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 Conciliation Service.
(3) “Employee” includes any employee, and is not limited to the
employees of a particular employer unless this chapter explicitly states
otherwise, and includes any individual whose work has ceased as a
consequence of, or in connection with, a current labor dispute and who
has not obtained any other regular and substantially equivalent
employment, but does not include an individual:
(a) Employed in agricultural labor as defined in ORS 657.045;
(b) Employed by the parent or spouse of the individual;
(c) Employed in the domestic service of any family or person at
home;
(d) Having the status of an independent contractor;
(e) Employed as a supervisor;
(f) Employed by an employer subject to the Railway Labor Act, as
amended (45 U.S.C. 151 to 163 and 181 to 188);
(g) Employed in the building and construction industry;
(h) Employed by any other person who is not an employer as defined
in subsection (4) of this section; or
(i) Employed by an employer subject to the jurisdiction of the
National Labor Relations Board under its existing jurisdictional
standards, pursuant to the Labor Management Relations Act of 1947, as
amended (29 U.S.C. 141 to 187).
(4) “Employer” includes any person acting as an agent of an
employer, directly or indirectly, but does not include:
(a) The United States or any wholly owned government corporation,
or any Federal Reserve Bank.
(b) This state, or any county, city or political subdivision or
agency thereof.
(c) Any person subject to the Railway Labor Act, as amended (45
U.S.C. 151 to 163 and 181 to 188).
(d) Any labor organization (other than when acting as an employer),
or anyone acting in the capacity of officer or agent of a labor
organization.
(e) Any person involved in the building and construction industry.
(f) Any person subject to the jurisdiction of the National Labor
Relations Board under its existing jurisdictional standards, pursuant to
the Labor Management Relations Act of 1947, as amended (29 U.S.C. 141 to
187).
(5) “Labor dispute” includes any controversy concerning terms,
tenure 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 the disputants stand in the proximate relation of employer and
employee.
(6) “Labor organization” means an organization of any kind, or an
agency or an employee representation committee or plan, in which
employees participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours of employment or conditions of work.
(7) “Professional employee” means:
(a) An employee engaged in work:
(A) Predominantly intellectual and varied in character as opposed
to routine mental, manual, mechanical or physical work;
(B) Involving the consistent exercise of discretion and judgment in
its performance;
(C) Of such a character that the output produced or the result
accomplished cannot be standardized in relation to a given period of time;
(D) Requiring knowledge of an advanced type in a field of science
or learning customarily acquired by a prolonged course of specialized
intellectual instruction and study in an institution of higher learning
or a hospital, as distinguished from a general academic education or from
an apprenticeship or from training in the performance of routine mental,
manual or physical processes; or
(b) An employee who:
(A) Has completed the courses of specialized intellectual
instruction and study described in paragraph (a)(D) of this subsection;
and
(B) Is performing related work under the supervision of a
professional person to qualify the employee to become a professional
employee as defined in paragraph (a) of this subsection.
(8) “Representative” includes an individual or labor organization.
(9) “Supervisor” means any individual, other than a licensed
professional or practical nurse, having authority, in the interest of the
employer, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward or discipline other employees, or responsibly
to direct them, or to adjust their grievances, or effectively to
recommend such action, if in connection with the foregoing the exercise
of such authority is not of a merely routine or clerical nature, but
requires the use of independent judgment.
