2007 Oregon Code - Chapter 662 :: Chapter 662 - Labor Disputes
Chapter 662 —
Labor Disputes
2007 EDITION
LABOR DISPUTES
LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION
LIMITATIONS ON JUDICIAL AUTHORITY IN LABOR
DISPUTES
662.010Â Â Â Â Definitions
for ORS 662.010 to 662.130
662.020Â Â Â Â Declaration
of policy as to labor organizations
662.030Â Â Â Â Restrictions
in employment contracts on affiliation with labor or employer organization
unenforceable
662.040Â Â Â Â Injunctions
in labor disputes generally restricted
662.050Â Â Â Â Specific
acts that are not enjoinable
662.060Â Â Â Â Restrictions
on injunctions to prohibit doing in concert acts enumerated in ORS 662.050
662.070Â Â Â Â Liability
of associations and officers and members of associations for unlawful acts of
individuals
662.080Â Â Â Â Hearing
and findings of certain facts are prerequisites to injunction
662.090Â Â Â Â Notice
of hearing; issuance of temporary injunction without notice; attorney fees
662.100Â Â Â Â Compliance
with obligations involved in dispute and making reasonable effort to settle as
prerequisites to injunctive relief
662.110Â Â Â Â Findings
of fact prerequisite to injunction; scope of injunction
662.120Â Â Â Â Appeal
to Supreme Court
662.130Â Â Â Â Contempt
proceedings; jury trial; change of judge
STRIKEBREAKERS
662.205Â Â Â Â Definitions
for ORS 662.205 to 662.225
662.215Â Â Â Â Prohibitions
on use of professional strikebreakers; restrictions on recruiting employees
during strike
662.225Â Â Â Â Prohibited
conduct by professional strikebreaker
STATE CONCILIATION SERVICE
662.405Â Â Â Â Declaration
of policy
662.415Â Â Â Â State
Conciliation Service established; purpose
662.425Â Â Â Â Mediation
services
662.435Â Â Â Â Services
for state agencies and political subdivisions
662.445Â Â Â Â List
of qualified arbitrators; fees
662.455Â Â Â Â Conciliator
and other employees
PICKETING OF AGRICULTURAL PRODUCTION SITES
662.805Â Â Â Â Definitions
for ORS 662.805 to 662.825
662.810Â Â Â Â Declaration
of policy; right to organize and bargain collectively
662.815Â Â Â Â Picketing
sites where perishable agricultural crops are being harvested restricted
662.820Â Â Â Â Employer
to display bilingual notices of picketing restriction
662.825Â Â Â Â Jurisdiction
to enjoin violations
PENALTIES
662.992Â Â Â Â Penalties
LIMITATIONS ON JUDICIAL AUTHORITY IN LABOR
DISPUTES
     662.010
Definitions for ORS 662.010 to 662.130. As used in ORS 662.010 to 662.130 and for the purposes of those
sections:
     (1) “Labor dispute” includes any controversy
concerning terms 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 or
not the disputants stand in the proximate relation of employer and employee.
     (2) A case involves or grows out of a
labor dispute when the case involves persons who are engaged in the same
industry, trade, craft or occupation, or who have direct or indirect interests
therein, or who are employees of the same employer, or who are members of the
same or an affiliated organization of employers or employees, whether such
dispute is: (a) Between one or more employers or associations of employers and
one or more employees or associations of employees; (b) between one or more
employers or associations of employers and one or more employers or
associations of employers; or (c) between one or more employees or associations
of employees and one or more employees or associations of employees; or when
the case involves any conflicting or competing interests in a labor dispute of
persons participating or interested therein.
     (3) A person or association is a person
participating or interested in a labor dispute if relief is sought against the
person or association, and if the person or association:
     (a) Is engaged in the same industry,
trade, craft or occupation in which such dispute occurs.
     (b) Has a direct or indirect interest
therein.
