Oregon Revised Statutes
As used in ORS 662.010 to 662.130, “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 …
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: Under prevailing economic conditions, developed with the aid of governmental authority for owners of …
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…
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 …
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: Ceasing or refusing to perfor…
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, o…
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,…
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 pro…
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 vo…
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. Every restraining order or injunction granted in a case involving or gro…
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 s…
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 in…
As used in ORS 662.205 to 662.225: “Employee” means any individual who performs services for wages or salary. “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. “For the duration of a strike or lockout” includes that period of …
No employer shall: Knowingly utilize any professional strikebreaker to replace an employee involved in a strike or lockout, for the duration of that strike or lockout. 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 indivi…
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.
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 an…
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.
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 session and invite the parties to attend to participate in mediation of their differ…
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 po…
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. An individual who applies to be included on the list of qualified arbitrators shall pay the State Conciliation Service an application fee of $100. A qualified arbitrator who is included on the li…
The State Conciliation Service shall be headed by the conciliator, who shall be appointed by the chairperson of the Employment Relations Board.
PICKETING OF AGRICULTURAL PRODUCTION SITES
As used in ORS 662.805 to 662.825, unless the context requires otherwise: “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 co…
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 was…
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.
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…
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 oth…
PENALTIES
Violation of ORS 662.225 is a misdemeanor. Violation of ORS 662.215 is a Class A violation. _______________