Employment contracts have the terms and conditions of employment. Each employee must have a written employment contract. A union must bargain in good faith on behalf of the workers it represents, and it is illegal for a union not to do so. Examples of failure to do so include insistence on an impasse on a non-mandatory bargaining issue or entering into a collective agreement with an employer who then refuses to sign it. If the parties fail to reach an agreement after the first 150 calendar days of the negotiations, either party may begin the mediation process by sending a written request for mediation to the State Arbitration Board of that chamber (ORS 243.712(2)). The parties may also mutually agree to mediate before the expiry of the 150-day period. In these cases, the request for mediation must be signed by both parties. Unfair negotiations occur when an employee is significantly disadvantaged in negotiating an individual employment contract. Paragraph 8(d) of the Act sets out what falls under the obligation to bargain collectively. Section 8(b)(3) of the Act prohibits a work organization or its representatives from refusing to bargain collectively with an employer whose employees you represent.
For example, you cannot specify in the collective agreement the terms and conditions that would bind the employee if the employee were a member of the union (with the exception of bargaining fees payable under Part 6B); and the “30-day rule” means that within the first 30 days, new workers who are not unionized must be employed under the applicable collective agreement, which would bind them if they were unionized. (If there are multiple collective agreements in the workplace, the terms come from the collective agreement that binds the largest number of workers to the new employee`s work.) An employee may have an individual employment contract, or if he is a member of a trade union, he is subject to a relevant collective agreement. A well-written employment contract helps the employee and employer know what is expected of them and what they are entitled to. This means that misunderstandings are less likely and if a problem arises, employees and employers can look at the employment contract to sort things out. No condition of employment may be expressed that changes automatically after the expiry of the 30-day period in a manner that makes it less favourable to the employee than the collective agreement. PECBA provides for an accelerated negotiated procedure for employers` proposals to modify certain employment relationships during the term of a collective agreement (ORS 243.698). In this procedure, the employer must notify the union of its intention to change a condition that imposes a bargaining obligation. Within 14 days of notification to the employer, the union may submit a request for negotiation. If no application is made within 14 days, it is a waiver of the union`s right to bargain.
The obligation to bargain expires 90 days after the employer notifies the union. During this 90-day period, the parties may jointly request mediation, but binding arbitration cannot be initiated. Employers are required to keep a copy of the employment contract (or signed terms and conditions of employment in force). The employer must comply with a “planned agreement” even if the employee has not signed it. Employees are entitled to a copy of their agreement upon request. An important change that employers with collective agreements should be aware of is the reinstatement of the 30-day rule. For the first 30 days after the new employee takes up his or her duties with the employer, the employee`s terms and conditions of employment include: if the work to be performed by the new employee falls under more than 1 collective agreement, subsection (3) (a) applies to the collective agreement that binds the largest number of employees of the employer with respect to the work, that the employee will perform. If the 30-day rule applies, employers must provide and inform these new employees of a legal form within 10 calendar days of the start of work. An easy way to do this would be to attach it with a welcome letter, email or introductory kit that employees receive on the first day.
Employers can also provide a copy of the employer`s Standard Individual Employment Contract (EIA) and the various collective agreements if there is more than one option. The form contains the union(s) with the collective agreements in force in the workplace. It allows employees to indicate whether or not they intend to join the union (and whether there are several options, which ones). Workers may also choose not to have their information disclosed to the trade union(s) concerned. In addition, employers must provide the employee with an approved “Active Choice Form” within the first 10 days of employment. The employee must complete this form to indicate to his employer whether or not he intends to join a union. This form must be returned to the employer before the first 30 days of employment. For more information about active voting forms and your obligations to notify the employee when they choose to join a union, click here.
For the purposes of paragraph (1)(a), a collective agreement containing a cover clause relating to designated employees or work performed by designated employees to whom the collective agreement applies is treated in such a way as to cover the work or type of work performed by those workers (whether performed by those workers or other workers). Employers are required by law to negotiate in good faith with their employee representative and to sign any collective agreement entered into. This obligation includes many obligations, including the obligation not to make certain changes without negotiating with the union and not to circumvent the union and to deal directly with the workers it represents. These examples hardly scratch the surface. Given the complexity and importance of this issue, employers should do so. 30-day rule If a collective agreement exists, all new employees hired on or after May 6, 2019 must be employed for the first 30 days of their employment under the terms of the collective agreement that covers their role (regardless of the effective date of the collective agreement). You can use our employment contract builder to create an employment contract for your employees that meets the needs of your business. The type of employment contract offered and negotiated in good faith depends on factors such as whether the employee is a member of a union. The final step in the collective bargaining process depends on the type of work performed by workers in the collective bargaining unit.
The law prohibits strikes by certain employees (see ORS 243,736 and ORS 243,738 for a list of employees who are prohibited from striking). For all other employees represented, the final step in the collective bargaining process for unions and workers is the right to strike. Workers in a collective bargaining unit authorized to strike may go on strike after completing in good faith the previous steps in the PECBA bargaining process and announcing their intention to strike and the reason for their intention to strike 10 days in advance (ORS 243.726). The intention to strike must be sent by registered mail to ERB and the public employer. Notification can be sent during the 30-day cooling-off period, although a strike can only take place after the 30-day period has expired. If you have any concerns or questions about changes regarding unions, collective bargaining and collective agreements, please contact our team. We can also give you additional advice on how to concretely manage this 30-day rule for your company and provide you with strategic advice on how to negotiate the terms of an individual employment contract. MBIE recently created a form and guidance for employers. This update summarizes these requirements and what employers need to do next, whether or not they receive the form. (If you work in a workplace without a collective agreement, this update does not apply to you.) According to PECBA, a public employer and the union representing public sector employees are first required to meet and negotiate directly with each other (ORS 243.712(1)). PECBA requires parties to participate in negotiations in good faith for at least 150 calendar days before either party can unilaterally request the assignment of a mediator.
For a new collective bargaining unit, the 150 days begin when a union is recognized or certified for the first time. In the case of negotiations for a successor agreement or reopening in an ongoing agreement, the 150 days begin to run when the parties meet for the first negotiating meeting and have exchanged their initial proposals, or another date on which both parties agree in writing. (Note: In addition to the process described here, ORS 243.698 provides for a 90-day expedited negotiation process for changes to mandatory terms during the term of the contract, as described below.) If no agreement is reached within 15 days of the first mediation session, the parties may either continue the mediation or declare an impasse to either party (ORS 243.712(2)). .