| Arbitrator, Factfinder Panel Information |
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| Contract Grievances, Voluntary Factfinding, Interest Arbitration |
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The State Conciliation Service maintains a panel of Factfinders and Arbitrators for referral, upon request, to parties in contract grievance, voluntary factfinding and interest arbitration disputes. Members are appointed to and retained on the panel under the criteria established in OAR 115-40-030. The Conciliation Service provides lists of panel members to parties without charge.
Parties may obtain a list of arbitrators by sending a written request to the State Conciliator. OAR 115-40-032. The names for the list will be drawn randomly from the panel. In requesting a list for a grievance arbitration, parties should identify any specific contract requirements related to the list to be issued, including the number of arbitrators to be included on the list.
Parties may jointly request an arbitrator list restricted to: arbitrators listed on the American Arbitration Association Labor Panel; arbitrators whose resumes show they are engaged exclusively or primarily in the practice of arbitration or mediation; arbitrators who reside in Oregon; or arbitrators who reside in Oregon or Washington. In an interest arbitration, parties may jointly request a list restricted to arbitrators who have issued at least two factfinding decisions or interest arbitration awards under Oregon law.
Teacher Layoff/Recall Arbitration
Pursuant to ORS 342.934(7), the Employment Relations Board has adopted rules that govern arbitration procedures for the reduction or recall of teacher staff due to funding or administrative decision. OAR 115-85-000 to 115-85-010. These arbitration procedures are applicable when an alternate procedure has not been agreed upon by the labor organization representatives and the employer.
Dismissal or Non-Extension of Contract Teachers
Pursuant to ORS 342.905(10), the district board and the teacher’s representative may agree to use arbitration instead of a Fair Dismissal Appeals Board panel for the appeal of the dismissal or non-extension of a contract teacher. In such cases, if the collective bargaining agreement does not contain a procedure for selection of the arbitrator, the parties shall request a list of arbitrators from the Employment Relations Board.
Arbitrator and Factfinder Panel Request Form
Arbitrator and Factfinder Panel Request Form
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| Arbitrator Qualifications |
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The specific qualifications and process for applying to the ERB Arbitrator/Factfinder Panel are set out in OAR 115-40-0030. The qualifications include:
Neutrality
The applicant must be neutral. An applicant cannot be actively engaged as an advocate in labor relations or so closely identified with either labor or management that, in the opinion of the Conciliator and Chair, he/she would not be accepted as a neutral.
Experience
The applicant must:
1. Be capable of conducting an orderly hearing, analyzing testimony and exhibits and preparing clear and concise findings and awards within reasonable time limits;
2. Be acceptable to the parties, based on references; and
3. Have experience:
a) In a decision-making role in collective bargaining or labor relations disputes; or
b) As a principle spokesperson representing either labor or management in the factfinding/arbitration process or in the collective bargaining process, sufficient to ensure a thorough understanding thereof; or
c) In a relevant academic role at the college or university level.
Education
Applicant should have a degree in industrial relations, law or some other discipline which, in the opinion of the Conciliator and Chair, would qualify the applicant to act as a factfinder and arbitrator.
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| Interest Arbitration Awards |
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Interest Arbitration Awards
Interest Arbitration decisions issued by the ERB Arbitrator Panel are available online by clicking the abve link and in hard copy at the ERB office.
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| Grievance Arbitration Awards |
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Grievance Arbitration Awards (2006-present) are available online at Casemaker on the Oregon State Bar website. Grievance Arbitration decisions issued by the ERB Arbitrator Panel are also available in paper format at the ERB office.
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| Contact Us |
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Conciliation Services
Employment Relations Board
528 Cottage St NE, Suite 400
Salem, OR 97301-3807
Sandra Elliott, Administrative Assistant
Phone: (503) 378-6471
Email: Sandra.Elliott@state.or.us
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