Oregon Statutes - Chapter 663 - Labor Relations Generally

• 663.005   Definitions.
  As used in this chapter, unless the context requires otherwise: (1) “Board” means the Employment Relations Board. (2) “Conciliator” means the head of the State...
• 663.010   “Collective bargaining” defined.
  For the purposes of this chapter, “collective bargaining” is the performance of the mutual obligation of the employer and the representative of the employees to...
• 663.015   Designated collective bargaining representatives to be exclusive; grievances excepted.
  Representatives designated or selected for the purposes of collective bargaining, by the majority of the employees in a unit appropriate for such purposes, are the...
• 663.020   Determination of appropriate unit for purposes of collective bargaining.
  (1) The Employment Relations Board shall decide in each case whether the unit appropriate for the purposes of collective bargaining is the employer unit, craft...
• 663.025   Filing of representation petition; investigation; hearing; election.
  (1) A petition may be filed with the Employment Relations Board, in accordance with regulations prescribed by the board: (a) By an employee or group...
• 663.030   Conduct of representation election.
  No election shall be directed in any bargaining unit or any subdivision within which, in the preceding 12 months, a valid election has been held....
• 663.035   Filing of deauthorization petition; election; limitation.
  (1) Upon the filing with the Employment Relations Board by 40 percent or more of the employees in a bargaining unit covered by an agreement...
• 663.040   Filing charge of illegal election practice; investigation; new election.
  Any person may file with the Employment Relations Board a charge that employees eligible to vote in an election under this chapter have been coerced...
• 663.045   Obtaining advisory opinions on assertion of federal jurisdiction; findings of board to be public records.
  (1) In carrying out this chapter, the Employment Relations Board may, pursuant to any applicable federal law, rule or regulation, petition the National Labor Relations...
• 663.100   Determination of agent.
  For the purposes of this chapter, in determining whether a person is acting as an “agent” of a second person so as to make the...
• 663.105   Supervisory personnel as union members.
  Nothing in this chapter prohibits an individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject...
• 663.110   Employee organization, bargaining rights; union security agreements; payments to charitable institutions in lieu of union dues and other fees.
  Employees have the right to self-organization; to form, join or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage...
• 663.115   Right to strike.
  Nothing in this chapter, except as specifically provided for therein, either interferes with, impedes or diminishes in any way the right to strike, or affects...
• 663.120   Employer unfair labor practices.
  It is an unfair labor practice for an employer: (1) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in...
• 663.125   Other employer unfair labor practices.
  It is an unfair labor practice for an employer, by discrimination in regard to hire or tenure of employment or any term or condition of...
• 663.130   Union unfair labor practices.
  It is an unfair labor practice for a labor organization or its agents: (1) To cause or attempt to cause an employer to discriminate against...
• 663.135   Excessive membership fee.
  It is an unfair labor practice for a labor organization or its agents to require of employees covered by an agreement authorized under ORS 663.125...
• 663.140   Encouraging certain strikes; refusals to handle products.
  It is an unfair labor practice for a labor organization or its agents to engage in, or to induce or encourage any individual employed by...
• 663.145   Refusal to enter upon premises where strike in progress; truthful strike publicity not prohibited.
  (1) Notwithstanding ORS 663.140, nothing in ORS 663.130 to 663.150 makes unlawful a refusal by any person to enter upon the premises of an employer...
• 663.150   Picketing to force recognition of or bargaining with union.
  (1) It is an unfair labor practice for a labor organization or its agents to picket or cause to be picketed, or threaten to picket...
• 663.155   Contract with employer to refrain from dealing in products of another employer.
  It is an unfair labor practice for a labor organization and an employer to enter into a contract or agreement, express or implied, whereby the...
• 663.160   Expression of views not containing threats or promises of benefit not unfair labor practice.
  The expressing of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic or visual form, does not constitute evidence of...
• 663.165   Procedure for terminating or modifying existing collective bargaining contract; notice; negotiation meetings.
  (1) Notwithstanding ORS 663.010, if there is in effect a collective-bargaining contract covering employees in an industry, the duty to bargain collectively also means that...
• 663.170   Unfair labor practice provisions not retroactive.
  (1) No provision of this chapter makes an unfair labor practice any act that was performed before January 1, 1972. (2) ORS 663.125 and 663.130...
• 663.175   Authority of board to prevent unfair labor practices; authority not to affect other lawful adjustment means.
  As provided in ORS 663.175 to 663.260, the Employment Relations Board may prevent any person from engaging in an unfair labor practice listed in ORS...
• 663.180   Filing of charges of unfair practice; fees; board investigation; issuance of complaints; complaints not to issue on certain practices occurring more than six months before filing of charges.
  (1) A person may file with the Employment Relations Board a charge that another person has engaged in or is engaging in an unfair labor...
• 663.185   Amendment of complaint; filing answer; intervenors; fees; conduct of proceedings.
  (1) The Employment Relations Board may amend a complaint at any time before the issuance of an order based on the complaint. (2) The person...
• 663.190   Record of testimony at hearings.
