Or. Tech Am. Ass'n of Univ. Professors v. Or. Inst. of Tech.

• Decision Date: 08 July 2021
• Docket Number: Case No. UP-023-20
• Parties: OREGON TECH AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, Complainant, v. OREGON INSTITUTE OF TECHNOLOGY, Respondent.
• Court: Oregon Employee Relations Board

OREGON TECH AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, Complainant, v. OREGON INSTITUTE OF TECHNOLOGY, Respondent.

Case No. UP-023-20

EMPLOYMENT RELATIONS BOARD OF THE STATE OF OREGON

July 8, 2021

(UNFAIR LABOR PRACTICE)

FINDINGS AND ORDER FOR REPRESENTATION COSTS

On October 28, 2020, this Board issued an order holding that Oregon Institute of Technology (Oregon Tech) violated ORS 243.672(1)(e) when it unilaterally changed the 2018-2019 Faculty Workload Guidelines and when it unilaterally eliminated program director stipends and release time under the Academic Release Time and Stipend Model. On December 24, 2020, Oregon Tech filed a petition for judicial review. Thereafter, Oregon Tech moved to dismiss the appeal, and the court granted the motion and dismissed the appeal, with the appellate judgment effective on June 10, 2021. Having received the appellate judgment, this Board now issues its order for representation costs. OAR 115-035-0055(2)(a).

Pursuant to ORS 243.676(2)(d) and OAR 115-035-0055, this Board finds that:

1. The Oregon Tech American Association of University Professors (Association) is the prevailing party. Only a prevailing party in an unfair labor practice proceeding is entitled to representation costs. ORS 243.676(2)(d); OAR 115-035-0055(1)(a). The prevailing party is "the party in whose favor a Board Order is issued." OAR 115-035-0055(1)(d).

2. This case required three days of hearing.

3. We award representation costs according to the schedule set forth in OAR 115-035-0055(1)(b). The representation costs award for a case that required more than one day of hearing is $5,000. OAR 115-035-0055(1)(b)(D).

Page 2

ORDER

Oregon Tech shall remit $5,000 to the Association within 30 days of this Order.

DATED: July 8, 2021.

/s/_________

Adam L. Rhynard, Chair

/s/_________

Lisa M. Umscheid, Member

/s/_________

Jennifer Sung, Member

This Order may be appealed pursuant to ORS 183.482.