Ass'n of Oregon Corrections Employees v. State

164 P.3d 291, 213 Or. App. 648, 2007 Ore. App. LEXIS 953
CourtCourt of Appeals of Oregon
DecidedJuly 5, 2007
DocketUP2504; A130669
StatusPublished

This text of 164 P.3d 291 (Ass'n of Oregon Corrections Employees v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ass'n of Oregon Corrections Employees v. State, 164 P.3d 291, 213 Or. App. 648, 2007 Ore. App. LEXIS 953 (Or. Ct. App. 2007).

Opinion

WOLLHEIM, J.

Following the dot-com boom years of the late 1990s and the early 2000s, this state faced a serious recession. As a result of that recession, revenue to the state fell far short of previous revenue forecasts. This case arose from state employee salary freezes during the 2003-05 biennium and involves a dispute between two labor organizations and two state agencies under the Public Employees Collective Bargaining Act (PECBA), ORS 243.650 to 243.782. The Association of Oregon Corrections Employees (AOCE) filed an unfair labor practice complaint against the Oregon Department of Corrections (DOC), and the Oregon State Police Officers’ Association (OSPOA) filed an unfair labor practice complaint against the Oregon State Police (OSP). Both complaints alleged that the state agencies committed unfair labor practices during the course of negotiating new contracts. As both complaints involved the same issues, the Employment Relations Board (the board) consolidated the complaints for hearing and disposition. The board, with one member separately concurring, ultimately dismissed the complaints, and both unions (collectively, petitioners) seek judicial review. For the reasons explained below, we affirm.

We take the facts — which petitioners do not challenge on judicial review — from the board’s order. When the new Governor took office in January 2003, the state was in the midst of a recession; forecasted revenues for the 2003-05 biennium showed a budgetary shortfall of more than $1 billion. As a result, the Governor proposed a budget to the legislature that included a salary freeze for all state employees during the entire 2003-05 biennium. That is, no money was included in the budget for either cost-of-living adjustments (COLAs) or increases based on advancement on salary schedule steps (step increases), which are annual salary increases for merit and longevity that are received by many state employees. The legislature approved a 2003-05 budget that provided that no state employee would receive a COLA or a step increase.

Typically, the state begins negotiation with public employee unions soon after the legislature convenes. Also typically, a collective bargaining agreement (CBA) between [651]*651the state and a public employee union lasts for one biennium. In early 2003, collective bargaining began. The state’s chief negotiator for collective bargaining understood that, in light of the budgetary constraints, she had virtually no flexibility in bargaining over salaries; money was available for only minor salary range increases based on changes in individual classifications or pay differentials. In February 2003, the state began negotiations with the Service Employees International Union Local 503, Oregon Public Employees Association (SEIU), which represents about 65 percent of the state’s employees. The state initially proposed a wage freeze. After months of bargaining, the state and SEIU reached tentative agreement on a 2003-05 CBA. Under the agreement, wages for bargaining unit members would be frozen for the 2003-05 biennium. There would be no COLAs or step increases. However, each employee who worked for the state from July 1, 2003 through January 2005 would receive a one-time “workload adjustment” payment of $350.

Gary Weeks, then administrator of the Department of Administrative Services, was present at meetings in January and February 2003 during which the state’s chief negotiator and representatives from the Governor’s office discussed the state’s bargaining strategy. He also was present at the bargaining session in which the state and SEIU reached their tentative agreement providing for a wage freeze and work adjustment payment of $350. At that time, Weeks spoke with Leslie Frane, the head of the SEIU bargaining unit. Frane noted that SEIU was the first union to reach agreement with the state, and she expressed concern that other unions might receive more favorable contract terms. Weeks said that the Governor’s position would remain consistent, viz., that no money was available for salary increases. Weeks told Frane that the state would take the same position with all other unions as it had taken with SEIU and that other unions also would receive wage freezes because there was no money for COLAs or step increases.

Except for the unions involved in this case, all CBAs between the state and public employee unions for the 2003-05 biennium included a 24-month wage freeze. Because the effective dates of the contracts vary, some of the negotiated wage freezes extended beyond June 30, 2005, the end of the [652]*6522003-05 biennium. Some of the contracts provided employees with a one-time $350 workload adjustment payment; other contracts gave employees a choice between workload adjustment payments or paid leave.

AOCE is the exclusive representative of a mixed bargaining unit of DOC employees. In January 2003, AOCE and DOC began negotiations for a new CBA that was to replace the CBA that would expire on June 30, 2003.1 The parties participated in seven collective bargaining sessions between January and June 2003. At a June bargaining session, DOC proposed a two-year wage freeze; it also proposed increases in the dollar amount of the employer-paid health insurance subsidy, but did not offer to guarantee that DOC employees would incur no out-of-pocket health insurance costs. In response, AOCE proposed to continue COLAs and step increases.

Before continuing to describe the bargaining history, it would be helpful to describe some of the unique features under PECBA for public employees who are prohibited from striking. Corrections officers at a correctional institution and police officers are both prohibited from striking. ORS 243.736(1). Due to that prohibition, PECBA provides procedures when the state and the public employees cannot reach voluntary agreement. The next step after failed negotiations is mediation. ORS 243.712. Fifteen days after mediation begins, a party may declare an impasse. ORS 243.712(2)(a). If a party does so, each party must submit a final offer to the mediator. ORS 243.712(2)(b). The final offer must contain the party’s proposed contract language and a cost summary. ORS 243.650(11). Binding arbitration is the last step in the process for public employees who are prohibited from striking. ORS 243.742. The procedures for arbitration in this context are not the normal arbitration procedures. Pursuant to ORS 243.746(3), each party must submit a last best offer package on all unresolved mandatory subjects of bargaining. Not more than 30 days after the conclusion of the arbitration hearing, the arbitrator selects one of the last best offer packages and the terms of the last best offer package selected are [653]*653final and binding on the parties.

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Cite This Page — Counsel Stack

Bluebook (online)
164 P.3d 291, 213 Or. App. 648, 2007 Ore. App. LEXIS 953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/assn-of-oregon-corrections-employees-v-state-orctapp-2007.