What is the PECBA timeline?
The Oregon Public Employees Collective Bargaining Act (PECBA) provides that the College and Union must engage in good faith bargaining for at least 150 calendar days. If no agreement is reached after the 150 days, either party can begin the mediation process by requesting the assistance of a mediator that is appointed by the Oregon Employment Relations Board. The parties are required to be in the mediation process for at least 15 calendar days from the date of the first mediation session. If no agreement is reached during mediation, the parties can continue mediation or either party may declare an impasse. If an impasse is declared, both parties must file with the mediator a Final Offer and cost summary within 7 calendar days of declaring impasse. Those Final Offers and cost summaries are available to the public. Once filed, there is a 30-day “cooling-off” period to allow for more negotiations in an attempt to reach an agreement. If the parties still are unable to reach agreement, upon proper notice to the other party, the Union can strike and the College can implement all or part of their Final Offer.
For more information on negotiation under PECBA, please visit the ERB’s website at: http://www.oregon.gov/ERB/Pages/PECBAOverview.aspx
Collective Bargaining Background Brief
Strike Permitted Unit Bargaining Process
Direct Bargaining (minimum 150 days)
↓
Mediation (minimum 15 days)
↓
Impasse
↓
Final Offer and Costing
(within 7 days of impasse)
↓
30 day Cooling Off Period
↓
↓ ↓
Employer may Union may
Implement Strike
Final Offer (after 10 day notice)
What is mediation?
Mediation is the second phase of the negotiations process outlined in PECBA. As discussed above, PECBA is Oregon’s statute governing public sector labor relations. When the parties have completed at least 150 days of direct bargaining, either party may request that the Oregon Employment Relations Board assigned an independent mediator to assist the parties in finding common ground and resolving outstanding issues.
How long does mediation last?
There is no set timeframe for how long the parties can be in mediation with the assistance of a mediator, but there is a requirement that before either party declares impasse 15 calendar days must past from the first session the parties hold with a mediator.
Are mediation sessions open to the public?
No. Mediation is a confidential process. Offers made during the mediation process are considered confidential unless a party makes an offer that it identifies as public to the other side. If that occurs, then the contents of that offer is considered public.
What is impasse?
Impasse is phase of the negotiations process outlined in the PECBA. When the parties have completed at least 150 days of direct bargaining and at least 15 days of mediation, either party may declare impasse.
What happens after a party declares impasse?
Once impasse is declared, both parties are required to file their “final offers” with a cost summary to the Oregon Employment Relations Board. After the final offers and cost summaries are filed, there is a 30-day cooling-off period.
Does declaring impasse mean that negotiations end?
No. The parties are obligated to continue negotiating until an agreement is reached.
Does declaring impasse mean that the Universities will implement their own terms?
No. Implementation, if any, can only occur after the cooling-off period has ended and only after the College provide sufficient notice to the Union of what terms, if any, they intend to implement. Sufficient notice means that the notice must be clear as to the terms and date of implementation. In addition, the College is required to provide such notice in advance of the implementation to allow the Union with a reasonable amount of time to consider the terms of implementation.
Does declaring impasse mean that the Union will strike?
No. A strike, if any, can only occur after the cooling-off period has ended and only after the Union provides the College with at a 10-day notice. The notice must specify the first day of the strike and the reasons for the strike, including the list of unresolved issues. The notice may be sent during the 30-day cooling off period, although a strike cannot occur until after the 30-day period has expired.
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