ORS 329A.430
Rights of family child care providers to join labor organizations

  • state as employer for collective bargaining purposes

(1)

As used in this section:

(a)

“Certified family child care provider” means an individual who operates a family child care home that is certified under ORS 329A.280 (When certification required).

(b)

“Child care subsidy” means a payment made by the state on behalf of eligible children for child care services provided for periods of less than 24 hours in a day.

(c)

“Exempt family child care provider” means an individual who provides child care services in the home of the individual or in the home of the child, whose services are not required to be certified or registered under ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) to 329A.450 (Assistance to staff of facility) and who receives a child care subsidy.

(d)

“Family child care provider” means an individual who is a certified, registered or exempt family child care provider.

(e)

“Registered family child care provider” means an individual who operates a family child care home that is registered under ORS 329A.330 (Registration requirements).

(2)

For purposes of collective bargaining 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), the State of Oregon is the public employer of record of family child care providers.

(3)

Notwithstanding ORS 243.650 (Definitions for ORS 243.650 to 243.809) (19), family child care providers are considered to be public employees governed by 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). Family child care providers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining on matters concerning labor relations. These rights shall be exercised in accordance with the rights granted to public employees, with mediation and interest arbitration under ORS 243.742 (Binding arbitration when strike prohibited) as the method of concluding the collective bargaining process. Family child care providers may not strike.

(4)

Notwithstanding subsections (2) and (3) of this section, family child care providers are not for any other purpose employees of the State of Oregon or any other public body.

(5)

Intentionally left blank —Ed.

(a)

The Oregon Department of Administrative Services shall represent the State of Oregon in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of family child care providers. The Oregon Department of Administrative Services is authorized to agree to terms and conditions of collective bargaining agreements on behalf of the State of Oregon.

(b)

The department shall report to the legislative review agency, as defined in ORS 291.371 (Salary plan review by legislative review agency), on any new or changed provisions relating to compensation in a collective bargaining agreement negotiated under this section.

(6)

Notwithstanding ORS 243.650 (Definitions for ORS 243.650 to 243.809) (1):

(a)

The appropriate bargaining unit for certified and registered family child care providers is a bargaining unit of all certified and registered family child care providers in the state.

(b)

The appropriate bargaining unit for exempt family child care providers is a bargaining unit of all exempt family child care providers in the state.

(7)

This section does not modify any right of a parent or legal guardian to choose and terminate the services of a family child care provider. [Formerly 657A.430; 2020 s.s.2 c.10 §7]

Source: Section 329A.430 — Rights of family child care providers to join labor organizations; state as employer for collective bargaining purposes, https://www.­oregonlegislature.­gov/bills_laws/ors/ors329A.­html.

329A.010
Office of Child Care
329A.020
Duties of office
329A.025
Information sharing between Office of Child Care and Department of Human Services
329A.030
Central Background Registry
329A.100
“Resource and referral system” defined for ORS 329A.100 to 329A.135
329A.110
Policy
329A.120
Services by resource and referral entities
329A.130
Resource and referral entities required to match funds
329A.135
Duties of Office of Child Care
329A.250
Definitions for ORS 329A.030 and 329A.250 to 329A.450
329A.252
Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended
329A.255
Preschool recorded program
329A.257
School-age recorded program
329A.260
Minimum standards for child care facilities
329A.261
Development of quality recognition and improvement system
329A.263
Emergency plan for facilities
329A.270
Renewal procedure for certification or registration
329A.275
Rules
329A.280
When certification required
329A.290
Qualifications of applicant for certification
329A.300
Issuance of certification
329A.310
Application
329A.330
Registration requirements
329A.340
Certain child care providers required to attend orientation
329A.342
Jurisdiction
329A.344
Cease and desist order
329A.346
Progressive enforcement system
329A.348
Interference with disclosure of information
329A.350
Denial, revocation or suspension of certification or registration
329A.360
Notice
329A.370
Injunction
329A.390
Inspection
329A.400
Duties of Oregon Health Authority
329A.410
When search warrant required
329A.420
Cooperative agreements to inspect premises
329A.430
Rights of family child care providers to join labor organizations
329A.440
Application of land use regulations to family child care homes
329A.450
Assistance to staff of facility
329A.460
Separate sleeping quarters not required for certain persons providing child care or babysitting services
329A.490
Child care provider training program
329A.493
Funds for training program
329A.500
Employment Related Day Care subsidy program
329A.505
Inspection
329A.600
Early Childhood Suspension and Expulsion Prevention Program
329A.625
Prohibition on suspending or expelling child from program
329A.700
Definitions for ORS 329A.700 to 329A.712
329A.703
Program established
329A.706
Program implementation
329A.712
Revenue distribution to child care providers
329A.750
Department of Early Learning and Care responsible for administering federal funds
329A.990
Criminal penalty
329A.992
Suspension
329A.994
Civil penalty for interference with disclosure of information
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