Senior and Disability Services

ORS 410.612
Collective bargaining


(1)

For purposes of collective bargaining under ORS 243.650 (Definitions for ORS 243.650 to 243.806) to 243.806 (Agreement authorizing public employer to make deductions from salary or wages of public employee), 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)

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. [2001 c.901 §6; 2014 c.116 §8; 2018 c.75 §15]

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

Chapter 410

Notes of Decisions

Agency rules making placement of handicapped and elderly persons factor of their primary service needs and providing for different residential facilities to accommodate persons with different needs were consistent with provisions of this chapter in effect at time petitioner, who was mentally retarded, was refused placement at facility which primarily served elderly. Dempsey v. Senior Services Division, 92 Or App 163, 758 P2d 367 (1988)


Source

Last accessed
Jun. 26, 2021