Oregon Statutes 243.670 – Prohibition of actions by public employer to assist, promote or deter union organizing; rules
(1) As used in this section:
Terms Used In Oregon Statutes 243.670
- Plaintiff: The person who files the complaint in a civil lawsuit.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
(a) ‘Assist, promote or deter union organizing’ means any attempt by a public employer to influence the decision of any or all of its employees or the employees of its subcontractors regarding:
(A) Whether to support or oppose a labor organization that represents or seeks to represent those employees; or
(B) Whether to become a member of any labor organization.
(b) ‘Public funds’ means moneys drawn from the State Treasury or any special or trust fund of the state government, including any moneys appropriated by the state government and transferred to any public body, as defined in ORS § 174.109, and any other moneys under the control of a public official by virtue of office.
(c) ‘Public property’ means any real property or facility owned or leased by a public employer.
(2) A public employer may not:
(a) Use public funds to support actions to assist, promote or deter union organizing; or
(b) Discharge, demote, harass or otherwise take adverse action against any individual because the individual seeks to enforce this section or testifies, assists or participates in any manner in an investigation, hearing or other proceeding to enforce this section.
(3) If an employee requests the opinion of the employee’s employer or supervisor about union organizing, nothing in this section prohibits the employer or supervisor from responding to the request of the employee.
(4) This section does not apply to an activity performed, or to an expense incurred, in connection with:
(a) Addressing a grievance or negotiating or administering a collective bargaining agreement.
(b) Allowing a labor organization or its representatives access to the public employer’s facilities or property.
(c) Performing an activity required by federal or state law or by a collective bargaining agreement.
(d) Negotiating, entering into or carrying out an agreement with a labor organization.
(e) Paying wages to a represented employee while the employee is performing duties if the payment is permitted under a collective bargaining agreement.
(5)(a) This section shall be enforced by the Employment Relations Board, which shall adopt rules necessary to implement and administer compliance. A resident of this state may intervene as a plaintiff in any action brought under this section.
(b) Nothing in this section prohibits a public employer from spending public funds for the purpose of:
(A) Representing the public employer in a proceeding before the board or in a judicial review of that proceeding;
(B) Granting paid release time under ORS § 243.802; or
(C) Providing paid excused time to public employees who engage in the activities described under ORS § 243.798. [2013 c.663 § 4; 2019 c.429 § 10]
(Unfair Labor Practices)