(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 or cause to be picketed, any employer when an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of the employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective-bargaining representative, unless such labor organization is currently certified as the representative of such employees:
(a) Where the employer has lawfully recognized in accordance with this chapter any other labor organization and a petition for a representation election may not appropriately be filed;
(b) Where, within the preceding 12 months, a valid election has been conducted; or
(c) Where the picketing has been conducted without a petition for an election and certification having been filed.
(A) When such a petition has been filed the Employment Relations Board forthwith, without regard to the absence of a showing of a substantial interest on the part of the labor organization and without an investigation or hearing, shall conduct an election by secret ballot, marked at the place of election, in such unit as the board finds to be appropriate, and to certify the results thereof.
(B) Nothing in this section prohibits any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of the picketing is to induce an individual employed by any other person in the course of employment, not to pick up, deliver or transport any goods or not to perform any services.
(2) Nothing in this section permits any act that otherwise would be an unfair labor practice under ORS 663.130 to 663.150. [1971 c.729 §13; 1975 c.147 §14a; 2007 c.71 §218]Section: Previous 663.115 663.120 663.125 663.130 663.135 663.140 663.145 663.150 663.155 663.160 663.165 663.170 663.175 663.180 663.185 Next
Last modified: August 7, 2008