1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 HB3652
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
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 minimis
effect on public employee wages, hours, and other terms and conditions of employment.
(e) For school district bargaining:
(A) “Employment relations” includes class size and caseload limits [in schools that qualify for
assistance under Title I of the federal Elementary and Secondary Education Act of 1965].
(B) “Employment relations” excludes the school or educational calendar, standards of perform-
ance or criteria for evaluation of teachers, the school curriculum, reasonable dress, grooming and
at-work personal conduct requirements respecting smoking, gum chewing and similar matters of
personal conduct, the standards and procedures for student discipline, the time between student
classes, the selection, agendas and decisions of 21st Century Schools Councils established under ORS
329.704, requirements for expressing milk under ORS 653.077, and any other subject proposed that
is permissive under paragraphs (b), (c) and (d) of this subsection.
(f) For employee bargaining involving employees covered by ORS 243.736 and employees of the
Department of Corrections who have direct contact with adults in custody, “employment relations”
includes safety issues that have an impact on the on-the-job safety of the employees or staffing levels
that have a significant impact on the on-the-job safety of the employees.
(g) For all other employee bargaining except school district bargaining and except as provided
in paragraph (f) of this subsection, “employment relations” excludes staffing levels and safety issues
(except those staffing levels and safety issues that have a direct and substantial effect on the on-
the-job safety of public employees), scheduling of services provided to the public, determination of
the minimum qualifications necessary for any position, criteria for evaluation or performance ap-
praisal, assignment of duties, workload when the effect on duties is insubstantial, reasonable dress,
grooming, and at-work personal conduct requirements respecting smoking, gum chewing, and similar
matters of personal conduct at work, and any other subject proposed that is permissive under par-
agraphs (b), (c) and (d) of this subsection.
(8) “Exclusive representative” means the labor organization that, as a result of certification by
the board or recognition by the employer, has the right to be the collective bargaining agent of all
employees in an appropriate bargaining unit.
(9) “Fact-finding” means identification of the major issues in a particular labor dispute by one
or more impartial individuals who review the positions of the parties, resolve factual differences and
make recommendations for settlement of the dispute.
[2] HB3652
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(10) “Fair-share agreement” means an agreement between the public employer and the recog-
nized or certified bargaining representative of public employees whereby employees who are not
members of the employee organization are required to make an in-lieu-of-dues payment to an em-
ployee organization except as provided in ORS 243.666. Upon the filing with the board of a petition
by 30 percent or more of the employees in an appropriate bargaining unit covered by such union
security agreement declaring they desire that the agreement be rescinded, the board shall take a
secret ballot of the employees in the unit and certify the results thereof to the recognized or certi-
fied bargaining representative and to the public employer. Unless a majority of the votes cast in an
election favor the union security agreement, the board shall certify deauthorization of the agree-
ment. A petition for deauthorization of a union security agreement must be filed not more than 90
calendar days after the collective bargaining agreement is executed. Only one such election may be
conducted in any appropriate bargaining unit during the term of a collective bargaining agreement
between a public employer and the recognized or certified bargaining representative.
(11) “Final offer” means the proposed contract language and cost summary submitted to the
mediator within seven days of the declaration of impasse.
(12) “Labor dispute” means any controversy concerning employment relations or concerning the
association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to
arrange terms or conditions of employment relations, regardless of whether the disputants stand in
the proximate relation of employer and employee.
(13) “Labor organization” means any organization that has as one of its purposes representing
employees in their employment relations with public employers.
(14) “Last best offer package” means the offer exchanged by parties not less than 14 days prior
to the date scheduled for an interest arbitration hearing.
(15) “Legislative body” means the Legislative Assembly, the city council, the county commission
and any other board or commission empowered to levy taxes.
(16) “Managerial employee” means an employee of the State of Oregon or a public university
listed in ORS 352.002 who possesses authority to formulate and carry out management decisions or
who represents management’s interest by taking or effectively recommending discretionary actions
that control or implement employer policy, and who has discretion in the performance of these
management responsibilities beyond the routine discharge of duties. A “managerial employee” need
not act in a supervisory capacity in relation to other employees.Notwithstanding this subsection,
“managerial employee” does not include faculty members at a community college, college or uni-
versity.
(17) “Mediation” means assistance by an impartial third party in reconciling a labor dispute
between the public employer and the exclusive representative regarding employment relations.
