Jason Weyand

Tel: (866) 697-6015 ext. 703

Jason was born and raised in Oregon. In 1998, he graduated from Oregon State University with a B.A. in Political Science. He then attended the University of Oregon School of Law, earning his J.D. in May 2001.

After law school, Jason moved to Washington, D.C. where he worked as an ERISA/Bankruptcy Attorney with the Pension Benefit Guaranty Corporation, a federal agency created to protect the pension plans of private sector employees. It was during this time Jason became a union member for the first time, joining the National Association of Government Employees Local R3-77, a Service Employees International Union local. Jason quickly volunteered to become a steward in his local. He found that he enjoyed representing union members far more than he enjoyed his other legal work. This passion, coupled with a strong desire to move back to Oregon, led him to accept a position as legal counsel with Oregon AFSCME in 2004.

In eight years with AFSCME, Jason represented the union in hundreds of grievances, including dozens of cases that went to arbitration; negotiated collective bargaining agreements; handled cases before the Employment Relations Board, including unfair labor practice cases, duty of fair representation cases, and contested representation cases; represented the union in state and federal court, including the Oregon Supreme Court. Jason also represented individual union members in licensing and certification cases, including matters before the Department of Public Safety, Standards and Training, the Oregon Nursing Board, the Oregon Medical Board, and the Oregon Child Care Division.

In 2012, Jason was appointed by Governor Kitzhaber to serve as the labor representative on the three-person Employment Relations Board. He was reappointed by Governor Brown in 2016. As a Board member, Jason was involved in deciding unfair labor practice cases, union representation disputes, and appeals under the State Personnel Relations Law. During Jason’s tenure on the Board, the agency eliminated a substantial backlog of cases and significantly reduced the amount of time needed to decide a case.

Jason has been active in the Oregon State Bar, including service on the Executive Committee of the Labor and Employment Section and as an Editorial Board member of the Civil Rights Section’s Newsletter. Jason served as Chair of the Labor and Employment Section in 2014.

Publications

"Negotiating Technological Change in Oregon’s Public Sector Workplace," University of Oregon’s Labor Education and Research Center Working Paper for May 30, 2018, Conference.

"Labor and Employment Law: Public Sector, 2011 Update," Oregon State Bar Continuing Legal Education Publications, Co-Editor (with Thomas Doyle, Adam Collier, and Steven Krohn).

“Military Leave and Military Family Leave Laws,” Labor and Employment Law: Public Sector, Oregon State Bar Continuing Legal Education Publications, 2011 Update.

“Complaints of Employer Discrimination,” Labor and Employment Law: Public Sector, Oregon State Bar Continuing Legal Education Publications, 2011 Update, Co-author (with Tessa Sugahara and Steven Krohn),

Representative Cases

State of Oregon, Department of Human Services, Oregon State Hospital v. American Federation of State, County and Municipal Employees, Local 3295, AWOP, 244 Or App 137, 257 P3d 1021 (2011), rev den 351 Or 649 (2012). Jason represented the union before the Court of Appeals which affirmed (without opinion) an earlier decision by the Employment Relations Board upholding an arbitration award in a discipline grievance with significant backpay. Employment Relations Board Opinion and Order can be found here.

Oregon AFSCME Council 75, Local 2503 v. Hood River County, 248 Or App 293 (2012). Jason successfully represented the union before the Court of Appeals which affirmed the Employment Relations Board’s order finding the County had committed an unfair labor practice.The County had refused to withhold the proper amount of dues from employee paychecks as required by statute and the collective bargaining agreement with the union.

Association of Oregon Corrections Employees v. State of Oregon, Department of Corrections, 353 Or 170 (2013). Filed amicus curiae brief on behalf of AFSCME, arguing that the Oregon Supreme Court should overturn two earlier decisions by the Court of Appeals that—if allowed to stand—would have made it easier for an employer to assert that a union had waived its right to bargain over changes to working conditions.

