As used in ORS
662.010 to 662.130 and for the purposes of those sections:
(1) “Labor dispute” includes any controversy concerning terms or
conditions of employment, or concerning the association or representation
of persons in negotiating, fixing, maintaining, changing or seeking to
arrange terms or conditions of employment, regardless of whether or not
the disputants stand in the proximate relation of employer and employee.
(2) A case involves or grows out of a labor dispute when the case
involves persons who are engaged in the same industry, trade, craft or
occupation, or who have direct or indirect interests therein, or who are
employees of the same employer, or who are members of the same or an
affiliated organization of employers or employees, whether such dispute
is: (a) Between one or more employers or associations of employers and
one or more employees or associations of employees; (b) between one or
more employers or associations of employers and one or more employers or
associations of employers; or (c) between one or more employees or
associations of employees and one or more employees or associations of
employees; or when the case involves any conflicting or competing
interests in a labor dispute of persons participating or interested
therein.
(3) A person or association is a person participating or interested
in a labor dispute if relief is sought against the person or association,
and if the person or association:
(a) Is engaged in the same industry, trade, craft or occupation in
which such dispute occurs.
(b) Has a direct or indirect interest therein.
(c) Is a member, officer or agent of any association composed in
whole or in part of employers or employees engaged in such industry,
trade, craft or occupation. [Amended by 1987 c.158 §130] In the
interpretation of ORS 662.010 to 662.130, and in determining the
jurisdiction and authority of the courts of this state, as such
jurisdiction and authority are defined and limited in those statutes, the
public policy of Oregon is declared as follows: Whereas under prevailing
economic conditions, developed with the aid of governmental authority for
owners of property to organize in a corporate and other forms of
ownership association, the individual unorganized worker is commonly
helpless to exercise actual liberty of contract and to protect the
individual unorganized worker’s freedom of labor and thereby to obtain
acceptable terms and conditions of employment, wherefore, though the
worker should be free to decline to associate with the worker’s fellows,
it is necessary that the worker have full freedom of association,
self-organization and designation of representatives of the worker’s own
choosing to negotiate the terms and conditions of employment and that the
worker shall be free from the interference, restraint or coercion of
employers of labor, or their agents, in the designation of such
representatives or in self-organization or in other concerted activities
for the purpose of collective bargaining or other mutual aid or
protection; therefore, the definitions of and limitations contained in
ORS 662.010 to 662.130 upon the jurisdiction and authority of the courts
of this state hereby are enacted.Any undertaking or promise
described in this section or any other undertaking or promise in conflict
with the public policy declared in ORS 662.020 is declared to be contrary
to the public policy of Oregon and is not enforceable in any court of
this state and does not afford any basis for the granting of legal or
equitable relief by any such court, including specifically, every
undertaking or promise made after June 6, 1931, whether written or oral,
express or implied, constituting or contained in any contract or
agreement of hiring or employment between any individual, firm, company,
association or corporation, and any employee or prospective employee of
the same, whereby:
(1) Either party to such contract or agreement undertakes or
promises not to join, become or remain a member of any labor organization
or of any employer organization.
(2) Either party to such contract or agreement undertakes or
promises that the party will withdraw from an employment relation in the
event that the party joins, becomes or remains a member of any labor
organization or of any employer organization. No
court, nor any judge thereof, shall have jurisdiction to issue any
restraining order or temporary or permanent injunction in a case
involving or growing out of a labor dispute, except in strict conformity
with ORS 662.010 to 662.130, nor shall any such restraining order or
temporary or permanent injunction be issued contrary to the public policy
declared in ORS 662.020. No court, nor any
judge thereof, shall have jurisdiction to issue any restraining order or
temporary or permanent injunction in any case involving or growing out of
any labor dispute to prohibit any person or persons participating or
interested in such dispute from doing, whether singly or in concert, any
of the following acts:
(1) Ceasing or refusing to perform any work or to remain in any
relation of employment.
(2) Becoming or remaining a member of any labor organization or of
any employer organization, regardless of any undertaking or promise, as
is described in ORS 662.030.
(3) Paying or giving to, or withholding from, any person
participating or interested in such labor dispute, any strike or
unemployment benefits or insurance, or other moneys or things of value.
(4) By all lawful means aiding any person participating or
interested in any labor dispute who is being proceeded against in, or is
prosecuting, any action or suit in any court of the United States or of
any state.
(5) Giving publicity to the existence of, or facts involved in, any
labor dispute, whether by advertising, speaking, patrolling or by any
other method not involving fraud or violence or intimidation.
