ORS 410.612
Collective bargaining

(1)

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 Home Care Commission is the employer of record for home care workers and personal support workers.

(2)

Except as provided in ORS 410.614 (Rights of home care and personal support workers) and 410.619 (Home care and personal support workers not state employees), home care workers and personal support workers may not be considered to be employees of the State of Oregon, an area agency, a support services brokerage or other public agency.

(3)

Intentionally left blank —Ed.

(a)

The Oregon Department of Administrative Services shall represent the commission in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of home care workers and personal support workers. The department is authorized to agree to terms and conditions of collective bargaining agreements on behalf of the commission and the Department of Human Services.

(b)

The Oregon Department of Administrative Services 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. [2001 c.901 §6; 2014 c.116 §8; 2018 c.75 §15; 2020 s.s.2 c.10 §6]

Source: Section 410.612 — Collective bargaining, https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html.

Notes of Decisions

Department of Human Services determination of employment conditions for home care workers is not performed on behalf of, or as representative of, Home Care Commission. Service Employees International Union Local 503 v. Department of Administrative Services, 202 Or App 469, 123 P3d 300 (2005), Sup Ct review denied

410.010
State policy for seniors and people with disabilities 410.020
Implementation of state policy 410.030
Legislative findings on long term care options 410.040
Definitions for ORS 410.040 to 410.300, 410.320 and 410.619 410.050
General policy 410.060
Policy for persons with disabilities served by department 410.065
Comprehensive plan for long term care system 410.070
Duties of Department of Human Services 410.072
Determination of annual budget levels for type B area agencies 410.074
Consultation with representatives of type B area agencies on rules establishing methodology 410.075
Authority of department and Oregon Health Authority to hold title to property 410.080
Department as single state agency for specified federal programs 410.090
Department to implement supportive social services for persons age 60 and older 410.100
When department to administer area agency programs 410.120
Senior and Disabled Services Account 410.140
Records 410.150
Use of files 410.160
Limitation on estate claims 410.180
Long term care reimbursement audit manual 410.190
Representation of entities in contested case proceedings before department 410.210
Area agency advisory councils 410.220
Use of state and local resources 410.230
Expenditure of local funds not required 410.240
Operation of type A agencies 410.250
Duties of type A agencies 410.270
Operation of type B agencies 410.280
Duties of type B agencies 410.290
Conditions for designation as type B agency 410.295
Authority of type B agency to regulate adult foster homes 410.300
Transfer of state employees to type B agency 410.320
Governor’s Commission on Senior Services 410.330
Legislator members 410.340
Appointments to fill vacancies 410.410
Definitions for ORS 410.410 to 410.480 410.420
Use of funds for specified services 410.422
Oregon Project Independence Fund 410.425
Separate accounts for persons age 60 and over and for persons with Alzheimer’s disease or related disorders 410.430
Eligibility for authorized services 410.435
Expansion of Oregon Project Independence 410.440
Priorities for services 410.450
Determinations of eligibility 410.460
Computation of allowable costs 410.470
Fees 410.480
Required record keeping 410.485
Legislative findings 410.490
Duties of department 410.495
Registry for adult day care programs in state 410.505
Definitions for ORS 410.505 to 410.545 410.510
Establishment of procedure for assessment 410.515
Notice of availability of admission assessment services 410.520
When assessment to occur 410.525
Disclosure of fees 410.530
Department authority 410.535
Rules 410.540
Compliance as condition for licensure 410.545
Implementation of ORS 410.505 to 410.545 requires federal funding 410.550
Medicaid Long Term Care Quality and Reimbursement Advisory Council 410.555
Submission of changes to Medicaid reimbursement system to council 410.595
Legislative intent and findings 410.596
Statewide plan to expand access to skilled home care and personal support workforce 410.598
Training and testing for home care workers and personal support workers 410.600
Definitions for ORS 410.595 to 410.625 410.602
Home Care Commission 410.603
Developmental Disabilities and Mental Health Committee 410.604
Duties of commission 410.605
Private pay home care worker program 410.606
Referral of qualified individuals on home care registry 410.607
Home care and personal support worker classifications and payment rates 410.608
Selection of home care or personal support worker 410.612
Collective bargaining 410.614
Rights of home care and personal support workers 410.619
Home care and personal support workers not state employees 410.625
Authority of commission 410.631
Noncompetition agreements voidable by home care worker and personal support worker 410.632
Certain covenants between employer and home care worker or personal support worker voidable by worker 410.710
State policy on persons with disabilities 410.715
Person suffering brain injury to be considered person with disability 410.720
Mental health and addiction services for senior citizens and persons with disabilities 410.730
Self-Sufficiency Trust Fund 410.732
Disabilities Trust Fund 410.740
Oregon Deaf and Hard-of-Hearing Services Program 410.851
Policy on patient-based reimbursement system for long term care facilities 410.890
Civil penalty
Green check means up to date. Up to date

Current through early 2024

§ 410.612’s source at oregon​.gov