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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
A-Engrossed
House Bill 2944
Ordered by the House April 14
Including House Amendments dated April 14
Sponsored by Representative NELSON, Senators GORSEK, MANNING JR; Representatives FRAGALA, MUNOZ
(Presessionfiled.)
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. The statement includes a measure digest written in compliance with applicable readability standards.
Digest: The Act makes changes to the PECBA. The Act creates penalties for violating certain
provisions of the PECBA. (Flesch Readability Score: 61.4).
[Permits a labor organization to file a civil action against a public employer for failing to timely
provide the labor organization with certain information regarding public employees.]
Directs the Employment Relations Board to impose civil penalties against a public employer that
has a history of failing [fails] to comply with certain requirements under the public employee col-
lective bargaining act.
Permits the board to consider extenuating circumstances when determining the amount
of the civil penalty to impose.
A BILL FOR AN ACT
Relating to penalties for failure to comply with certain requirements under the laws governing
public employee collective bargaining; amending ORS 243.676 and 243.806.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 243.676 is amended to read:
243.676. (1) Whenever a written complaint is filed alleging that any person has engaged in or is
engaging in any unfair labor practice listed in ORS 243.672 (1) to (4) and 243.752, the Employment
Relations Board or its agent shall:
(a) Cause to be served upon such person a copy of the complaint;
(b) Investigate the complaint to determine if a hearing on the unfair labor practice charge is
warranted. If the investigation reveals that no issue of fact or law exists, the board may dismiss the
complaint; and
(c) Set the matter for hearing if the board finds in its investigation made pursuant to paragraph
(b) of this subsection that an issue of fact or law exists. The hearing shall be before the board or
an agent of the board not more than 20 days after a copy of the complaint has been served on the
person.
(2) Where, as a result of the hearing required pursuant to subsection (1)(c) of this section, the
board finds that any person named in the complaint has engaged in or is engaging in any unfair
labor practice charged in the complaint, the board shall:
(a) State its findings of fact;
(b) Issue and cause to be served on such person an order that the person cease and desist from
the unfair labor practice;
(c) Take such affirmative action, including but not limited to the reinstatement of employees
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 3115 A-Eng. HB 2944
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with or without back pay, as necessary to effectuate the purposes of ORS 240.060, 240.065, 240.080,
240.123, 243.650 to 243.809 and 341.290;
(d) Designate the amount and award representation costs, if any, to the prevailing party; and
(e) Designate the amount and award attorney fees, if any, to the prevailing party on appeal, in-
cluding proceedings for Supreme Court review, of a board order.
(3) Where the board finds that the person named in the complaint has not engaged in or is not
engaging in an unfair labor practice, the board shall:
(a) Issue an order dismissing the complaint; and
(b) Designate the amount and award representation costs, if any, to the prevailing party.
(4)(a) The board may award a civil penalty to any person as a result of an unfair labor practice
complaint hearing, in the aggregate amount of up to $1,000 per case, without regard to attorney fees,
if:
(A) The complaint has been affirmed pursuant to subsection (2) of this section and the board
finds that the person who has committed, or who is engaging, in an unfair labor practice has done
so repetitively, knowing that the action taken was an unfair labor practice and took the action
disregarding this knowledge, or that the action constituting the unfair labor practice was egregious;
or
(B) The complaint has been dismissed pursuant to subsection (3) of this section, and that the
complaint was frivolously filed, or filed with the intent to harass the other person, or both.
(b) Notwithstanding paragraph (a) of this subsection, if the board finds that a public employer
named in the complaint violated ORS 243.670 (2), the board shall impose a civil penalty equal to
triple the amount of funds the public employer expended to assist, promote or deter union organiz-
ing.
(c)(A) Notwithstanding paragraph (a) of this subsection, if the board finds that the public
employer named in the complaint has violated ORS 243.804 (4) or 243.806 (7) and that the
employer has previously violated either provision, the board shall impose a civil penalty of
not less than $1,000 nor more than $5,000. For any subsequent violation, the board shall im-
pose a civil penalty of not less than $5,000 nor more than $10,000.