  The testimony taken at the hearing shall be reduced to writing and filed with the Employment Relations Board. Thereafter, in its discretion, the board on...
• 663.195   Orders and findings of board.
  (1) If, on the preponderance of the evidence taken and in the record, the Employment Relations Board is not of the opinion that the person...
• 663.200   Employee reinstatement orders; reports showing compliance with orders.
  (1) Except as provided in ORS 663.195 (3), if an order directs reinstatement of an employee, back pay may be required of the employer or...
• 663.205   Modification, setting aside orders by board; contents of record in certain representation matters.
  (1) Until the record of a case has been filed in court as provided in ORS 663.210 or 663.220, the Employment Relations Board at any...
• 663.210   Enforcement of orders by Court of Appeals; injunctive relief; notice of filing enforcement petition; authority of court in reviewing order.
  The Employment Relations Board may petition the Court of Appeals for the enforcement of an order and for appropriate temporary relief or restraining order, and...
• 663.215   Scope of court review of order; additional evidence; modification of findings by board.
  (1) No objection that has not been urged before the Employment Relations Board shall be considered by the court, unless the failure or neglect to...
• 663.220   Appeal of board’s order to Court of Appeals; authority of court in reviewing order.
  (1) Any person aggrieved by a final order of the Employment Relations Board granting or denying in whole or in part the relief sought may...
• 663.225   Hearing of petitions; review proceedings not to stay board’s order.
  (1) Petitions filed under ORS 663.175 to 663.260 shall be heard expeditiously, and if possible within 10 days after they are docketed. (2) The commencement...
• 663.230   Court jurisdiction in granting injunctive relief or reviewing order not limited by ORS 662.010 to 662.130.
  When granting appropriate temporary relief or a restraining order, or making and entering a judgment enforcing, modifying and enforcing as so modified, or setting aside...
• 663.235   Injunctive relief authorized upon issuance of unfair labor practice complaint; notice to defendant; court jurisdiction.
  The Employment Relations Board, on issuance of a complaint charging that any person has engaged in or is engaging in an unfair labor practice, may...
• 663.240   Priority of hearing certain unfair labor practice cases.
  If it is charged that a person has engaged in an unfair labor practice within the meaning of ORS 663.125 or 663.130 (1), the charge...
• 663.245   Hearing unfair labor practice cases involving jurisdictional disputes; dismissal of charges upon voluntary adjustment of dispute.
  If it is charged that a person has engaged in an unfair labor practice within the meaning of ORS 663.140 (4), the Employment Relations Board...
• 663.250   Priority of investigating certain unfair labor practice charges; injunctive relief pending disposition of case; notice of petition; court authority.
  (1) If it is charged that a person has engaged in an unfair labor practice within the meaning of ORS 663.140 (1) to (3) or...
• 663.255   Injunctive relief without notice; when board not to apply for injunctive relief.
  Notwithstanding ORS 663.250: (1) No temporary restraining order shall be issued without notice unless a petition alleges that substantial and irreparable injury to the charging...
• 663.260   Service of process on union; making union party to suit.
  The service of legal process upon an officer or agent of a labor organization constitutes service upon the labor organization and makes the organization a...
• 663.265   Application of ORS 663.270 to 663.295 to hearings and investigations.
  ORS 663.270 to 663.295 apply to all hearings and investigations which, in the opinion of the Employment Relations Board, are necessary and proper for the...
• 663.270   Access of board to evidence relating to subject matter of investigation or proceedings; revocation of subpoenas requiring improper information; administration of oaths; taking testimony and evidence.
  (1) The Employment Relations Board or its duly authorized agents at all reasonable times shall have access to, for the purpose of examination, and the...
• 663.275   Refusal to obey subpoenas punished as contempt of court.
  In case of contumacy or refusal to obey a subpoena issued to any person, any court of this state within the jurisdiction of which the...
• 663.280   Immunity from punishment of persons testifying, producing evidence required by subpoena.
  No person shall be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience to a subpoena issued...
• 663.285   Method of serving process of board; fees for witnesses summoned by board.
  (1) Complaints, orders, and other process and papers of the Employment Relations Board or its designated agent issued under this chapter may be served personally,...
• 663.290   Place of service of court process.
  All process of any court to which application may be made under this chapter may be served wherever the defendant or other person required to...
• 663.295   Governmental officers and agencies to furnish evidence related to board proceedings.
  All officers, departments and agencies of this state, when directed by the Governor, shall furnish the Employment Relations Board, upon its request, all records, papers...
• 663.300   [Formerly 662.605; repealed by 1975 c.147 §21]
• 663.305   [Formerly 662.615; repealed by 1975 c.147 §21]
• 663.310   [Formerly 662.625; repealed by 1975 c.147 §21]
• 663.315   [Formerly 662.635; repealed by 1975 c.147 §21]
• 663.320   [Formerly 662.645; repealed by 1975 c.147 §21]
• 663.325   [Formerly 662.655; repealed by 1975 c.147 §21]

Last modified: August 7, 2008