Or. Admin. R. 115-010-0010 - Definition of Terms
As used in these rules, unless the context requires otherwise:
(1) "Appeal" means any
request for review of a personnel action under ORS ch 240.
(2) "Appellant" means a person who requests
review of a personnel action under ORS ch 240.
(3) "Appointing Authority" is defined in ORS
240.015.
(4) "Board" means the Employment Relations
Board.
(5) "Board Agent" means any
employee designated by the Board to act on its behalf.
(6) "Business day" means Monday through
Friday, but does not include any holiday as defined by ORS
187.010
and ORS
189.020, or any day that
the Board is closed.
(7) "Class" or
"Classification" is defined in ORS
240.015(4).
(8) "Complainant" means a party who has filed
an unfair labor practice complaint or a complaint alleging a violation of ORS
240.309.
(9) "Conciliator" means the head of the State
Conciliation Service.
(10) "Date of
Filing" means the date received by the Board. A document received after 5 p.m.
is considered to be filed on the following business day.
(11) "Date of Service" means the date sent to
another party or the date of personal service.
(12) "Day" means calendar day unless
otherwise specified.
(13)
"Demotion," for purposes of action brought under ORS ch 240, means the
voluntary or involuntary movement of an employee from a position in one
classification to a position in another classification having a lower salary
range number.
(14) "Management
Service" is defined in ORS
240.212.
(15) "Party" is any person, labor
organization or employer filing a petition, complaint, charge or State
Personnel Relations Law appeal with the Board; any person, labor organization
or employer named as a party in a petition, complaint, charge or State
Personnel Relations System appeal, or any other person, labor organization or
employer whose timely motion to intervene has been granted. Where applicable,
"party" also is a person, labor organization or employer under Division 40 of
these rules.
(16) "Personnel
Action," for purposes of appeals brought under ORS ch 240, means any action
taken with reference to an applicant, employee or position.
(17) "Petitioner" means a party who files a
petition with the Board.
(18)
"Recommended Order" means the Order of an Administrative Law Judge or Board
Agent consisting of proposed rulings on motions and evidentiary matters,
findings of fact, conclusions of law, and a recommended order.
(19) "Regular Employee" means an employee who
has been appointed to a position in the state service in accordance with state
law after successfully completing a trial service period or who has been
otherwise granted regular status through specific provisions of law.
(20) "Respondent" means a party who is
required to respond to a complaint, petition, charge, or appeal.
(21) "Showing of interest" means the evidence
of support that a petitioner must show in a proposed bargaining unit before its
petition will be acted on. The showing may be made by original authorization
cards or petitions, both of which must include a statement of a desire by
affected employees to be represented by the petitioner for purposes of
collective bargaining and that must be signed and dated by employees in the
proposed unit during the 180 days preceding the filing of the petition; by dues
records or payroll deduction records showing the employees to be current
members of a petitioning organization; or, by an existing or the most recently
expired bargaining agreement applicable to the bargaining unit, to which the
petitioning organization was a party. A showing of interest in support of
objections to a petition for certification without an election shall comply
with OAR 115-025-0075.
Notes
Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 240 & 243
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