Senior and Disability Services

ORS 410.614
Rights of home care and personal support workers


(1)

Notwithstanding ORS 243.650 (Definitions for ORS 243.650 to 243.806) (19) and (20), the Home Care Commission shall be considered a public employer and home care workers and personal support workers shall be considered public employees governed by 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).

(2)

Home care workers and personal support workers 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 with the commission on matters concerning employment 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.

(3)

Home care workers and personal support workers are not public employees with respect to the Public Employees Retirement System, the Oregon Public Service Retirement Plan or the Public Employees’ Benefit Board.

(4)

Home care workers and personal support workers do not have the right to strike. [2001 c.901 §7; 2014 c.116 §9; 2018 c.75 §16]

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