Oregon Statutes 663.165 – Procedure for terminating or modifying existing collective bargaining contract; notice; negotiation meetings
(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:
Terms Used In Oregon Statutes 663.165
- Contract: A legal written agreement that becomes binding when signed.
- 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. See Oregon Statutes 663.005
- 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. See Oregon Statutes 663.005
- 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. See Oregon Statutes 663.005
- 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. See Oregon Statutes 663.005
- Representative: includes an individual or labor organization. See Oregon Statutes 663.005
(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]