When a public agency and a certified
employee organization fail to agree to a collective bargaining agreement
after 150 days of bargaining, the Public Employee Collective Bargaining
Act (PECBA), per ORS 243.712, allows either party to submit a list of
unresolved issues to the State Conciliator. The State Conciliator
assigns a mediator to assist the parties in the bargaining process.
State mediators are experienced labor relations professionals who help the parties work on resolving their
differences. Mediation provides both parties opportunities to
informally and creatively explore settlement options. Although
mediators cannot impose a settlement, their ability to articulate mutual
interests and needs often facilitates a settlement. Information that is
provided to mediators is confidential.
If no agreement is
reached in mediation, the PECBA provides for contract resolution through
binding interest arbitration for strike-prohibited bargaining units
(e.g. police, fire, 9-1-1, correctional facility employees, parole and
probation, transit or bus system employees, and deputy district
attorneys). All other public organizations and unions ("strike
permitted" bargaining units) have the option of jointly agreeing to
factfinding or proceeding with a declaration of impasse, final offer -
cost summary process. If, after this process, parties do not reach
agreement, the public agency may implement its final offer and the labor
organization may strike.
The State Conciliation Service continues to
assist the parties in reaching a final agreement at all times prior to
interest arbitration, impasse, implementation, or strike. Over ninety
percent (90%) of PECBA contract negotiation cases referred to mediation
are settled prior to interest arbitration or strike. Less than 1% of
these cases result in strike. Where a strike does occur, ERB continues
mediations until a resolution is achieved.
To request mediation regarding collective bargaining matters please use this form.