     (c) Is a member, officer or agent of any
association composed in whole or in part of employers or employees engaged in
such industry, trade, craft or occupation. [Amended by 1987 c.158 §130]
     662.020
Declaration of policy as to labor organizations. In the interpretation of ORS 662.010 to
662.130, and in determining the jurisdiction and authority of the courts of
this state, as such jurisdiction and authority are defined and limited in those
statutes, the public policy of Oregon is declared as follows: Whereas under
prevailing economic conditions, developed with the aid of governmental
authority for owners of property to organize in a corporate and other forms of
ownership association, the individual unorganized worker is commonly helpless
to exercise actual liberty of contract and to protect the individual unorganized
workerÂ’s freedom of labor and thereby to obtain acceptable terms and conditions
of employment, wherefore, though the worker should be free to decline to
associate with the workerÂ’s fellows, it is necessary that the worker have full
freedom of association, self-organization and designation of representatives of
the workerÂ’s own choosing to negotiate the terms and conditions of employment
and that the worker shall be free from the interference, restraint or coercion
of employers of labor, or their agents, in the designation of such
representatives or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protection;
therefore, the definitions of and limitations contained in ORS 662.010 to
662.130 upon the jurisdiction and authority of the courts of this state hereby
are enacted.
     662.030
Restrictions in employment contracts on affiliation with labor or employer organization
unenforceable. Any
undertaking or promise described in this section or any other undertaking or
promise in conflict with the public policy declared in ORS 662.020 is declared
to be contrary to the public policy of Oregon and is not enforceable in any
court of this state and does not afford any basis for the granting of legal or
equitable relief by any such court, including specifically, every undertaking
or promise made after June 6, 1931, whether written or oral, express or
implied, constituting or contained in any contract or agreement of hiring or
employment between any individual, firm, company, association or corporation,
and any employee or prospective employee of the same, whereby:
     (1) Either party to such contract or
agreement undertakes or promises not to join, become or remain a member of any
labor organization or of any employer organization.
     (2) Either party to such contract or
agreement undertakes or promises that the party will withdraw from an
employment relation in the event that the party joins, becomes or remains a
member of any labor organization or of any employer organization.
     662.040
Injunctions in labor disputes generally restricted. No court, nor any judge thereof, shall have
jurisdiction to issue any restraining order or temporary or permanent
injunction in a case involving or growing out of a labor dispute, except in
strict conformity with ORS 662.010 to 662.130, nor shall any such restraining
order or temporary or permanent injunction be issued contrary to the public
policy declared in ORS 662.020.
     662.050
Specific acts that are not enjoinable. No court, nor any judge thereof, shall have jurisdiction to issue any
restraining order or temporary or permanent injunction in any case involving or
growing out of any labor dispute to prohibit any person or persons
participating or interested in such dispute from doing, whether singly or in
concert, any of the following acts:
     (1) Ceasing or refusing to perform any
work or to remain in any relation of employment.
     (2) Becoming or remaining a member of any
labor organization or of any employer organization, regardless of any
undertaking or promise, as is described in ORS 662.030.
     (3) Paying or giving to, or withholding
from, any person participating or interested in such labor dispute, any strike
or unemployment benefits or insurance, or other moneys or things of value.
     (4) By all lawful means aiding any person
participating or interested in any labor dispute who is being proceeded against
in, or is prosecuting, any action or suit in any court of the United States or
of any state.
     (5) Giving publicity to the existence of,
or facts involved in, any labor dispute, whether by advertising, speaking,
patrolling or by any other method not involving fraud or violence or
intimidation.
     (6) Assembling peaceably to act or to
organize to act in promotion of their interests in a labor dispute.
     (7) Advising or notifying any person of
any intention to do any of the acts specified in subsections (1) to (6) of this
section.
     (8) Agreeing with other persons to do or
not to do any of the acts specified in subsections (1) to (7) of this section.
     (9) Advising, urging or otherwise causing
or inducing without fraud or violence or intimidation, the acts specified in
subsections (1) to (8) of this section, regardless of any undertaking or
promise, as is described in ORS 662.030.
     662.060
Restrictions on injunctions to prohibit doing in concert acts enumerated in ORS
662.050. No court, nor any
judge thereof, shall have jurisdiction to issue a restraining order or
temporary or permanent injunction upon the ground that any of the persons
participating or interested in a labor dispute constitute or are engaged in an
unlawful combination or conspiracy because of the doing in concert of the acts
enumerated in ORS 662.050.
