlimited financial obligation on electric utility 261.255
Use of district money or property 261.305
General powers of district 261.310
Irrigation, drainage, other districts given power of utility district in certain cases 261.315
Acquisition of distribution facilities outside district 261.325
Acquisition of water rights 261.327
Acquisition of distribution facilities of private utility 261.330
District water right appropriation exclusive if not excessive 261.335
Districts subject to public contracting and purchasing requirements 261.345
Employment of labor 261.348
Transactions for production, supply or delivery of electricity 261.350
Agreements for use of excess district facilities 261.355
Procedure for issuance and sale of revenue bonds 261.360
Authority to issue general obligation bonds 261.365
Bond requirements 261.371
Authority to issue and sell revenue bonds 261.375
Election to authorize district bond issue 261.380
Refunding district indebtedness 261.385
Levy and collection of taxes for certain purposes 261.390
Property taxable 261.405
Board of directors 261.410
Nomination and election of directors of established districts 261.415
Vacancy in office of director 261.420
Terms of office of directors 261.425
Officers of board 261.430
Board meetings 261.445
Appointment and removal of district manager 261.460
Legislative function of board 261.465
Board supervision and regulation of district utilities 261.470
Accounting system adopted by board 261.605
Testing validity of certain commission and board proceedings 261.610
Nature of proceeding 261.615
Appeal to Court of Appeals 261.620
Guidance for court determination 261.625
Costs of proceeding 261.630
Institution of proceeding by elector 261.635
Procedure exclusive 261.705
Authority to dissolve district 261.710
Call of election 261.715
Directors as trustees 261.720
Inventory and sale of district property 261.725
Disposal of sale proceeds 261.730
Disposal of district books and records 261.900
Construction
Green check means up to date. Up to date

Current through early 2024

§ 261.345’s source at oregon​.gov