| How to File a SPRL Appeal |
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HOW TO FILE A STATE PERSONNEL RELATIONS LAW (SPRL) APPEAL
To File an Appeal--Write a chronological description of what happened, describing the actions that allegedly violated the law. Attach to the letter copies of documents that are central to the appeal, including a copy of relevant personnel actions. There is no cost to file the appeal, and no preprinted form to complete. You may either fax the appeal, or hand deliver it, or mail it to:
Employment Relations Board, 528 Cottage Street N.E., Suite 400, Salem, Oregon 97301-3807
Phone: (503) 378-3807; Fax: (503) 373-0021
(Note: The appeal must be filed not later than 30 days after the effective date of the reduction, dismissal, suspension, or demotion. An appeal is considered filed when it is received by the Board or postmarked, if mailed postpaid and properly addressed. See ORS Chapter 240.)
Investigation--When a State employee files a SPRL appeal, the Employment Relations Board (ERB) assigns it to an administrative law judge (ALJ). The ALJ examines the appeal to determine whether it complies with the requirements of the law and applicable rules. If the appeal is defective, the ALJ will identify the problem and give you, the appellant, an opportunity to amend the appeal.
**Mediation--Within the first 30 days after filing an appeal, and before a hearing, either party may ask the ALJ to transfer the case to a mediator. A mediator is an ERB employee who will help you and the State agency attempt to resolve the dispute without a hearing. Both parties must agree to mediation, which is a voluntary process. If both you and the State agency agree to mediation, a mediator will contact each of you to arrange a meeting. The mediator meets with each side separately to find out what is needed or desired to settle the dispute. An attorney may represent you in the mediation process, but it is not required. The State agency may or may not be represented by an attorney at mediation. Neither you nor the State agency is required to agree to any settlement proposal made by the other side or suggested by the mediator. If a settlement cannot be reached, the case will be returned to the ALJ who will conduct a hearing.
Scheduling a Hearing--If, after investigation, the ALJ determines that a hearing is necessary, the ALJ will contact you and the State to schedule a hearing date; the ALJ will conduct the hearing. The SPRL provides that the ERB will conduct a hearing for a regular employee who appeals a reduction, dismissal, suspension, or demotion within 30 days after receipt of the appeal unless the employee waives the 30-day requirement; see ORS 240.560(1).
After Hearing and Balance of Case--After the hearing, the ALJ will issue a proposed order and transfer the file to the three-member Board; they will issue a final Board Order. The final Board Order is appealable to the Court of Appeals.
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Legal Advice:If you have questions regarding the merits of your appeal, the strength or weakness of your case, or the likelihood that your appeal will be successful, you should consult an attorney. Any member of the three-member Board can answer questions you may have regarding ERB procedures and applicable laws and rules. However, neither the ALJ nor Board members are permitted to give you legal advice.
Library/Research: The ERB has a library with the text and summaries of prior SPRL decisions for your review. The cost for copies is $.25 per page. The library is open from 8:00 a.m. to 5:00 p.m., Mondays through Fridays.
Representation by Attorneys: Throughout the appeal process, the State agency will be represented by an attorney from the Attorney General´s Office. You may choose to be represented by an attorney at any time during the appeal process, but it is not required. You are responsible for paying the fees of your own attorney.
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