     662.070
Liability of associations and officers and members of associations for unlawful
acts of individuals. No
officer or member of any association or organization, and no association or
organization participating or interested in a labor dispute, shall be held
responsible or liable in any court of this state for the unlawful acts of
individual officers, members or agents, except upon clear proof of actual
participation in, or actual authorization of, such acts, or of ratification of
such acts after actual knowledge thereof.
     662.080
Hearing and findings of certain facts are prerequisites to injunction. No court, nor any judge thereof, shall have
jurisdiction to issue a temporary or permanent injunction in any case involving
or growing out of a labor dispute, except after hearing the testimony of
witnesses in open court, with opportunity for cross-examination, in support of
the allegations of a complaint made under oath, and testimony in opposition
thereto, if offered, and except after findings of fact by the court, to the
effect:
     (1) That unlawful acts have been
threatened and will be committed unless restrained, or have been committed and
will be continued unless restrained, but no injunction or temporary restraining
order shall be issued on account of any threat or unlawful act excepting
against the persons, association or organization making the threat or
committing the unlawful act or actually authorizing or ratifying the same after
actual knowledge thereof.
     (2) That substantial and irreparable
injury to complainantÂ’s property will follow.
     (3) That as to each item of relief granted
greater injury will be inflicted upon complainant by the denial of relief than
will be inflicted upon defendants by the granting of relief.
     (4) That complainant has no adequate
remedy at law.
     (5) That the public officers charged with
the duty to protect complainantÂ’s property are unable or unwilling to furnish
adequate protection.
     662.090
Notice of hearing; issuance of temporary injunction without notice; attorney
fees. (1) The hearing shall
be held after due and personal notice thereof has been given, in such manner as
the court shall direct, to all known persons against whom relief is sought, and
also to the chief of those public officials of the county and city within which
the unlawful acts have been threatened or committed charged with the duty to
protect complainantÂ’s property. However, if a complainant also alleges that,
unless a temporary restraining order is issued without notice, a substantial
and irreparable injury to complainantÂ’s property will be unavoidable, such a temporary
restraining order may be issued upon testimony under oath, sufficient, if
sustained, to justify the court in issuing a temporary injunction upon a
hearing after notice. Such a temporary restraining order shall be effective for
no longer than five days and shall become void at the expiration of the five
days.
     (2) No temporary restraining order or
temporary injunction shall be issued except on condition that complainant first
files an undertaking with adequate security in an amount to be fixed by the
court sufficient to recompense those enjoined for any loss, expense or damage
caused by the improvident or erroneous issuance of such order or injunction,
including all reasonable costs, together with a reasonable attorney fee at
trial and on appeal and expense of defense against the order or against the
granting of any injunctive relief sought in the same proceeding and
subsequently denied by the court.
     (3) The undertaking mentioned in
subsection (2) of this section shall be understood to signify an agreement
entered into by the complainant and the surety upon which a judgment may be
rendered in the same action or proceeding against the complainant and surety,
upon a hearing to assess damages of which hearing complainant and surety shall
have reasonable notice, the complainant and surety submitting themselves to the
jurisdiction of the court for that purpose. This section does not deprive any
party having a claim or cause of action under or upon such undertaking from
electing to pursue the ordinary remedy of the party by action for legal or
equitable remedies. [Amended by 1979 c.284 §188; 1981 c.897 §98]
     662.100
Compliance with obligations involved in dispute and making reasonable effort to
settle as prerequisites to injunctive relief. No restraining order or injunctive relief shall be granted to any
complainant who has failed to comply with any obligation imposed by law which
is involved in the labor dispute in question, or who has failed to make every
reasonable effort to settle such dispute, either by negotiation or with the aid
of any available governmental machinery of mediation or voluntary arbitration.
     662.110
Findings of fact prerequisite to injunction; scope of injunction. (1) No restraining order or temporary or
permanent injunction shall be granted in a case involving or growing out of a
labor dispute, except on the basis of findings of fact made and filed by the
court in the record of the case prior to the issuance of such restraining order
or injunction.
     (2) Every restraining order or injunction
granted in a case involving or growing out of a labor dispute shall include
only a prohibition of such specific acts as may expressly be complained of in
the bill of complaint or petition filed in such case and as shall expressly be
included in the findings of fact made and filed by the court.
     662.120
Appeal to Supreme Court.