(10) “Unfair labor practice” means any unfair labor practice listed
in ORS 663.120 to 663.165. [Formerly 662.505; 1975 c.147 §12; 1975 c.163
§2; 2003 c.14 §408] 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
meet at reasonable times and confer in good faith with respect to wages,
hours and other terms and conditions of employment, or the negotiation of
an agreement, or any question arising thereunder, and the execution of a
written contract incorporating any agreement reached if requested by
either party. However, this obligation does not compel either party to
agree to a proposal or require the making of a concession. [Formerly
662.515]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 exclusive
representatives of all the employees in that unit for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment or other conditions of employment. However, an individual
employee or a group of employees may at any time present grievances to
their employer and have such grievances adjusted, without the
intervention of the bargaining representative, if:
(1) The adjustment is not inconsistent with the terms of a
collective-bargaining contract or agreement then in effect; and
(2) The bargaining representative has been given opportunity to be
present at the adjustment. [Formerly 662.525](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 unit, plant unit, or subdivision
thereof. However, the board shall not decide that:
(a) A unit is appropriate for such purposes if the unit includes
both professional employees and employees who are not professional
employees, unless a majority of the professional employees vote for
inclusion in the unit;
(b) A craft unit is inappropriate for such purposes on the ground
that a different unit has been established by a prior determination of
the board unless a majority of the employees in the proposed craft unit
vote against separate representation; or
(c) A unit is appropriate for such purposes if it includes,
together with other employees, an individual employed as a guard to
enforce against employees and other persons rules to protect property of
the employer or to protect the safety of persons on the employer’s
premises. However, no labor organization shall be certified as the
representative of employees in a bargaining unit of guards if such
organization admits to membership, or is affiliated directly or
indirectly with an organization which admits to membership, employees
other than guards.
(2) In determining whether a unit is appropriate for the purposes
specified in subsection (1) of this section, the extent to which the
employees have organized is not controlling. [Formerly 662.545](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 of employees, or any individual or
labor organization acting in their behalf, alleging that a substantial
number of employees:
(A) Wish to be represented for collective bargaining and that their
employer declines to recognize their representative as the representative
defined in ORS 663.015; or
(B) Assert that the individual or labor organization that has been
certified or is being currently recognized by their employer as the
bargaining representative is no longer a representative as defined in ORS
663.015; or
(b) By an employer, alleging that one or more individuals or labor
organizations have presented to the employer a claim to be recognized as
the representative defined in ORS 663.015.
(2) The board shall investigate the petition and if, upon the basis
of its findings, the board has reasonable cause to believe that a
question of representation exists, it shall provide for an appropriate
hearing before the board itself, a member thereof or its agent appointed
for that purpose. Written notice of the hearing shall be mailed by
certified mail to the parties named in the petition not less than seven
days before the hearing. If the board finds upon the record of the
hearing that a question of representation exists, it shall conduct an
election by secret ballot marked at the place of election and certify the
results thereof.
(3) In determining whether or not a question of representation
exists, the same regulations and rules of decision apply irrespective of
the identity of the persons filing the petition or the kind of relief
sought.
(4) Nothing in this chapter prohibits the waiving of hearings by
stipulation for the purpose of a consent election in conformity with
regulations and rules of decision of the board. [Formerly 662.555; 1975
c.147 §13; 2003 c.14 §409] 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. Employees engaged in
an economic strike who are not entitled to reinstatement are eligible to
vote, under regulations of the Employment Relations Board consistent with
the purposes and provisions of this chapter, in any election conducted
within 12 months after the commencement of the strike. In any election
where none of the choices on the ballot receives a majority, a run-off
shall be conducted by the board, the ballot providing for a selection
between the two choices receiving the largest and second largest number
of valid votes cast in the election. [Formerly 662.565; 1975 c.147 §13a]
(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
between their employer and a labor organization requiring membership as a
condition of employment, of a petition alleging that they desire that the
authority of the labor organization to make such an agreement be
rescinded, the board shall direct the conciliator to take a secret
ballot, marked at the place of election, of the employees in the unit and
to certify the results thereof to the labor organization and to the
employer.
(2) No election shall be conducted pursuant to this section in a
bargaining unit or a subdivision within which, in the preceding 12
months, a valid election has been held. [Formerly 662.575]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 or restrained in the exercise of this right. The board
shall investigate the charge. If, upon the basis of its findings, the
board concludes that employees eligible to vote in the election were so
coerced or restrained, the board may order another election. [Formerly
662.585; 1975 c.147 §14](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 Board for an advisory opinion as to whether that agency will
assert jurisdiction over a labor dispute which is the subject of a
proceeding then pending before the board.
