Oregon Statutes 663.125 – Other employer unfair labor practices
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:
Terms Used In Oregon Statutes 663.125
- 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 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
- Statute: A law passed by a legislature.
- Unfair labor practice: means any unfair labor practice listed in ORS § 663. See Oregon Statutes 663.005
(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]