ORS Chapter 662
Chapter 662 — LaborDisputes
2009 EDITION
LABORDISPUTES
LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION
LIMITATIONSON JUDICIAL AUTHORITY IN LABOR DISPUTES
662.010 Definitionsfor ORS 662.010 to 662.130
662.020 Declarationof policy as to labor organizations
662.030 Restrictionsin employment contracts on affiliation with labor or employer organizationunenforceable
662.040 Injunctionsin labor disputes generally restricted
662.050 Specificacts that are not enjoinable
662.060 Restrictionson injunctions to prohibit doing in concert acts enumerated in ORS 662.050
662.070 Liabilityof associations and officers and members of associations for unlawful acts ofindividuals
662.080 Hearingand findings of certain facts are prerequisites to injunction
662.090 Noticeof hearing; issuance of temporary injunction without notice; attorney fees
662.100 Compliancewith obligations involved in dispute and making reasonable effort to settle asprerequisites to injunctive relief
662.110 Findingsof fact prerequisite to injunction; scope of injunction
662.120 Appealto Supreme Court
662.130 Contemptproceedings; jury trial; change of judge
STRIKEBREAKERS
662.205 Definitionsfor ORS 662.205 to 662.225
662.215 Prohibitionson use of professional strikebreakers; restrictions on recruiting employeesduring strike
662.225 Prohibitedconduct by professional strikebreaker
STATECONCILIATION SERVICE
662.405 Declarationof policy
662.415 StateConciliation Service established; purpose
662.425 Mediationservices
662.435 Servicesfor state agencies and political subdivisions
662.445 Listof qualified arbitrators; fees
662.455 Conciliatorand other employees
PICKETINGOF AGRICULTURAL PRODUCTION SITES
662.805 Definitionsfor ORS 662.805 to 662.825
662.810 Declarationof policy; right to organize and bargain collectively
662.815 Picketingsites where perishable agricultural crops are being harvested restricted
662.820 Employerto display bilingual notices of picketing restriction
662.825 Jurisdictionto enjoin violations
PENALTIES
662.992 Penalties
LIMITATIONSON JUDICIAL AUTHORITY IN LABOR DISPUTES
662.010Definitions for ORS 662.010 to 662.130. As used in ORS 662.010 to 662.130 andfor the purposes of those sections:
(1)“Labor dispute” includes any controversy concerning terms or conditions ofemployment, or concerning the association or representation of persons innegotiating, fixing, maintaining, changing or seeking to arrange terms orconditions of employment, regardless of whether or not the disputants stand inthe proximate relation of employer and employee.
(2)A case involves or grows out of a labor dispute when the case involves personswho are engaged in the same industry, trade, craft or occupation, or who havedirect or indirect interests therein, or who are employees of the sameemployer, or who are members of the same or an affiliated organization ofemployers or employees, whether such dispute is: (a) Between one or moreemployers or associations of employers and one or more employees or associationsof employees; (b) between one or more employers or associations of employersand one or more employers or associations of employers; or (c) between one ormore employees or associations of employees and one or more employees orassociations of employees; or when the case involves any conflicting orcompeting interests in a labor dispute of persons participating or interestedtherein.
(3)A person or association is a person participating or interested in a labordispute if relief is sought against the person or association, and if theperson or association:
(a)Is engaged in the same industry, trade, craft or occupation in which suchdispute occurs.
(b)Has a direct or indirect interest therein.
(c)Is a member, officer or agent of any association composed in whole or in partof employers or employees engaged in such industry, trade, craft or occupation.[Amended by 1987 c.158 §130]
662.020Declaration of policy as to labor organizations. In theinterpretation of ORS 662.010 to 662.130, and in determining the jurisdictionand authority of the courts of this state, as such jurisdiction and authorityare defined and limited in those statutes, the public policy of Oregon isdeclared as follows: Whereas under prevailing economic conditions, developedwith the aid of governmental authority for owners of property to organize in acorporate and other forms of ownership association, the individual unorganizedworker is commonly helpless to exercise actual liberty of contract and toprotect the individual unorganized worker’s freedom of labor and thereby toobtain acceptable terms and conditions of employment, wherefore, though theworker should be free to decline to associate with the worker’s fellows, it isnecessary that the worker have full freedom of association, self-organizationand designation of representatives of the worker’s own choosing to negotiatethe terms and conditions of employment and that the worker shall be free fromthe interference, restraint or coercion of employers of labor, or their agents,in the designation of such representatives or in self-organization or in otherconcerted activities for the purpose of collective bargaining or other mutualaid or protection; therefore, the definitions of and limitations contained inORS 662.010 to 662.130 upon the jurisdiction and authority of the courts ofthis state hereby are enacted.
