Oregon Statutes 663.250 – Priority of investigating certain unfair labor practice charges; injunctive relief pending disposition of case; notice of petition; court authority
(1) If it is charged that a person has engaged in an unfair labor practice within the meaning of ORS § 663.140 (1) to (3) or 663.150 or 663.155, the preliminary investigation of the charge shall be made forthwith and given priority over all other cases except cases of like character where it is filed or referred. If, after investigation, the Employment Relations Board or its agent has reasonable cause to believe the charge is true and that a complaint should issue, the board shall petition the Court of Appeals for appropriate injunctive relief pending the final adjudication of the board with respect to the matter.
Terms Used In Oregon Statutes 663.250
- Board: means the Employment Relations Board. See Oregon Statutes 663.005
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Unfair labor practice: means any unfair labor practice listed in ORS § 663. See Oregon Statutes 663.005
(2) On the filing of such a petition the court:
(a) Shall cause notice thereof to be served upon any person involved in the charge. Such person, including the charging party, shall be given an opportunity to appear by counsel and present any relevant testimony.
(b) Has jurisdiction to grant such injunctive relief or temporary restraining order as it considers just and proper, notwithstanding any other provision of law.
(3) In situations where such relief is appropriate, the procedure specified in this section applies to charges with respect to ORS § 663.140 (4). [1971 c.729 § 34; 1975 c.147 § 16]