Oregon Statutes 261.345 – Employment of labor; pay and conditions; agreements; rights of previous employees of private utility
(1) All labor employed by a district, directly or indirectly, shall be employed under and in pursuance of the provisions of ORS § 279B.235, 279C.540, 279C.545, 653.268 and 653.269.
Terms Used In Oregon Statutes 261.345
- Affected territory: means that territory proposed to be formed into, annexed to or consolidated with a district. See Oregon Statutes 261.010
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- board: means the governing body of a people's utility district, elected and functioning under the provisions of this chapter. See Oregon Statutes 261.010
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- district: means an incorporated people's utility district, created under the provisions of this chapter. See Oregon Statutes 261.010
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Utility: means a plant, works or other property used for development, generation, storage, distribution or transmission of electricity, or development or transmission of water for domestic or municipal purposes, but transmission of water shall not include water for irrigation or reclamation purposes, except as secondary to and when used in conjunction with a hydroelectric plant. See Oregon Statutes 261.010
(2) The minimum scale of wages to be paid by a people’s utility district or by any contractor or subcontractor for such district shall be not less than the prevailing wage for the character of work in the same trade in the largest city having a population of 5,000 or more in the district, or if there is none, the nearest to the district.
(3) The board of directors of any utility district may negotiate, sign and maintain collective bargaining agreements concerning employment, rates of pay and working conditions with the representatives of its employees. Notice in writing of any intended change in rates of pay, or working conditions, or both, shall be given in accordance with the provisions of the agreements. The provisions of ORS § 243.650 to 243.809 shall govern the negotiation of a collective bargaining agreement and any changes to an existing agreement. The mutual rights and obligations of the board and the employees or their representatives shall be those provided under ORS § 243.650 to 243.809.
(4) Whenever any district acquires any utility which at the time of acquisition is in private ownership:
(a) The district shall, within financial and organizational limitations, offer employment to all employees of the private utility whose work primarily served the affected territory.
(b) Where the employees of the private utility are, at the time of acquisition, covered by any collective bargaining contract, plan for individual annuity contracts, retirement income policies, group annuity contract or group insurance for the benefit of employees, the district shall maintain any benefits or privileges that employees of the acquired utility would receive or be entitled to had the acquisition not occurred by:
(A) Assuming for one year all of the rights, obligations and liabilities of the acquired private utility in regard to that collective bargaining contract or plan for the employees covered thereby at the time of acquisition; or
(B) Substituting a similar plan or contract under an agreement with a majority of the affected employees.
(c) The district may pay all or part of the premiums or other payments required under paragraph (b) of this subsection out of the revenue derived from the operation of its properties.
(d) The district shall recognize the collective bargaining agent of the employees if the district retains a majority of the employees of the private utility working in the affected territory. [Amended by 1979 c.558 § 23; 1985 c.474 § 2; 2003 c.794 § 223]