(2) All findings, conclusions, and determinations of the board
under this chapter shall be public records. [Formerly 662.595]UNFAIR LABOR PRACTICES 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 second person responsible for the acts of the
first person, the question of whether the specific acts performed were
actually authorized or subsequently ratified is not controlling. [1971
c.729 §3; 1987 c.158 §133] 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 to
this chapter is compelled to treat as employees, for the purpose of
collective bargaining, individuals defined as supervisors in ORS 663.005.
[1971 c.729 §4]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 in other concerted
activities for the purpose of collective bargaining or other mutual aid
or protection. Employees also have the right to refrain from any or all
of such activities except to the extent that this right may be affected
by an agreement requiring membership in a labor organization as a
condition of employment as authorized by ORS 663.125. However, agreements
involving union security including an all-union agreement or agency
agreement must safeguard the rights of nonassociation of employees, based
on bona fide religious tenets or teachings of a church or religious body
of which such employee is a member. Such employee must pay an amount of
money equivalent to regular union dues and initiation fees and
assessments, if any, to a nonreligious charity or to another charitable
organization mutually agreed upon by the employee affected and the
representative of the labor organization to which such employee would
otherwise pay dues. The employee shall furnish written proof that this
has been done. If the employee and representative of the labor
organization do not reach agreement on the matter, the Employment
Relations Board shall designate such organization. [1971 c.729 §5; 2003
c.14 §410] 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 the limitations or
qualifications on that right. [1971 c.729 §6] 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 ORS 663.110;
(2) To dominate or interfere with the formation or administration
of any labor organization or contribute financial or other support to it.
However, subject to rules published by the Employment Relations Board
pursuant to ORS chapter 183, an employer may permit employees to confer
with the employer during working hours without loss of time or pay;
(3) To discharge or otherwise discriminate against an employee
because the employee has filed charges or given testimony under this
chapter; or
(4) To refuse to bargain collectively with the employees’ exclusive
representative, as defined in ORS 663.015. [1971 c.729 §7; 1975 c.83 §1] 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 employment, to encourage
or discourage membership in a labor organization. However:
(1) Nothing in this chapter or in any other statute of this state
precludes an employer from making an agreement with a labor organization
(not established, maintained or assisted by any action defined in this
section or in ORS 663.120 as an unfair labor practice) to require as a
condition of employment membership therein on or after the 30th day
following the beginning of such employment or the effective date of such
agreement, whichever is the later:
(a) If the labor organization is the representative of the majority
of the employees in the appropriate collective-bargaining unit covered by
the agreement when made; and
(b) Unless following an election held within one year preceding the
effective date of the agreement, at least a majority of the employees
eligible to vote in the election have voted to rescind the authority of
the labor organization to make such an agreement.
