LESC Arbitration Resources

Changes to "just cause" standards and arbitration rules

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For unionized law enforcement officers, disciplinary actions may be subject to grievance and arbitration procedures under Collective Bargaining Agreements (CBAs).

Anyone involved with arbitrations for law enforcement officers should be aware that when the Oregon Legislature created the LESC, it also made changes that affect arbitration.

  • The legislature revised “just cause” disciplinary standards and arbitration rules at ORS 243.706(3) and ORS 243.808-.812, under the Public Employee Collective Bargaining Act (PECBA), effective for unionized officers when their CBAs are entered into or renewed on or after July 1, 2021.
  • Procedurally, the process has changed for selecting an arbitrator for disciplinary cases, governed by ORS 243.808(2).  The employer and union request an arbitrator through the Oregon Employment Relations Board  process described here.
  • Substantively, the arbitrator is bound by ORS 243.706 and ORS 243.808-.812. The arbitrator must consider whether, for a disciplinary action imposed, the disciplining body proved by a preponderance of the evidence that the officer engaged in the alleged misconduct and that disciplinary action taken against the officer was with just cause under ORS 243.808(1)(a).
  • The arbitrator will also consider the reasonableness of a disciplinary action, including specific requirements related to arbitrary/capricious discipline and termination cases under ORS 243.808(1)(b) and (c).
  • An arbitrator must uphold the disciplinary action of the disciplining body unless the arbitrator finds that the disciplinary action is arbitrary and capricious under ORS 243.808(1) or is not in accordance with the LESC rules under ORS 243.706(3).
  • In termination cases, an arbitrator may not set aside or reduce the termination if doing so is inconsistent with the public interest in maintaining community trust, enforcing a higher standard of conduct for law enforcement officers, and ensuring an accountable, fair and just disciplinary process.

See the engrossed version of HB 2930 (2021) to see the changes to statute.

For full details on current requirements for arbitrators, see OAR 265-005-0001 through265-005-0030, the Guide to the LESC Rules section on arbitration (from page 4) and review ORS 243 cited above.

For additional questions regarding arbitration requirements, contact the LESC.