(6) Assembling peaceably to act or to organize to act in promotion
of their interests in a labor dispute.
(7) Advising or notifying any person of any intention to do any of
the acts specified in subsections (1) to (6) of this section.
(8) Agreeing with other persons to do or not to do any of the acts
specified in subsections (1) to (7) of this section.
(9) Advising, urging or otherwise causing or inducing without fraud
or violence or intimidation, the acts specified in subsections (1) to (8)
of this section, regardless of any undertaking or promise, as is
described in ORS 662.030.No court, nor any judge thereof, shall
have jurisdiction to issue a restraining order or temporary or permanent
injunction upon the ground that any of the persons participating or
interested in a labor dispute constitute or are engaged in an unlawful
combination or conspiracy because of the doing in concert of the acts
enumerated in ORS 662.050.No officer or member of
any association or organization, and no association or organization
participating or interested in a labor dispute, shall be held responsible
or liable in any court of this state for the unlawful acts of individual
officers, members or agents, except upon clear proof of actual
participation in, or actual authorization of, such acts, or of
ratification of such acts after actual knowledge thereof.No court, nor any judge thereof, shall have jurisdiction to
issue a temporary or permanent injunction in any case involving or
growing out of a labor dispute, except after hearing the testimony of
witnesses in open court, with opportunity for cross-examination, in
support of the allegations of a complaint made under oath, and testimony
in opposition thereto, if offered, and except after findings of fact by
the court, to the effect:
(1) That unlawful acts have been threatened and will be committed
unless restrained, or have been committed and will be continued unless
restrained, but no injunction or temporary restraining order shall be
issued on account of any threat or unlawful act excepting against the
persons, association or organization making the threat or committing the
unlawful act or actually authorizing or ratifying the same after actual
knowledge thereof.
(2) That substantial and irreparable injury to complainant’s
property will follow.
(3) That as to each item of relief granted greater injury will be
inflicted upon complainant by the denial of relief than will be inflicted
upon defendants by the granting of relief.
(4) That complainant has no adequate remedy at law.
(5) That the public officers charged with the duty to protect
complainant’s property are unable or unwilling to furnish adequate
protection.(1) The hearing shall be held after due and
personal notice thereof has been given, in such manner as the court shall
direct, to all known persons against whom relief is sought, and also to
the chief of those public officials of the county and city within which
the unlawful acts have been threatened or committed charged with the duty
to protect complainant’s property. However, if a complainant also alleges
that, unless a temporary restraining order is issued without notice, a
substantial and irreparable injury to complainant’s property will be
unavoidable, such a temporary restraining order may be issued upon
testimony under oath, sufficient, if sustained, to justify the court in
issuing a temporary injunction upon a hearing after notice. Such a
temporary restraining order shall be effective for no longer than five
days and shall become void at the expiration of the five days.
(2) No temporary restraining order or temporary injunction shall be
issued except on condition that complainant first files an undertaking
with adequate security in an amount to be fixed by the court sufficient
to recompense those enjoined for any loss, expense or damage caused by
the improvident or erroneous issuance of such order or injunction,
including all reasonable costs, together with a reasonable attorney fee
at trial and on appeal and expense of defense against the order or
against the granting of any injunctive relief sought in the same
proceeding and subsequently denied by the court.
(3) The undertaking mentioned in subsection (2) of this section
shall be understood to signify an agreement entered into by the
complainant and the surety upon which a judgment may be rendered in the
same action or proceeding against the complainant and surety, upon a
hearing to assess damages of which hearing complainant and surety shall
have reasonable notice, the complainant and surety submitting themselves
to the jurisdiction of the court for that purpose. This section does not
deprive any party having a claim or cause of action under or upon such
undertaking from electing to pursue the ordinary remedy of the party by
action for legal or equitable remedies. [Amended by 1979 c.284 §188; 1981
c.897 §98]No
restraining order or injunctive relief shall be granted to any
complainant who has failed to comply with any obligation imposed by law
which is involved in the labor dispute in question, or who has failed to
make every reasonable effort to settle such dispute, either by
negotiation or with the aid of any available governmental machinery of
mediation or voluntary arbitration.(1) No restraining order or temporary or permanent injunction
shall be granted in a case involving or growing out of a labor dispute,
except on the basis of findings of fact made and filed by the court in
the record of the case prior to the issuance of such restraining order or
injunction.