Whenever any court or judge thereof issues or denies any temporary injunction
in a case involving or growing out of a labor dispute, the court shall, upon
the request of any party to the proceedings and on filing the usual bond for
costs, forthwith certify, as in ordinary cases, the record of the case to the
Supreme Court for its review. Upon the filing of such record in the Supreme
Court, the appeal shall be heard and the temporary injunctive order affirmed,
modified or set aside with the greatest possible expedition, giving the
proceedings precedence over all other matters, except older matters of the same
character.
     662.130
Contempt proceedings; jury trial; change of judge. (1) In all cases arising under ORS 662.010
to 662.130 in which a person is charged with contempt in a court of this state,
the accused shall enjoy the right to a speedy and public trial by an impartial
jury wherein the contempt has been committed; provided, this right shall not
apply to contempts committed in the presence of the court or so near thereto as
to interfere directly with the administration of justice or to the misbehavior,
misconduct or disobedience of any officer of the court in respect to the writs,
orders or process of the court.
     (2) The defendant in any proceeding for
contempt of court may file with the court a demand for the retirement of the
judge sitting in the proceeding, if the contempt arises from an attack upon the
character or conduct of such judge and if the attack occurred elsewhere than in
the presence of the court or so near thereto as to interfere directly with the
administration of justice. Upon the filing of any such demand the judge shall
thereupon proceed no further, but another judge shall be designated as provided
by law. The demand shall be filed prior to the hearing in the contempt
proceeding.
     (3) Except as provided in subsections (1)
and (2) of this section, proceedings for imposition of sanctions for contempt
shall be conducted as provided under ORS 33.015 to 33.155. [Amended by 1991
c.724 §29]
STRIKEBREAKERS
     662.205
Definitions for ORS 662.205 to 662.225. As used in ORS 662.205 to 662.225:
     (1) “Employee” means any individual who
performs services for wages or salary.
     (2) “Employer” means any person,
partnership, firm, corporation, association or other entity, or any agent
thereof, that employs an individual to perform services for a wage or salary.
     (3) “For the duration of a strike or
lockout” includes that period of time beginning one month before initiation of
a strike or lockout and ending one month after termination of the strike or
lockout.
     (4) “Lockout” means any refusal by an
employer to permit employees to work as a result of a dispute with such
employees affecting wages, hours or other terms or conditions of their
employment.
     (5) “Professional strikebreaker” means a
person who currently offers to replace an employee involved in a strike or
lockout, for the duration of that strike or lockout; and who, within the
preceding five-year period, has on two or more previous occasions offered to
replace an employee involved in a strike or lockout, for the duration of that
strike or lockout. However, professional strikebreaker does not include any
person who is the owner of a partnership, firm, corporation, association or
other entity or the family of the owner or any person designated as supervisory
personnel. As used in this section, owner includes a producer of agricultural
commodities or a member of a cooperative association.
     (6) “Strike” means any concerted act of
employees in a lawful refusal under applicable state or federal law to perform
work or services for an employer. [1975 c.645 §1; 1987 c.158 §131]
     662.210 [Repealed by 1971 c.729 §47]
     662.215
Prohibitions on use of professional strikebreakers; restrictions on recruiting
employees during strike. No
employer shall:
     (1) Knowingly utilize any professional
strikebreaker to replace an employee involved in a strike or lockout, for the
duration of that strike or lockout.