662.030Restrictions in employment contracts on affiliation with labor or employer organizationunenforceable.Any undertaking or promise described in this section or any other undertakingor promise in conflict with the public policy declared in ORS 662.020 isdeclared to be contrary to the public policy of Oregon and is not enforceablein any court of this state and does not afford any basis for the granting oflegal or equitable relief by any such court, including specifically, everyundertaking or promise made after June 6, 1931, whether written or oral,express or implied, constituting or contained in any contract or agreement ofhiring or employment between any individual, firm, company, association orcorporation, 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 employerorganization.
(2)Either party to such contract or agreement undertakes or promises that theparty will withdraw from an employment relation in the event that the partyjoins, becomes or remains a member of any labor organization or of any employerorganization.
662.040Injunctions in labor disputes generally restricted. No court, norany judge thereof, shall have jurisdiction to issue any restraining order ortemporary or permanent injunction in a case involving or growing out of a labordispute, except in strict conformity with ORS 662.010 to 662.130, nor shall anysuch restraining order or temporary or permanent injunction be issued contraryto the public policy declared in ORS 662.020.
662.050Specific acts that are not enjoinable. No court, nor any judge thereof, shallhave jurisdiction to issue any restraining order or temporary or permanentinjunction in any case involving or growing out of any labor dispute toprohibit any person or persons participating or interested in such dispute fromdoing, whether singly or in concert, any of the following acts:
(1)Ceasing or refusing to perform any work or to remain in any relation ofemployment.
(2)Becoming or remaining a member of any labor organization or of any employerorganization, regardless of any undertaking or promise, as is described in ORS662.030.
(3)Paying or giving to, or withholding from, any person participating orinterested in such labor dispute, any strike or unemployment benefits orinsurance, or other moneys or things of value.
(4)By all lawful means aiding any person participating or interested in any labordispute who is being proceeded against in, or is prosecuting, any action orsuit 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 notinvolving fraud or violence or intimidation.
(6)Assembling peaceably to act or to organize to act in promotion of theirinterests in a labor dispute.
(7)Advising or notifying any person of any intention to do any of the actsspecified in subsections (1) to (6) of this section.
(8)Agreeing with other persons to do or not to do any of the acts specified insubsections (1) to (7) of this section.
(9)Advising, urging or otherwise causing or inducing without fraud or violence orintimidation, the acts specified in subsections (1) to (8) of this section,regardless of any undertaking or promise, as is described in ORS 662.030.
662.060Restrictions on injunctions to prohibit doing in concert acts enumerated in ORS662.050.No court, nor any judge thereof, shall have jurisdiction to issue a restrainingorder or temporary or permanent injunction upon the ground that any of thepersons participating or interested in a labor dispute constitute or areengaged in an unlawful combination or conspiracy because of the doing inconcert of the acts enumerated in ORS 662.050.
662.070Liability of associations and officers and members of associations for unlawfulacts of individuals.No officer or member of any association or organization, and no association ororganization participating or interested in a labor dispute, shall be heldresponsible or liable in any court of this state for the unlawful acts ofindividual officers, members or agents, except upon clear proof of actualparticipation in, or actual authorization of, such acts, or of ratification ofsuch acts after actual knowledge thereof.