(B) In determining the amount of the civil penalty to impose under this paragraph, the
board shall consider extenuating circumstances that the employer has proven contributed
to or caused the violation. An extenuating circumstance is not an affirmative defense to a
violation described in subparagraph (A) of this paragraph.
(5) As used in subsections (1) to (4) of this section, “person” includes but is not limited to indi-
viduals, labor organizations, associations and public employers.
SECTION 2. ORS 243.806 is amended to read:
243.806. (1) A public employee may enter into an agreement with a labor organization that is the
exclusive representative to provide authorization for a public employer to make a deduction from
the salary or wages of the public employee, in the manner described in subsection (4) of this section,
to pay dues, fees and any other assessments or authorized deductions to the labor organization or
its affiliated organizations or entities.
(2) A public employer shall deduct the dues, fees and any other deduction authorized by a public
employee under this section and remit payment to the designated organization or entity.
(3)(a) In addition to making the deductions and payments to a labor organization or entity de-
scribed in subsection (1) of this section, a public employer shall make deductions for and payments
to a noncertified, yet bona fide, labor organization, if so requested and authorized by a public em-
[2] A-Eng. HB 2944
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ployee, in the manner described in subsection (4) of this section.
(b) The deductions and payments made in accordance with this subsection shall not be deemed
an unfair labor practice under ORS 243.672.
(4)(a) A public employee may provide authorization for the deductions described in this section
by telephonic communication or in writing, including by an electronic record or electronic signature,
as those terms are defined in ORS 84.004.
(b) A public employee’s authorization is independent of the employee’s membership status in the
labor organization to which payment is remitted and irrespective of whether a collective bargaining
agreement authorizes the deduction.
(5) Notwithstanding subsections (1) to (4) of this section, a collective bargaining agreement be-
tween a labor organization and a public employer may authorize a public employer to make a de-
duction from the salary or wages of a public employee who is a member of the labor organization
to pay dues, fees or other assessments to the labor organization or its affiliated organizations or
entities.
(6) A public employee’s authorization for a public employer to make a deduction under sub-
sections (1) to (4) of this section shall remain in effect until the public employee revokes the au-
thorization in the manner provided by the terms of the agreement. If the terms of the agreement do
not specify the manner in which a public employee may revoke the authorized deduction, a public
employee may revoke authorization for the deduction by delivering an original signed, written
statement of revocation to the headquarters of the labor organization.
(7) A labor organization shall provide to each public employer a list identifying the public em-
ployees who have provided authorization for a public employer to make deductions from the public
employee’s salary or wages to pay dues, fees and any other assessments or authorized deductions
to the labor organization. A public employer shall rely on the list to make the authorized deductions
and to remit payment to the labor organization[.] within a time period that aligns with a payroll
processing schedule established by the employer not to exceed 30 calendar days following the
date of the deduction.
(8)(a) Notwithstanding subsection (10) of this section, a public employer that makes deductions
and payments in reliance on the list described in subsection (7) of this section is not liable to a
public employee for actual damages resulting from an unauthorized deduction.
(b) A labor organization that receives payment from a public employer shall defend and indem-
nify the public employer for the amount of any unauthorized deduction resulting from the public
employer’s reliance on the list.
(9) If a labor organization provides a public employer with the list described in subsection (7)
of this section and the employer fails to make an authorized deduction and remit payment to the
labor organization, the public employer is liable to the labor organization, without recourse against
the employee who authorized the deduction, for the full amount that the employer failed to deduct
and remit to the labor organization.
(10)(a) If a dispute arises between the public employee and the labor organization regarding the
existence, validity or revocation of an authorization for the deductions and payment described under
subsections (1) and (2) of this section, the dispute shall be resolved through an unfair labor practice
proceeding under ORS 243.672.
(b) A public employer that makes unauthorized deductions or a labor organization that receives
payment in violation of the requirements of this section is liable to the public employee for actual
damages in an amount not to exceed the amount of the unauthorized deductions.
[3] A-Eng. HB 2944
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