(2) No employer shall justify any discrimination against an
employee for nonmembership in a labor organization if the employer has
reasonable grounds for believing that membership was:
(a) Not available to the employee on the same terms and conditions
generally applicable to other members; or
(b) Denied or terminated for reasons other than the failure of the
employee to tender the periodic dues and the initiation fees uniformly
required as a condition of acquiring or retaining membership. [1971 c.729
§8] 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 an employee in violation of ORS 663.125 or to discriminate
against an employee with respect to whom membership in such organization
has been denied or terminated on some ground other than the failure of
the employee to tender the periodic dues and the initiation fees
uniformly required as a condition of acquiring or retaining membership;
(2) To refuse to bargain collectively with an employer, if it is
the elected and certified representative of the employees;
(3) To cause or attempt to cause an employer to pay or deliver, or
agree to pay or deliver, any money or other thing of value, in the nature
of an exaction, for services which are not performed or not to be
performed; or
(4) To restrain or coerce:
(a) An employer in the selection of representatives for the
purposes of collective bargaining or the adjustment of grievances; or
(b) Employees in the exercise of the rights guaranteed in ORS
663.110. However, this paragraph does not impair the right of a labor
organization to prescribe its own rules with respect to the acquisition
or retention of membership therein. [1971 c.729 §9] 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 the payment, as a condition
precedent to becoming a member of the organization, of a fee in an amount
which the Employment Relations Board finds excessive or discriminatory
under all the circumstances. In making such a finding the board shall
consider, among other relevant factors, the practices and customs of
labor organizations in the particular industry, and the wages currently
paid to the employees affected. [1971 c.729 §10]
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 any
person to engage in, a strike or a refusal in the course of employment to
use, manufacture, process, transport or otherwise handle or work on any
goods, articles, materials or commodities or to perform any services; or
to threaten, coerce or restrain any person, where in either case an
object thereof is forcing or requiring:
(1) An employer or self-employed person to join a labor or employer
organization or to enter into an agreement that is prohibited by ORS
663.155;
(2) A person to cease using, selling, handling, transporting or
otherwise dealing in the products of any other producer, processor or
manufacturer, or to cease doing business with any other person, or
forcing or requiring any other employer to recognize or bargain with a
labor organization as the representative of employees of the employer
unless such labor organization has been certified as the elected
representative of such employees. However, nothing in this subsection
makes unlawful, where not otherwise unlawful, any primary strike or
primary picketing;
(3) An employer to recognize or bargain with a particular labor
organization as the representative of employees of the employer if
another labor organization has been certified as the elected
representative of such employees; or
(4) An employer to assign particular work to employees in a
particular labor organization or in a particular trade, craft or class
rather than to employees in another labor organization or in another
trade, craft or class, unless the employer is failing to conform to an
order of the Employment Relations Board or certification of the
conciliator determining the bargaining representative for employees
performing the work. [1971 c.729 §11; 2005 c.22 §473](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 (other than the
person’s own employer), if the employees of that employer are engaged in
a strike ratified or approved by an elected and certified representative
of the employees whom the employer is required to recognize.
(2) For the purposes of ORS 663.140 only, nothing in that section
prohibits publicity, other than picketing, for the purpose of truthfully
advising the public, including consumers and members of a labor
organization, that a product is produced by an employer with whom the
labor organization has a primary dispute and is distributed by another
employer, as long as such publicity does not have an effect of inducing
an individual employed by any person other than the primary employer in
the course of employment to refuse to pick up, deliver or transport any
goods, or not to perform any services, at the establishment of the
employer engaged in such distribution. [1971 c.729 §12]
(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; or
(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.However:
(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]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 employer ceases or refrains, or agrees to
cease or refrain, from handling, using, selling, transporting or
otherwise dealing in any of the products of any other employer, or to
cease doing business with any other person. Any contract or agreement
entered into after January 1, 1972, containing such an agreement is to
such extent unenforceable and void. [1971 c.729 §15]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 an unfair labor
practice under any of the provisions of this chapter, if the expression
contains no threat of reprisal or force or promise of benefit. [1971
c.729 §16](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 no party to the contract shall terminate or modify the
contract, unless the party desiring termination or modification:
(a) Serves a written notice upon the other party to the contract of
the proposed termination or modification 60 days before the expiration
date thereof, or in the event the contract contains no expiration date,
60 days before the time it is proposed to make such termination or
modification;
(b) Offers to meet and confer with the other party for the purpose
of negotiating a new contract or a contract containing the proposed
modifications;
(c) Notifies the State Conciliation Service within 30 days after
notice of the existence of a dispute, if no agreement has been reached by
that time; and
(d) Continues in full force and effect, without resorting to strike
or lockout, all the terms and conditions of the existing contract for a
period of 60 days after such notice is given or until the expiration date
of the contract, whichever occurs later.