(18) “Payment-in-lieu-of-dues” means an assessment to defray the cost for services by the exclu-
sive representative in negotiations and contract administration of all persons in an appropriate
bargaining unit who are not members of the organization serving as exclusive representative of the
employees.The payment must be equivalent to regular union dues and assessments, if any, or must
be an amount agreed upon by the public employer and the exclusive representative of the employees.
(19) “Public employee” means an employee of a public employer but does not include elected
officials, persons appointed to serve on boards or commissions, incarcerated persons working under
Article I, section 41, of the Oregon Constitution, or persons who are confidential employees, super-
visory employees or managerial employees.
(20) “Public employer” means the State of Oregon, and the following political subdivisions:
[3] HB3652
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Cities, counties, community colleges, school districts, special districts, mass transit districts, metro-
politan service districts, public service corporations or municipal corporations and public and
quasi-publiccorporations.
(21) “Public employer representative” includes any individual or individuals specifically desig-
nated by the public employer to act in its interests in all matters dealing with employee represen-
tation, collective bargaining and related issues.
(22) “Strike” means a public employee’s refusal in concerted action with others to report for
duty, or his or her willful absence from his or her position, or his or her stoppage of work, or his
or her absence in whole or in part from the full, faithful or proper performance of his or her duties
of employment, for the purpose of inducing, influencing or coercing a change in the conditions,
compensation, rights, privileges or obligations of public employment; however, nothing shall limit
or impair the right of any public employee to lawfully express or communicate a complaint or
opinion on any matter related to the conditions of employment.
(23)(a) “Supervisory employee” means any individual having authority in the interest of the
employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline
other employees, or responsibly to direct them, or to adjust their grievances, or effectively to re-
commend such action, if in connection therewith, the exercise of the authority is not of a merely
routine or clerical nature but requires the use of independent judgment. Failure to assert supervi-
sory status in any Employment Relations Board proceeding or in negotiations for any collective
bargaining agreement does not thereafter prevent assertion of supervisory status in any subsequent
board proceeding or contract negotiation.
(b) “Supervisory employee” includes:
(A) A faculty member of a public university listed in ORS 352.002 or the Oregon Health and
Science University who:
(i) Is employed as a president, vice president, provost, vice provost, dean, associate dean, as-
sistant dean, head or equivalent position; or
(ii) Is employed in an administrative position without a reasonable expectation of teaching, re-
search or other scholarly accomplishments.
(B) A guard at a correctional institution or mental hospital or a police officer who serves in the
rank of lieutenant or higher except for those lieutenant guards or police officers who were included
in an appropriate bargaining unit for purposes of collective bargaining on or before April 4, 2024.
(C) An employee of the Criminal Justice Division of the Department of Justice who manages
police officers of the division.
(c) “Supervisory employee” does not include:
(A) A nurse, charge nurse or nurse holding a similar position if that position has not tradi-
tionally been classified as supervisory;
(B) A firefighter or an emergency communications worker prohibited from striking by ORS
243.736 who assigns, transfers or directs the work of other employees but does not have the au-
thority to hire, discharge or impose economic discipline on those employees;
(C) A guard at a correctional institution or mental hospital or a police officer who:
(i) Serves in a rank equivalent to or below the rank of sergeant;
(ii) Is prohibited from striking by ORS 243.736; and
(iii) Assigns, transfers or directs the work of other employees but does not have the authority
to hire, discharge or impose economic discipline on those employees;
(D) A faculty member of a public university listed in ORS 352.002 or the Oregon Health and
[4] HB3652
1
2
3
4
5
6
7
8
9
10
11
12
13
Science University who is not a faculty member described in paragraph (b) of this subsection; or
(E) An employee of the Oregon State Police who:
(i) Serves in a rank equivalent to or below the rank of sergeant;
(ii) Is prohibited from striking by ORS 243.736; and
(iii) Assigns, transfers or directs the work of other employees but does not hire, discharge or
impose economic discipline on those employees.
(24) “Unfair labor practice” means the commission of an act designated an unfair labor practice
in ORS 243.672.
(25) “Voluntary arbitration” means the procedure whereby parties involved in a labor dispute
mutually agree to submit their differences to a third party for a final and binding decision.
SECTION 2. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
[5]