     (2) Recruit, solicit or advertise for
individuals to replace employees involved in a strike or lockout, for the
duration of the strike or lockout, unless the employer gives notice to such
individual that there is a strike or lockout at the place at which employment
is offered and that the employment offered is for the purpose of replacing an
employee involved in the strike or lockout, for the duration of such strike or
lockout. [1975 c.645 §2]
     662.220 [Repealed by 1971 c.729 §47]
     662.225
Prohibited conduct by professional strikebreaker. No professional strikebreaker shall
knowingly become employed or offer to become employed for the purpose of
replacing an employee involved in a strike or lockout, for the duration of that
strike or lockout. [1975 c.645 §3]
     662.230 [Repealed by 1971 c.729 §47]
     662.240 [Repealed by 1971 c.729 §47]
     662.310 [Repealed by 1953 c.723 §22]
     662.320 [Repealed by 1953 c.723 §22]
     662.330 [Repealed by 1953 c.723 §22]
     662.340 [Repealed by 1953 c.723 §22]
STATE
CONCILIATION SERVICE
     662.405
Declaration of policy. It
hereby is declared to be the public policy of the State of Oregon that the best
interests of the people of this state are served by fostering collective
bargaining and by the prevention of or the prompt settlement of labor
controversies, strikes and lockouts; that sound and stable industrial peace and
the advancement of the general welfare of the state and of the best interests
of employers and employees can most satisfactorily be secured by the settlement
of issues between employers and employees through the processes of conference
and collective bargaining between employers and employees; that the settlement
of issues between employers and employees through collective bargaining may be
advanced by making available full and adequate government facilities for
conciliation, mediation and voluntary arbitration to aid and encourage
employers and employees to reach and maintain agreements concerning rates of
pay, hours and working conditions and to make all reasonable efforts to settle
their differences by mutual agreement reached through conferences and
collective bargaining. [1957 c.122 §1]
     662.410 [Repealed by 1957 c.122 §5]
     662.415
State Conciliation Service established; purpose. A State Conciliation Service hereby is
established within the Employment Relations Board with the primary
responsibility for fostering collective bargaining by rendering voluntary
assistance to employers and employees in resolving their differences without
resort to strikes, lockouts or other forms of conflict. [1957 c.122 §2(1); 1969
c.671 §13]
     662.420 [Repealed by 1957 c.122 §5]
     662.425
Mediation services. (1) When
any party to a labor controversy notifies the State Conciliation Service that a
labor controversy exists or is imminent, the conciliator, if the conciliator
determines that a labor controversy exists or is imminent, shall immediately
set a time and place for a mediation conference and invite the parties to
attend to participate in mediation of their differences.
     (2) When it comes to the attention of the
conciliator that a labor controversy exists or is imminent, the conciliator may
offer mediation services if the conciliator deems it to be in the public
interest.
     (3) At the request of the Governor, the
Employment Relations Board shall instruct the conciliator to investigate any
existing or imminent labor dispute, or controversy in the public sector and
report the facts of the dispute and the matters in issue to the Governor. [1957
c.122 §3; 1969 c.671 §14]
     662.430 [Repealed by 1957 c.122 §5]
     662.435
Services for state agencies and political subdivisions. The services and facilities of the State
Conciliation Service and the conciliator shall be made available to the State
of Oregon or any of its agencies, boards, commissions or other branches or any
of the political subdivisions of the state and to the public employees of the
State of Oregon in all its agencies, boards, commissions or other branches or
its political subdivisions in the same manner as such facilities are available
to private employers and their employees. [1957 c.122 §4; 1959 c.184 §1; 1969
c.671 §15]
     662.440 [Repealed by 1957 c.122 §5]
     662.445
List of qualified arbitrators; fees. (1) The State Conciliation Service shall maintain a list of qualified
arbitrators who may be available to the parties to a labor controversy if the
parties so request.
     (2) An individual who applies to be
included on the list of qualified arbitrators shall pay the State Conciliation
Service an application fee of $50. A qualified arbitrator who is included on
the list shall pay the State Conciliation Service an annual fee of $100 to
remain on the list.