662.080Hearing and findings of certain facts are prerequisites to injunction. No court, norany judge thereof, shall have jurisdiction to issue a temporary or permanentinjunction in any case involving or growing out of a labor dispute, exceptafter hearing the testimony of witnesses in open court, with opportunity forcross-examination, in support of the allegations of a complaint made underoath, and testimony in opposition thereto, if offered, and except afterfindings of fact by the court, to the effect:
(1)That unlawful acts have been threatened and will be committed unlessrestrained, or have been committed and will be continued unless restrained, butno injunction or temporary restraining order shall be issued on account of anythreat or unlawful act excepting against the persons, association ororganization making the threat or committing the unlawful act or actuallyauthorizing 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 uponcomplainant by the denial of relief than will be inflicted upon defendants bythe granting of relief.
(4)That complainant has no adequate remedy at law.
(5)That the public officers charged with the duty to protect complainant’sproperty are unable or unwilling to furnish adequate protection.
662.090Notice of hearing; issuance of temporary injunction without notice; attorneyfees.(1) The hearing shall be held after due and personal notice thereof has beengiven, in such manner as the court shall direct, to all known persons againstwhom relief is sought, and also to the chief of those public officials of thecounty and city within which the unlawful acts have been threatened or committedcharged with the duty to protect complainant’s property. However, if acomplainant also alleges that, unless a temporary restraining order is issuedwithout notice, a substantial and irreparable injury to complainant’s propertywill be unavoidable, such a temporary restraining order may be issued upontestimony under oath, sufficient, if sustained, to justify the court in issuinga temporary injunction upon a hearing after notice. Such a temporaryrestraining order shall be effective for no longer than five days and shallbecome void at the expiration of the five days.
(2)No temporary restraining order or temporary injunction shall be issued excepton condition that complainant first files an undertaking with adequate securityin an amount to be fixed by the court sufficient to recompense those enjoinedfor any loss, expense or damage caused by the improvident or erroneous issuanceof such order or injunction, including all reasonable costs, together with areasonable attorney fee at trial and on appeal and expense of defense againstthe order or against the granting of any injunctive relief sought in the sameproceeding and subsequently denied by the court.
(3)The undertaking mentioned in subsection (2) of this section shall be understoodto signify an agreement entered into by the complainant and the surety uponwhich a judgment may be rendered in the same action or proceeding against thecomplainant and surety, upon a hearing to assess damages of which hearingcomplainant and surety shall have reasonable notice, the complainant and suretysubmitting themselves to the jurisdiction of the court for that purpose. Thissection does not deprive any party having a claim or cause of action under orupon such undertaking from electing to pursue the ordinary remedy of the partyby action for legal or equitable remedies. [Amended by 1979 c.284 §188; 1981c.897 §98]
662.100Compliance with obligations involved in dispute and making reasonable effort tosettle as prerequisites to injunctive relief. No restraining order orinjunctive relief shall be granted to any complainant who has failed to complywith any obligation imposed by law which is involved in the labor dispute inquestion, or who has failed to make every reasonable effort to settle suchdispute, either by negotiation or with the aid of any available governmentalmachinery of mediation or voluntary arbitration.
662.110Findings of fact prerequisite to injunction; scope of injunction. (1) Norestraining order or temporary or permanent injunction shall be granted in acase involving or growing out of a labor dispute, except on the basis offindings of fact made and filed by the court in the record of the case prior tothe issuance of such restraining order or injunction.
(2)Every restraining order or injunction granted in a case involving or growingout of a labor dispute shall include only a prohibition of such specific actsas may expressly be complained of in the bill of complaint or petition filed insuch case and as shall expressly be included in the findings of fact made andfiled by the court.
662.120Appeal to Supreme Court. Whenever any court or judge thereof issues ordenies any temporary injunction in a case involving or growing out of a labordispute, the court shall, upon the request of any party to the proceedings andon 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 ofsuch record in the Supreme Court, the appeal shall be heard and the temporaryinjunctive order affirmed, modified or set aside with the greatest possibleexpedition, giving the proceedings precedence over all other matters, exceptolder matters of the same character.
662.130Contempt proceedings; jury trial; change of judge. (1) In allcases arising under ORS 662.010 to 662.130 in which a person is charged withcontempt in a court of this state, the accused shall enjoy the right to aspeedy and public trial by an impartial jury wherein the contempt has beencommitted; provided, this right shall not apply to contempts committed in thepresence of the court or so near thereto as to interfere directly with theadministration of justice or to the misbehavior, misconduct or disobedience ofany officer of the court in respect to the writs, orders or process of thecourt.