(2) The duties imposed upon employers, employees and labor
organizations by subsection (1)(b), (c) and (d) of this section:
(a) Become inapplicable upon an intervening election and
certification under which the labor organization or individual which is a
party to the contract has been superseded as or ceased to be the
representative of the employees; and
(b) Do not require either party to discuss or agree to any
modification of the terms and conditions contained in a contract for a
fixed period, if the modification is to become effective before the terms
and conditions can be reopened under the provisions of the contract.
(3) Any employee who engages in a strike within the 60-day period
specified in this section loses status as an employee of the employer
engaged in the particular labor dispute, for the purposes of this
chapter, but the loss of status for the employee terminates if the
employee is reemployed by the employer. [1971 c.729 §17] (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 (1) do not make an unfair labor
practice the performance of any obligation under a collective-bargaining
agreement entered into before January 1, 1972, unless the agreement was
renewed or extended after January 1, 1972. [1971 c.729 §18]REMEDIESAs 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 663.120 to
663.165. This power is not affected by any other means of adjustment or
prevention established by agreement, law, ordinance, regulation or
otherwise. [1971 c.729 §19](1) If it is
charged that a person has engaged in or is engaging in an unfair labor
practice, the Employment Relations Board shall cause an investigation to
be made. If, on the basis of this investigation, it appears to the board
that an issue of fact or law exists as to a violation of ORS 663.120 to
663.165, the board shall cause a complaint to issue. The complaint shall
contain a notice of hearing before the board, at a place therein fixed,
not less than five days after the serving of the complaint.
(2) Notwithstanding subsection (1) of this section, no complaint
shall issue based upon an unfair labor practice occurring more than six
months before the filing of the charge with the board, and the service of
a copy thereof upon the person against whom the charge is made, unless
the person aggrieved thereby was prevented from filing the charge by
reason of service in the Armed Forces of the United States, in which
event the six-month period shall be computed from the day of discharge.
[1971 c.729 §20; 1975 c.147 §15](1) A complaint may be amended by the Employment
Relations Board in its discretion at any time before the issuance of an
order based thereon.
(2) The person so complained of may file an answer to the original
or amended complaint and appear in person or otherwise and give testimony
at the place and time fixed in the complaint. In the discretion of the
board, any other person may be allowed to intervene in the proceeding and
to present testimony.
(3) The proceeding, so far as practicable, shall be conducted in
accordance with the rules of evidence applicable to civil actions. [1971
c.729 §21; 1979 c.284 §190] 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 notice may
take further testimony or hear argument, which shall similarly be reduced
to writing. [1971 c.729 §22] (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 named in the complaint has engaged
in or is engaging in an unfair labor practice, the board shall state its
findings of fact and shall issue an order dismissing the complaint.
(2) If, on the preponderance of evidence taken and in the record,
the board is of the opinion that a person named in the complaint has
engaged in or is engaging in an unfair labor practice, the board shall
state its findings of fact and shall issue and cause to be served on that
person an order requiring the person to cease and desist from the unfair
labor practice and to take such affirmative action, including
reinstatement of employees with or without back pay, as will effectuate
the policies of this chapter.
(3) No order of the board shall require the reinstatement as an
employee of an individual who has been suspended or discharged, or the
payment to the individual of any back pay, if the individual was
suspended or discharged for cause. [1971 c.729 §23](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 labor organization responsible for the discrimination
suffered by the employee.
(2) In determining whether a complaint shall issue alleging a
violation of ORS 663.120 (1) or (2), and in deciding such cases, the same
regulations and rules of decision shall apply irrespective of whether or
not the labor organization affected is affiliated with a labor
organization national or international in scope.
(3) An order further may require a person to make reports from time
to time showing the extent to which it has complied with the order. [1971
c.729 §24](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 time, upon reasonable notice and in
such manner as it considers proper, may modify or set aside in whole or
in part any finding or order made or issued by it.
