240.086 Duties of board; rules
305 words·~1 min read·
/or/ors-chapter-240/state-personnel-relations/240-086·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
240.086 Duties of board; rules. The duties of the Employment Relations Board shall be to:
(1)Review any personnel action affecting an employee, who is not in a certified or recognized appropriate collective bargaining unit, that is alleged to be arbitrary or contrary to law or rule, or taken for political reason, and set aside such action if it finds these allegations to be correct.
(2)Review and enforce arbitration awards involving employees in certified or recognized appropriate collective bargaining units. The awards shall be enforced unless the party against whom the award is made files written exceptions thereto for any of the following causes:
(a)The award was procured by corruption, fraud or undue means.
(b)There was evident partiality or corruption on the part of the arbitrator.
(c)The arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party were prejudiced.
(d)The arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.
(e)There was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award.
(f)The arbitrators awarded upon a matter not submitted to them, unless it was a matter not affecting the merits of the decision upon the matters submitted.
(g)The award is in violation of law.
(3)Adopt such rules or hold such hearings as it finds necessary to perform the duties, functions and powers imposed on or vested in it by law. [1969 c.80 §35a (enacted in lieu of 240.085); 1971 c.575 §5; 1975 c.605 §14; 1979 c.468 §5]