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Bill would create escalating fines for public employers who miss PECPA timelines; amendment removes private right of action
Summary
House Bill 2944 would direct the Employment Relations Board to impose civil penalties on public employers that fail to meet certain timelines in the Public Employee Collective Bargaining Act and would direct fines to the Wage Security Fund; a dash-1 amendment removes a private right of action and refines where penalty funds are deposited
House Committee on Labor and Workplace Standards opened a public hearing Feb. 17 on House Bill 2944, legislation intended to increase enforcement and accountability for public employers required to comply with timelines in the Public Employee Collective Bargaining Act (PECPA). The bill would provide an escalating fine structure for employers who are chronically late remitting union dues or failing to provide required employee roster information.
Sponsor Representative Travis Nelson said the bill "is not about creating new rules" but about enforcing the timelines adopted in 2019 and ensuring unions receive timely dues transfers and quarterly rosters. The dash-1 amendment removes a private right of action so enforcement would proceed through the Employment Relations Board (ERB) and directs civil penalties to the Wage Security Fund rather than creating a direct funding flow to unions.
Supporters, including the Oregon AFL-CIO and union witnesses, said the enforcement mechanism is necessary because a small number of employers chronically fail to remit dues and provide rosters in a timely fashion, which weakens unions' ability to represent members. "Policy is only as good as its enforcement," Katie Tyson of the Oregon AFL-CIO said.
The League of Oregon Cities raised concerns about the bill as drafted. Scott Winkles asked the committee to allow ERB discretion when levying fines and to consider a "not to exceed" structure or other scaling because mandatory fines could impose disproportionate burdens on small jurisdictions that have experienced ransomware attacks, natural disasters, or other extenuating circumstances. Committee members also asked technical questions about the Wage Security Fund, including what the fund currently finances and whether civil penalties would alter existing programs funded through that account.
Representatives and staff from legislative offices and unions said they are working with the League to refine fine amounts and mechanics for small jurisdictions. No formal committee action was taken during the hearing; the committee closed the public hearing on House Bill 2944 and indicated the measure includes a dash-1 amendment that removes the private right of action and sends fines to the Wage Security Fund.