(2) If an order of the board made pursuant to ORS 663.190, 663.195
and 663.200 is based in whole or in part upon facts certified following
an investigation relating to a representation election and there is a
petition for the enforcement or review of the order, the certification
and the record of the investigation shall be included in the transcript
of the entire record required to be filed under ORS 663.210 or 663.220.
The judgment of the court enforcing, modifying or setting aside in whole
or in part the order of the board shall be made and entered upon the
pleadings, testimony and proceedings set forth in the transcript. [1971
c.729 §25; 2003 c.576 §536]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 shall file in the court the record in
the proceedings. On the filing of the petition the court shall cause
notice thereof to be served upon such person, and thereupon it has
jurisdiction of the proceeding and the question determined therein. It
may grant such temporary relief or restraining order as it considers just
and proper, and make and enter a judgment enforcing, modifying and
enforcing as so modified, or setting aside in whole or in part the order
of the board. [1971 c.729 §26; 2003 c.576 §537](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 urge the objection is excused
because of extraordinary circumstances. The findings of the board with
respect to questions of fact, if supported by substantial evidence on the
record considered as a whole, are conclusive.
(2) If either party applies to the court for leave to adduce
additional evidence and shows to the satisfaction of the court that the
additional evidence is material and that there were reasonable grounds
for the failure to adduce the evidence in the hearing before the board,
the court may order the additional evidence to be taken before the board,
and to be made a part of the record.
(3) The board may modify its findings as to the facts, or make new
findings, by reason of additional evidence so taken and filed, and it
shall file modified or new findings. With respect to questions of fact
the modified or new findings, if supported by substantial evidence on the
record considered as a whole, are conclusive. [1971 c.729 §27](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 obtain a review of the order in the Court of
Appeals by filing in the court a written petition praying that the order
of the board be modified or set aside. A copy of the petition shall be
transmitted forthwith by the clerk of the court to the board and
thereupon the aggrieved party shall file in the court the record in the
proceeding, certified by the board.
(2) On the filing of the petition, the court shall proceed in the
same manner as in the case of an application by the board under ORS
663.210, and it has the same jurisdiction to grant to the board temporary
relief or restraining order as it considers just and proper, and in like
manner to make and enter a judgment enforcing, modifying and enforcing as
so modified, or setting aside in whole or in part the order of the board.
The findings of the board with respect to questions of fact, if supported
by substantial evidence on the record considered as a whole, are in like
manner conclusive. [1971 c.729 §28; 2003 c.576 §538](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 of proceedings under ORS 663.210, 663.215 and
663.220 does not, unless specifically ordered by the court, operate as a
stay of the Employment Relations Board’s order. [1971 c.729 §29]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 in whole or in part an order of the Employment Relations
Board, as provided in ORS 663.175 to 663.260, the jurisdiction of the
court is not limited by ORS 662.010 to 662.130. [1971 c.729 §30; 2003
c.576 §539]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
petition the Court of Appeals for appropriate temporary relief or
restraining order. On the filing of any such petition the court shall
cause notice thereof to be served upon such person, and thereupon has
jurisdiction to grant to the board such temporary relief or restraining
order as the court considers just and proper. [1971 c.729 §31] 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 shall be
given priority over all other cases except cases of like character where
it is filed or referred and cases given priority under ORS 663.250,
663.255 and 663.260. [1971 c.729 §32]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 shall hear and determine the dispute out of which the unfair labor
practice arose unless, within 10 days after notice that the charge has
been filed, the parties to the dispute submit to the board satisfactory
evidence that they have adjusted, or agreed upon methods for the
voluntary adjustment of, the dispute. On compliance by the parties to the
dispute with the decision of the board or upon voluntary adjustment of
the dispute, the charge shall be dismissed. [1971 c.729 §33](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 663.150 or 663.155, the preliminary investigation of the charge shall
be made forthwith and given priority over all other cases except cases of
like character where it is filed or referred. If, after investigation,
the Employment Relations Board or its agent has reasonable cause to
believe the charge is true and that a complaint should issue, the board
shall petition the Court of Appeals for appropriate injunctive relief
pending the final adjudication of the board with respect to the matter.
