Oregon HB 3652: Relating to mandatory subjects of collective bargaining for school districts; prescribing an effective date.

Bill Text

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3652
Sponsored by Representative MUNOZ, Senator PATTERSON, Representatives FRAGALA, MCLAIN, NERON,
NGUYEN H, Senators CAMPOS, JAMA; Representatives CHOTZEN, HUDSON, NELSON, Senators GORSEK,
PHAM K
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act would make changes to laws with respect to school district collective bargain-
ing. (Flesch Readability Score: 65.7).
Expands the requirement to discuss class size and caseload as mandatory subjects of bargaining
for purposes of school district collective bargaining.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to mandatory subjects of collective bargaining for school districts; amending ORS 243.650;
and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 243.650, as amended by section 1, chapter 84, Oregon Laws 2024, is amended
to read:
243.650. As used in ORS 243.650 to 243.809, unless the context requires otherwise:
(1) “Appropriate bargaining unit” means the unit designated by the Employment Relations Board
or voluntarily recognized by the public employer to be appropriate for collective bargaining. How-
ever, an appropriate bargaining unit may not include both academically licensed and unlicensed or
nonacademically licensed school employees. Academically licensed units may include but are not
limited to teachers, nurses, counselors, therapists, psychologists, child development specialists and
similar positions. This limitation does not apply to any bargaining unit certified or recognized prior
to June 6, 1995, or to any school district with fewer than 50 employees.
(2) “Board” means the Employment Relations Board.
(3) “Certification” means official recognition by the board that a labor organization is the ex-
clusive representative for all of the employees in the appropriate bargaining unit.
(4) “Collective bargaining” means the performance of the mutual obligation of a public employer
and the representative of its employees to meet at reasonable times and confer in good faith with
respect to employment relations for the purpose of negotiations concerning mandatory subjects of
bargaining, to meet and confer in good faith in accordance with law with respect to any dispute
concerning the interpretation or application of a collective bargaining agreement, and to execute
written contracts incorporating agreements that have been reached on behalf of the public employer
and the employees in the bargaining unit covered by such negotiations. The obligation to meet and
negotiate does not compel either party to agree to a proposal or require the making of a concession.
This subsection may not be construed to prohibit a public employer and a certified or recognized
representative of its employees from discussing or executing written agreements regarding matters
other than mandatory subjects of bargaining that are not prohibited by law as long as there is mu-
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4271

HB 3652
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tual agreement of the parties to discuss these matters, which are permissive subjects of bargaining.
(5) “Compulsory arbitration” means the procedure whereby parties involved in a labor dispute
are required by law to submit their differences to a third party for a final and binding decision.
(6) “Confidential employee” means one who assists and acts in a confidential capacity to a per-
son who formulates, determines and effectuates management policies in the area of collective bar-
gaining.
(7)(a) “Employment relations” includes, but is not limited to, matters concerning direct or indi-
rect monetary benefits, hours, vacations, sick leave, labor organization access to and communication
with represented employees, grievance procedures and other conditions of employment.
(b) “Employment relations” does not include subjects determined to be permissive, nonmanda-
tory subjects of bargaining by the Employment Relations Board prior to June 6, 1995.
(c) After June 6, 1995, “employment relations” does not include subjects that the Employment
Relations Board determines to have a greater impact on management’s prerogative than on employee
wages, hours, or other terms and conditions of employment.
(d) “Employment relations” does not include subjects that have an insubstantial or de minim