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Oregon ERB Guide

Understanding the Employment Relations Board process under Oregon public sector labor law.

Last updated:

Status: Draft for internal review

Purpose: Member-facing guide, not legal advice

Verification note: Numeric limits and contacts can change; confirm on official links before acting.

What ERB Does

The Oregon Employment Relations Board (ERB) handles public-sector labor matters under PECBA, including unfair labor practice (ULP) complaints, representation disputes, and bargaining-unit matters. ERB is a state agency, not your union representative.

Key Limits and Filing Rules

  • ULP filing deadline: complaints must be filed within 180 days of the alleged violation (ORS 243.672(6)).
  • Filing fee: ERB charges a $300 fee for a complaint and a $300 fee for an answer (OAR 115-080-0050).
  • Hearing timeline: when ERB finds an issue of fact/law, a hearing is generally set within 20 days after service of the complaint (ORS 243.676(1)(c)).

Important: If you wait too long, ERB may dismiss a valid claim as untimely. Contact your steward immediately when a possible ULP occurs.

When ERB May Apply

  • Retaliation tied to protected union activity.
  • Interference with organizing or bargaining rights.
  • Bad-faith bargaining allegations.
  • Representation/election disputes involving bargaining units.

Before Filing: Member Checklist

  1. Contact your steward first.
  2. Build a timeline with exact dates.
  3. Save emails, directives, meeting notes, and witness information.
  4. Identify the remedy you are requesting (e.g., cease-and-desist, make-whole relief).
  5. Coordinate ERB strategy and grievance strategy together.

Frequently Asked Questions

Can I file both a grievance and an ERB complaint? +

Sometimes yes. They are different processes with different standards and deadlines. Coordinate through your union so one track does not harm the other.

What if I am not sure the conduct is a ULP? +

Document facts and dates anyway, then contact your steward quickly. The 180-day clock keeps running while you decide.

Can ERB award back pay or other remedies? +

ERB can order statutory remedies when it finds violations, depending on case facts and legal authority.

Official Oregon ERB Links

Related Guides

Think your labor rights were violated?

Talk to your steward before filing so timelines and evidence are handled correctly.

Contact Steward Team