(2) Every restraining order or injunction granted in a case
involving or growing out of a labor dispute shall include only a
prohibition of such specific acts as may expressly be complained of in
the bill of complaint or petition filed in such case and as shall
expressly be included in the findings of fact made and filed by the court. Whenever any court or judge
thereof issues or denies any temporary injunction in a case involving or
growing out of a labor dispute, the court shall, upon the request of any
party to the proceedings and on filing the usual bond for costs,
forthwith certify, as in ordinary cases, the record of the case to the
Supreme Court for its review. Upon the filing of such record in the
Supreme Court, the appeal shall be heard and the temporary injunctive
order affirmed, modified or set aside with the greatest possible
expedition, giving the proceedings precedence over all other matters,
except older matters of the same character. (1) In
all cases arising under ORS 662.010 to 662.130 in which a person is
charged with contempt in a court of this state, the accused shall enjoy
the right to a speedy and public trial by an impartial jury wherein the
contempt has been committed; provided, this right shall not apply to
contempts committed in the presence of the court or so near thereto as to
interfere directly with the administration of justice or to the
misbehavior, misconduct or disobedience of any officer of the court in
respect to the writs, orders or process of the court.
(2) The defendant in any proceeding for contempt of court may file
with the court a demand for the retirement of the judge sitting in the
proceeding, if the contempt arises from an attack upon the character or
conduct of such judge and if the attack occurred elsewhere than in the
presence of the court or so near thereto as to interfere directly with
the administration of justice. Upon the filing of any such demand the
judge shall thereupon proceed no further, but another judge shall be
designated as provided by law. The demand shall be filed prior to the
hearing in the contempt proceeding.
(3) Except as provided in subsections (1) and (2) of this section,
proceedings for imposition of sanctions for contempt shall be conducted
as provided under ORS 33.015 to 33.155. [Amended by 1991 c.724 §29]STRIKEBREAKERS As used in ORS
662.205 to 662.225:
(1) “Employee” means any individual who performs services for wages
or salary.
(2) “Employer” means any person, partnership, firm, corporation,
association or other entity, or any agent thereof, that employs an
individual to perform services for a wage or salary.
(3) “For the duration of a strike or lockout” includes that period
of time beginning one month before initiation of a strike or lockout and
ending one month after termination of the strike or lockout.
(4) “Lockout” means any refusal by an employer to permit employees
to work as a result of a dispute with such employees affecting wages,
hours or other terms or conditions of their employment.
(5) “Professional strikebreaker” means a person who currently
offers to replace an employee involved in a strike or lockout, for the
duration of that strike or lockout; and who, within the preceding
five-year period, has on two or more previous occasions offered to
replace an employee involved in a strike or lockout, for the duration of
that strike or lockout. However, professional strikebreaker does not
include any person who is the owner of a partnership, firm, corporation,
association or other entity or the family of the owner or any person
designated as supervisory personnel. As used in this section, owner
includes a producer of agricultural commodities or a member of a
cooperative association.
(6) “Strike” means any concerted act of employees in a lawful
refusal under applicable state or federal law to perform work or services
for an employer. [1975 c.645 §1; 1987 c.158 §131]No employer shall:
(1) Knowingly utilize any professional strikebreaker to replace an
employee involved in a strike or lockout, for the duration of that strike
or lockout.
(2) Recruit, solicit or advertise for individuals to replace
employees involved in a strike or lockout, for the duration of the strike
or lockout, unless the employer gives notice to such individual that
there is a strike or lockout at the place at which employment is offered
and that the employment offered is for the purpose of replacing an
employee involved in the strike or lockout, for the duration of such
strike or lockout. [1975 c.645 §2] No
professional strikebreaker shall knowingly become employed or offer to
become employed for the purpose of replacing an employee involved in a
strike or lockout, for the duration of that strike or lockout. [1975
c.645 §3]STATE CONCILIATION SERVICE It hereby is declared to be the
public policy of the State of Oregon that the best interests of the
people of this state are served by fostering collective bargaining and by
the prevention of or the prompt settlement of labor controversies,
strikes and lockouts; that sound and stable industrial peace and the
advancement of the general welfare of the state and of the best interests
of employers and employees can most satisfactorily be secured by the
settlement of issues between employers and employees through the
processes of conference and collective bargaining between employers and
employees; that the settlement of issues between employers and employees
through collective bargaining may be advanced by making available full
and adequate government facilities for conciliation, mediation and
voluntary arbitration to aid and encourage employers and employees to
reach and maintain agreements concerning rates of pay, hours and working
conditions and to make all reasonable efforts to settle their differences
by mutual agreement reached through conferences and collective
bargaining. [1957 c.122 §1] A State
Conciliation Service hereby is established within the Employment
Relations Board with the primary responsibility for fostering collective
bargaining by rendering voluntary assistance to employers and employees
in resolving their differences without resort to strikes, lockouts or
other forms of conflict. [1957 c.122 §2(1); 1969 c.671 §13] (1) When any party to a labor
controversy notifies the State Conciliation Service that a labor
controversy exists or is imminent, the conciliator, if the conciliator
determines that a labor controversy exists or is imminent, shall
immediately set a time and place for a mediation conference and invite
the parties to attend to participate in mediation of their differences.
