OAR 839-025-0054: Exemption from Overtime Pay Requirements on Public Improvement Projects

(1) As used in ORS 279C.540(4) and in this rule, unless the context requires otherwise: (a) "A collective bargaining agreement in effect" means a collective bargaining agreement which is recognized as being binding on all parties by the National Labor Relations Board; which is enforceable within the geographic area in which the public improvement is located; and, the terms of which extend to workers who are working on the public improvement project; (b) "Labor organization" means any organization certified as such by the National Labor Relations Board. (2) ORS 279C.540(4) provides an exemption from the overtime pay requirements of ORS 279C.540(1), (2) and (3) under the following circumstances: (a) The contract on which work is performed is a public improvement contract; and (b) The contractor is a party to a collective bargaining agreement in effect with any labor organization. (3) The exemption would not apply, for example, under the following circumstances: (a) To workers employed on a public improvement who are not covered by the terms of a collective bargaining agreement; (b) When the labor organization has no jurisdiction in the geographical area where work is being performed; (c) Any other circumstance when the terms of the collective bargaining agreement is not enforceable for workers on public improvement projects.