(2) On the filing of such a petition the court:
(a) Shall cause notice thereof to be served upon any person
involved in the charge. Such person, including the charging party, shall
be given an opportunity to appear by counsel and present any relevant
testimony.
(b) Has jurisdiction to grant such injunctive relief or temporary
restraining order as it considers just and proper, notwithstanding any
other provision of law.
(3) In situations where such relief is appropriate, the procedure
specified in this section applies to charges with respect to ORS 663.140
(4). [1971 c.729 §34; 1975 c.147 §16]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 party will be unavoidable. Such a temporary restraining order is
effective for no longer than five days and is void at the expiration of
that period.
(2) The Employment Relations Board shall not apply for a
restraining order under ORS 663.235 if a charge against the employer
under ORS 663.120 (2) has been filed and, after the preliminary
investigation, the board has reasonable cause to believe that the charge
is true and that a complaint should issue. [1971 c.729 §35; 1975 c.147
§17]
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 party to the suit. [1971 c.729 §36]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 exercise of the powers vested in it by
this chapter. [1971 c.729 §37](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 right to copy, any evidence of a person being investigated or
proceeded against that relates to any matter under investigation or in
question. The board, upon application of a party to such proceedings,
forthwith shall issue to that party subpoenas requiring the attendance
and testimony of witnesses or the production of any evidence in the
proceeding or investigation requested in the application.
(2) Within five days after the service of a subpoena on a person
requiring the production of any evidence in possession or under the
control of the person, the board on petition of that person shall revoke
the subpoena if in its opinion the evidence whose production is required
does not relate to any matter under investigation, or any matter in
question in the proceedings, or if in its opinion the subpoena does not
describe with sufficient particularity the evidence whose production is
required.
(3) The board or its agent designated by it for such purposes, may
administer oaths and affirmations, examine witnesses and receive
evidence. Attendance of witnesses and the production of such evidence may
be required at any designated place of hearing. [1971 c.729 §38; 1975
c.147 §18] 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 inquiry is
carried on or within the jurisdiction of which the person guilty of
contumacy or refusal to obey is found or resides or transacts business,
upon application by the Employment Relations Board or its agent, has
jurisdiction to issue to the person an order requiring the person to
appear before the board or its agent to produce evidence if so ordered,
or to give testimony touching the matter under investigation or in
question. Any failure to obey such order of the court may be punished by
the court as a contempt thereof. [1971 c.729 §39; 1975 c.147 §19]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 under ORS
663.270, on the ground that the testimony or evidence required of the
person may tend to incriminate the person or subject the person to a
penalty or forfeiture. However, no individual shall be prosecuted or
subjected to any penalty or forfeiture for or on account of any
transaction, matter or thing concerning which the individual is
compelled, after having claimed privilege against self-incrimination, to
testify or produce evidence, except that the individual so testifying is
not exempt from prosecution and punishment for perjury committed in so
testifying. [1971 c.729 §40](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, by registered or certified mail,
by telegraph or by leaving a copy thereof at the principal office or
place of business of the person required to be served. The verified
return by the individual so serving setting forth the manner of service
is proof of service. The return post-office receipt or telegraph receipt
therefor, when registered and mailed or telegraphed, is proof of service.
(2) Witnesses summoned before the board or its designated agent
under this chapter shall be paid the fees and mileage provided for
witnesses in ORS 44.415 (2). Witnesses whose depositions are taken and
the persons taking the same are severally entitled to the same fees as
are paid for like services in the courts of this state. [1971 c.729 §41;
1975 c.147 §20; 1989 c.980 §18] 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 be served resides or
may be found. [1971 c.729 §42]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 and information in
their possession relating to any matter before the board. [1971 c.729 §43]_______________CHAPTERS 664 TO 669[Reserved for expansion]
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