Reyes Romayor v. Department of Public Safety Standards and Training, 265 Or App 93, 338 P3d 442 (2014). Jason filed a request for hearing before an ALJ after DPSST sought to revoke a correctional officer’s certification. After the ALJ ruled in the officer’s favor, DPSST rewrote the ALJ’s opinion and proceeded with the revocation process. Jason filed an appeal of that decision with the Court of Appeals and submitted the initial brief on the merits. After the brief was filed, Jason was appointed to the Employment Relations Board and was unable to argue the case. Ultimately, the Court of Appeals reversed and remanded DPSST’s order in the case, and the officer continued his career in public safety.

Oregon AFSCME Council 75, Local 3943 v. State of Oregon, Department of Corrections, Santiam Correctional Institution, Case No. UP-051-05 (2008). Jason represented AFSCME in a case where the Employment Relations Board found that the Department of Corrections committed an unfair labor practice when supervisors unlawfully tried to influence the outcome of local officer elections by encouraging union members to vote against an incumbent officer.

American Federation of State, County and Municipal Employees, Local 88 v. Multnomah County, Case No. UP-022-10 (2012). The County committed an unfair labor practice when a supervisor gave a union steward negative ratings in his performance appraisal because of his union activities.

American Federation of State, County and Municipal Employees, Local 2043 v. City of Lebanon, Case No. UP-014-11, 24 PECBR 996 (2012), reversed and remanded, 265 Or App 288, 336 P3d 519 (2014), rev granted __ Or __ (2014), appeal pending. A City Council member sent a letter to the editor—which she signed using her title—expressing anti-union sentiments and urging City employees to decertify the union. Jason filed the complaint and represented the union in the Employment Relations Board proceeding. The Board ruled that the City Council member’s actions constituted an unfair labor practice. After Jason was appointed to the Board, the City appealed. The matter is currently on review before the Oregon Supreme Court.

Oregon AFSCME Council 75, Local 1329 v. Crook County Road Department, Case No. UP-045-10, 25 PECBR 121 (2012). Jason represented the union before the Employment Relations Board where the County fired a long-time employee shortly after she became a vocal union steward. After a lengthy hearing, the Board concluded that the County fired her because of her protected union activities, reinstating her with full back pay and issuing a civil penalty against the County because its unlawful actions were egregious.

Appellate cases

Oregon Tech American Association of University Professors (Oregon Tech AAUP) v. Oregon Institute of Technology, aff’d 314 Or App 595 (2021), rev den 369 Or 504 (2022). Successfully represented the union in the first case before the Employment Relations Board under the newly revised statute defining supervisory employees for higher education faculty. The decision resulted in a commonsense interpretation of the statute that allowed department chairs at OIT to exercise their right to join a union. On appeal, the Court affirmed the Board’s decision in this case of first impression.

United Academics of Oregon State University v. Oregon State University, 315 Or App 348 (2021). Successfully represented the union in the first case brought under Oregon’s unique public employer neutrality statute. The Employment Relations Board held that OSU failed to maintain the required neutrality and took actions intended to unlawfully influence its faculty members’ decision whether to join a union. The Board’s decision in this case of first impression was affirmed by the Court of Appeals.

Multnomah County Corrections Deputy Association v. Multnomah County aff’d 317 Or App 89 (2021). Represented a coalition of Oregon unions in an amicus brief submitted in support of an important decision from the Employment Relations Board that correctly recognized that employers are obligated to engage in midterm bargaining over changes in working conditions even when the employer does not cause the change. The Court of Appeals correctly affirmed the Board’s decision.

Teaching

Co-Instructor of Labor Law, University of Oregon School of Law, Fall Semester 2019 and 2020.

Teach Labor Law and Arbitration courses beginning Fall 2022-current.

Co-taught Labor Law class with my law partner. Updated and created new curriculum for each semester, held weekly lectures and wrote and graded final exams and (2019 and 2020).

Organizations and Activities

Member, Executive Board, Labor and Employment Section, 2009-2015 (served as Chair in 2014).
Member, Editorial Board, Civil Rights Section Newsletter, 2012 to 2017.

Education

University of Oregon School of Law, J.D., 2001
Oregon State University, B.A. (Political Science), 1998

Admissions

Oregon State Bar
U.S. District Court for Oregon
U.S. District Court for the Eastern District of Wisconsin
9th Circuit Court of Appeals