PAGE A4, KEIZERTIMES, NOVEMBER 5, 2021
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By JOEY CAPPELLETTI
For the Keizertimes
The State of Oregon’s Employment
Relations Board ruled on Oct. 29 that
Marion County committed an unfair
labor practice earlier this year when it
forced county employees to return to
in-person work and refused to bargain
with the employee’s union over the
change.
The ruling sided with the Marion
County Employees Association, the
union that represents about 1,000 county
employees, and requires that the county
bargain with the employee’s union and
find a solution within 30 days. If both
sides are unable to reach an agreement,
the Employment Relations Board will
decide the final resolution.
“This is a big win for workers in Marion
County who have struggled to have their
concerns heard and addressed, and have
felt everything but protected since the
pandemic began,” wrote SEIU Local 503,
the union that represents 72,000 workers
across Oregon, in a statement on Nov. 1.
The complaint, filed by the union on
Sept. 3, came after the county revoked a
temporary telework policy that had been
in place since April 2020 and required all
county employees to return to in-person
work within six weeks.
“As vaccinations rates continue to
rise, we anticipate the Oregon state of
emergency will conclude in the coming
weeks,” Chief Human Resources Officer
Michelle Shelton wrote to all county
employees on June 10. The county gave
all employees until July 19 to return to
in-person work.
In the Sept. 3 complaint, the union
claimed that the county refused to bar-
gain with them over the forced return to
in-person work, which they said was in
violation of Oregon’s public employee
rights. The complaint said that the coun-
ty’s “sudden return to in-person work
posed a substantial risk to (employee's)
health and safety” and the union wanted
more flexibility for some employees to
work from home.
Under Oregon law, public employers
are required to bargain with employee
representatives “before making a change
in the status quo concerning a subject
Photo courtesy of Marion County
that is mandatory for bargaining.” The
county contended, however, that the
return to in-person was simply a return
to the status quo, not a departure from it,
which wouldn’t require them to bargain
with the union.
In their ruling on Oct. 29, the state
Employment Relations Board agreed
with the union that the county’s decision
to revoke the teleworking policy, which
had been in place for 15 months, was in
fact a change in the status quo.
“Although there is no bright line on
when a temporary emergency-related
change becomes the status quo, 15
months is more than sufficient to estab-
lish that the Temporary Telework Policy
here became the status quo, such that
the County was required to bargain a
change to that policy,” the Employment
Relations Board wrote in their ruling.
Additionally, Oregon law requires
bargaining for safety issues that have
a direct and substantial effect on the
on-the-job safety of public employees,
which the board ruled the county also
violated.
The board’s ruling states that the
county must bargain with the union
and both sides have 30 days to reach an
agreement to remedy the situation. If
they are unable to reach an agreement
within the 30-day bargaining period,
each party shall submit a proposed rem-
edy to the employment board and they
will make a ruling.
The ruling also requires the county to
transmit a notice to all employees that
they committed an unfair labor practice
and that they must now bargain with the
union.
"Employees haven't felt heard or
respected by the county. This gives them
hope that their union is fighting for them
and trying to hold the county account-
able. It’s our job to make sure those rules
are followed," said Trish Shaw, presi-
dent of the Marion County Employees
Association.
Questions or concerns? Contact the
reporter via email: editor@keizertimes.com