(2) When it comes to the attention of the conciliator that a labor
controversy exists or is imminent, the conciliator may offer mediation
services if the conciliator deems it to be in the public interest.
(3) At the request of the Governor, the Employment Relations Board
shall instruct the conciliator to investigate any existing or imminent
labor dispute, or controversy in the public sector and report the facts
of the dispute and the matters in issue to the Governor. [1957 c.122 §3;
1969 c.671 §14] The
services and facilities of the State Conciliation Service and the
conciliator shall be made available to the State of Oregon or any of its
agencies, boards, commissions or other branches or any of the political
subdivisions of the state and to the public employees of the State of
Oregon in all its agencies, boards, commissions or other branches or its
political subdivisions in the same manner as such facilities are
available to private employers and their employees. [1957 c.122 §4; 1959
c.184 §1; 1969 c.671 §15] The State Conciliation
Service shall maintain a list of qualified arbitrators who may be
available to the parties to a labor controversy if the parties so
request. [1957 c.122 §2(3)] The head of the State
Conciliation Service shall be the conciliator who shall be appointed by
the Executive Secretary of the Employment Relations Board, with the
approval of the board. The conciliator and all other employees of the
State Conciliation Service shall be subject to the State Personnel
Relations Law. [1957 c.122 §2(2); 1969 c.671 §16]PICKETING OF AGRICULTURAL PRODUCTION SITES As used in ORS
662.805 to 662.825, unless the context requires otherwise:
(1) “Perishable agricultural crops” means those products of
agriculture which because of their inherent qualities or dependence upon
conditions of soil or weather, mature, decompose, decay or deteriorate
and in so doing undergo material changes of form and quality which render
them unsuitable for the use for which they were produced.
(2) “Labor dispute” includes any controversy between an employer
and a regular employee of that employer concerning terms or conditions of
employment, or concerning the association or representation of persons in
negotiating, fixing, maintaining, changing or seeking to arrange terms or
conditions of employment.
(3) “Regular employee” means a person who has been employed by the
employer for at least six calendar work days. [1963 c.543 §2](1) The Legislative Assembly recognizes and declares that
agriculture is of great importance to the economy of the state and to the
well-being of its citizens. Because of the perishable nature of
agricultural crops, they must be harvested at the proper stage of
maturity, and if this harvest is interfered with the crop may become a
total loss with a resulting waste or loss of food, adverse effect upon
consumer prices, loss of employment to agricultural laborers and severe
dislocation of the entire economy of the state. The picketing of farms,
ranches or orchards at such times as would prevent the planting or
harvesting of such crops directly affects the public welfare and requires
regulation by the state in the exercise of its police power.
(2) Nothing in ORS 662.805 to 662.825 shall be construed to
prohibit any right of employees to organize and bargain collectively with
their employers. [1963 c.543 §§1,6]It shall be unlawful for any person to picket
or cause to be picketed any farm, ranch or orchard where perishable
agricultural crops are produced while such crops are being harvested
unless such picket has been a regular employee on such farm, ranch or
orchard immediately prior to the commencement of the picketing. [1963
c.543 §3]An employer of persons employed to harvest perishable
agricultural crops shall display, in a conspicuous manner about the farm,
ranch or orchard where perishable agricultural crops are being harvested,
notices, written in the English and Spanish languages, of sufficient size
and number to reasonably inform the employees and stating that ORS
662.815 prohibits any person other than a regular employee, as defined in
ORS 662.805, from picketing a farm, ranch or orchard where perishable
agricultural crops are produced while such crops are being harvested.
[1963 c.543 §5] Notwithstanding any
other provision of law, the circuit court for the county in which such
unlawful picketing is conducted has jurisdiction to enjoin any violation
of ORS 662.805 to 662.825 by appropriate order or judgment. The
proceedings shall be conducted as in the case of an action not triable by
right to a jury but shall be given precedence over all other civil
actions.
[1963 c.543 §4; 1979 c.284 §189]PENALTIES
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