Testimony November 24, 2020

  1. Did ATU757 breach its duty of fare representation to KA in violation ORS243.672(2a) by removing KA from his EBO Position.
  2. Did ATU require dues deduction authorization as a condition of membership there by failing or refusing to comply with ORS243.806(4b) in violation of ORS243.672(2c).
  3. By granting A’s email request to revoke his dues deduction authorization did ATU fail or refuse to comply with ORS243.806(6) in violation of ORS243.672(2c).
  4. Should ATU be required to pay a civil penalty pursuant to ORS243.676(4) and OAR115.035.0075

Can it be stipulated that ATU757 is a labor organization within the meaning of ORS243.650.13?

Can it be stipulated that TRIMET is a public employer within the meaning of ORS243.650.20?

ORS 84.004(2) - “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract or fulfilling an obligation required by the transaction.

ORS 84.004(6) - “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

ORS 84.004(7) - “Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means

ORS 84.004(8) - “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

ORS 84.004(13) - “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

ORS 84.028 – References automated transactions so this one is on HOLD and not to be used.

ORS 84.019(1) - A record or signature may not be denied legal effect or enforceability solely because it is in electronic form

ORS 84.019(4) - If a law requires a signature, an electronic signature satisfies the law. [2001 c.535 §7]

ORS 84.058 - If any provision of ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions of ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) that can be given effect without the invalid provision or application, and to this end the provisions of ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) are severable. [2001 c.535 §20]

ORS 243.650(13) - “Labor organization” means any organization that has as one of its purposes representing employees in their employment relations with public employers.”

ORS 243.650(20) - “Public employer” means the State of Oregon, and the following political subdivisions: Cities, counties, community colleges, school districts, special districts, mass transit districts, metropolitan service districts, public service corporations or municipal corporations and public and quasi-public corporations.”

ORS 243.672(2)(c) - Refuse or fail to comply with any provision of ORS 243.650 (Definitions for ORS 243.650 to 243.806) to 243.806 (Agreement authorizing public employer to make deductions from salary or wages of public employee).

ORS 243.806(4)(b) - A public employee’s authorization is independent of the employee’s membership status in the labor organization to which payment is remitted and irrespective of whether a collective bargaining agreement authorizes the deduction.

ORS 243.806(6) - A public employee’s authorization for a public employer to make a deduction under subsections (1) to (4) of this section shall remain in effect until the public employee revokes the authorization in the manner provided by the terms of the agreement. If the terms of the agreement do not specify the manner in which a public employee may revoke the authorized deduction, a public employee may revoke authorization for the deduction by delivering an original signed, written statement of revocation to the headquarters of the labor organization.

ORS 254.672(a) Not able to locate…..

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