(2)The defendant in any proceeding for contempt of court may file with the court ademand for the retirement of the judge sitting in the proceeding, if thecontempt arises from an attack upon the character or conduct of such judge andif the attack occurred elsewhere than in the presence of the court or so nearthereto as to interfere directly with the administration of justice. Upon thefiling of any such demand the judge shall thereupon proceed no further, but anotherjudge shall be designated as provided by law. The demand shall be filed priorto the hearing in the contempt proceeding.
(3)Except as provided in subsections (1) and (2) of this section, proceedings forimposition of sanctions for contempt shall be conducted as provided under ORS33.015 to 33.155. [Amended by 1991 c.724 §29]
STRIKEBREAKERS
662.205Definitions for ORS 662.205 to 662.225. 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 orother entity, or any agent thereof, that employs an individual to performservices for a wage or salary.
(3)“For the duration of a strike or lockout” includes that period of timebeginning one month before initiation of a strike or lockout and ending onemonth after termination of the strike or lockout.
(4)“Lockout” means any refusal by an employer to permit employees to work as aresult of a dispute with such employees affecting wages, hours or other termsor conditions of their employment.
(5)“Professional strikebreaker” means a person who currently offers to replace anemployee involved in a strike or lockout, for the duration of that strike orlockout; and who, within the preceding five-year period, has on two or moreprevious occasions offered to replace an employee involved in a strike orlockout, for the duration of that strike or lockout. However, professionalstrikebreaker does not include any person who is the owner of a partnership,firm, corporation, association or other entity or the family of the owner orany person designated as supervisory personnel. As used in this section, ownerincludes a producer of agricultural commodities or a member of a cooperative association.
(6)“Strike” means any concerted act of employees in a lawful refusal underapplicable state or federal law to perform work or services for an employer. [1975c.645 §1; 1987 c.158 §131]
662.210 [Repealed by1971 c.729 §47]
662.215Prohibitions on use of professional strikebreakers; restrictions on recruitingemployees during strike. No employer shall:
(1)Knowingly utilize any professional strikebreaker to replace an employeeinvolved in a strike or lockout, for the duration of that strike or lockout.
(2)Recruit, solicit or advertise for individuals to replace employees involved ina strike or lockout, for the duration of the strike or lockout, unless theemployer gives notice to such individual that there is a strike or lockout atthe place at which employment is offered and that the employment offered is forthe purpose of replacing an employee involved in the strike or lockout, for theduration of such strike or lockout. [1975 c.645 §2]
662.220 [Repealed by1971 c.729 §47]
662.225Prohibited conduct by professional strikebreaker. No professionalstrikebreaker shall knowingly become employed or offer to become employed forthe purpose of replacing an employee involved in a strike or lockout, for theduration of that strike or lockout. [1975 c.645 §3]
662.230 [Repealed by1971 c.729 §47]
662.240 [Repealed by1971 c.729 §47]
662.310 [Repealed by1953 c.723 §22]
662.320 [Repealed by1953 c.723 §22]
662.330 [Repealed by1953 c.723 §22]
662.340 [Repealed by1953 c.723 §22]
STATECONCILIATION SERVICE
662.405Declaration of policy. It hereby is declared to be the public policy ofthe State of Oregon that the best interests of the people of this state areserved by fostering collective bargaining and by the prevention of or the promptsettlement of labor controversies, strikes and lockouts; that sound and stableindustrial peace and the advancement of the general welfare of the state and ofthe best interests of employers and employees can most satisfactorily besecured by the settlement of issues between employers and employees through theprocesses of conference and collective bargaining between employers andemployees; that the settlement of issues between employers and employeesthrough collective bargaining may be advanced by making available full andadequate government facilities for conciliation, mediation and voluntaryarbitration to aid and encourage employers and employees to reach and maintainagreements concerning rates of pay, hours and working conditions and to make allreasonable efforts to settle their differences by mutual agreement reachedthrough conferences and collective bargaining. [1957 c.122 §1]