Oregon Statutes 329A.430 – Rights of family child care providers to join labor organizations; state as employer for collective bargaining purposes
(1) As used in this section:
Terms Used In Oregon Statutes 329A.430
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(a) ‘Certified family child care provider’ means an individual who operates a family child care home that is certified under ORS § 329A.280.
(b) ‘Child care subsidy’ means a payment made by the state on behalf of eligible children for child care services provided for periods of less than 24 hours in a day.
(c) ‘Exempt family child care provider’ means an individual who provides child care services in the home of the individual or in the home of the child, whose services are not required to be certified or registered under ORS § 329A.250 to 329A.450 and who receives a child care subsidy.
(d) ‘Family child care provider’ means an individual who is a certified, registered or exempt family child care provider.
(e) ‘Registered family child care provider’ means an individual who operates a family child care home that is registered under ORS § 329A.330.
(2) For purposes of collective bargaining under ORS § 243.650 to 243.809, the State of Oregon is the public employer of record of family child care providers.
(3) Notwithstanding ORS § 243.650 (19), family child care providers are considered to be public employees governed by ORS § 243.650 to 243.809. Family child care providers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining on matters concerning labor relations. These rights shall be exercised in accordance with the rights granted to public employees, with mediation and interest arbitration under ORS § 243.742 as the method of concluding the collective bargaining process. Family child care providers may not strike.
(4) Notwithstanding subsections (2) and (3) of this section, family child care providers are not for any other purpose employees of the State of Oregon or any other public body.
(5)(a) The Oregon Department of Administrative Services shall represent the State of Oregon in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of family child care providers. The Oregon Department of Administrative Services is authorized to agree to terms and conditions of collective bargaining agreements on behalf of the State of Oregon, including any agreement related to establishing a union benefit trust for the purpose of providing health care or retirement benefits to family child care providers.
(b) The department shall report to the legislative review agency, as defined in ORS § 291.371, on any new or changed provisions relating to compensation in a collective bargaining agreement negotiated under this section.
(6) Notwithstanding ORS § 243.650 (1):
(a) The appropriate bargaining unit for certified and registered family child care providers is a bargaining unit of all certified and registered family child care providers in the state.
(b) The appropriate bargaining unit for exempt family child care providers is a bargaining unit of all exempt family child care providers in the state.
(7) This section does not modify any right of a parent or legal guardian to choose and terminate the services of a family child care provider. [Formerly 657A.430; 2020 s.s.2 c.10 § 7; 2023 c.594 § 12]
(Miscellaneous)