Oregon Statutes 663.150 – Picketing to force recognition of or bargaining with union
(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:
Terms Used In Oregon Statutes 663.150
- Board: means the Employment Relations Board. See Oregon Statutes 663.005
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Representative: includes an individual or labor organization. See Oregon Statutes 663.005
- Unfair labor practice: means any unfair labor practice listed in ORS § 663. See Oregon Statutes 663.005
(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;
(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; 2007 c.71 § 218]