     (3) Fees received by the State
Conciliation Service under this section shall be deposited to the credit of the
Employment Relations Board Administrative Account. [1957 c.122 §2(3); 2007
c.477 §1,3]
     662.450 [Repealed by 1957 c.122 §5]
     662.455
Conciliator and other employees. The head of the State Conciliation Service shall be the conciliator
who shall be appointed by the Executive Secretary of the Employment Relations
Board, with the approval of the board. The conciliator and all other employees
of the State Conciliation Service shall be subject to the State Personnel
Relations Law. [1957 c.122 §2(2); 1969 c.671 §16]
     662.460 [Repealed by 1957 c.122 §5]
     662.470 [Repealed by 1957 c.122 §5]
     662.480 [Repealed by 1957 c.122 §5]
     662.490 [Repealed by 1957 c.122 §5]
     662.500 [Repealed by 1957 c.122 §5]
     662.505 [1961 c.690 §1; 1969 c.671 §17; 1971 c.729 §1;
renumbered 663.005]
     662.510 [Repealed by 1957 c.122 §5]
     662.515 [1961 c.690 §2; renumbered 663.010]
     662.520 [Repealed by 1957 c.122 §5]
     662.525 [1961 c.690 §3; renumbered 663.015]
     662.530 [Repealed by 1957 c.122 §5]
     662.535 [1961 c.690 §20; repealed by 1971 c.729 §47]
     662.540 [Repealed by 1957 c.122 §5]
     662.545 [1961 c.690 §4; renumbered 663.020]
     662.550 [Repealed by 1957 c.122 §5]
     662.555 [1961 c.690 §5; renumbered 663.025]
     662.565 [1961 c.690 §6; renumbered 663.030]
     662.575 [1961 c.690 §7; renumbered 663.035]
     662.585 [1961 c.690 §8(1); 1971 c.729 §44;
renumbered 663.040]
     662.595 [1961 c.690 §8(2), (3); renumbered 663.045]
     662.605 [1961 c.690 §9; 1969 c.695 §14; renumbered
663.300]
     662.610 [1953 c.723 §1; repealed by 1959 c.55 §1]
     662.615 [1961 c.690 §§11, 13, 15; 1965 c.195 §2;
1969 c.314 §72; renumbered 663.305]
     662.620 [1953 c.723 §2; repealed by 1959 c.55 §1]
     662.625 [1961 c.690 §14; renumbered 663.310]
     662.630 [1953 c.723 §3; repealed by 1959 c.55 §1]
     662.635 [1961 c.690 §12; renumbered 663.315]
     662.640 [1953 c.723 §4; repealed by 1959 c.55 §1]
     662.645 [1961 c.690 §19; 1971 c.729 §45; renumbered
663.320]
     662.650 [1953 c.723 §5; repealed by 1959 c.55 §1]
     662.655 [1961 c.690 §16; 1971 c.729 §46; renumbered
663.325]
     662.660 [1953 c.723 §6; repealed by 1959 c.55 §1]
     662.670 [1953 c.723 §7; repealed by 1959 c.55 §1]
     662.680 [1953 c.723 §8; repealed by 1959 c.55 §1]
     662.690 [1953 c.723 §9; repealed by 1959 c.55 §1]
     662.700 [1953 c.723 §10; repealed by 1959 c.55 §1]
     662.705 [1961 c.720 §54; 1973 c.536 §35; 1987 c.158 §132;
repealed by 1997 c.33 §1]
     662.710 [1953 c.723 §12; repealed by 1959 c.55 §1]
     662.715 [1961 c.720 §53; 1973 c.536 §36; repealed by
1997 c.33 §1]
     662.720 [1953 c.723 §13; repealed by 1959 c.55 §1]
     662.725 [1961 c.720 §55; repealed by 1997 c.33 §1]
     662.730 [1953 c.723 §14; repealed by 1959 c.55 §1]
     662.735 [1961 c.720 §56; repealed by 1997 c.33 §1]
     662.740 [1953 c.723 §15; repealed by 1959 c.55 §1]
     662.745 [1961 c.720 §57; repealed by 1997 c.33 §1]
     662.750 [1953 c.723 §16; repealed by 1959 c.55 §1]
     662.755 [1961 c.720 §58; repealed by 1997 c.33 §1]
     662.760 [1953 c.723 §19; repealed by 1959 c.55 §1]
     662.765 [1961 c.720 §59; repealed by 1997 c.33 §1]
     662.770 [1953 c.723 §17; repealed by 1959 c.55 §1]
     662.775 [1961 c.720 §60; repealed by 1997 c.33 §1]
     662.780 [1953 c.723 §18; repealed by 1959 c.55 §1]
     662.785 [1961 c.720 §61; 1969 c.671 §18; 1973 c.536 §37;
repealed by 1997 c.33 §1]
     662.790 [1953 c.723 §20; repealed by 1959 c.55 §1]
     662.795 [1961 c.720 §62; repealed by 1997 c.33 §1]
PICKETING OF
AGRICULTURAL PRODUCTION SITES
     662.805
Definitions for ORS 662.805 to 662.825. As used in ORS 662.805 to 662.825, unless the context requires
otherwise:
     (1) “Labor dispute” includes any
controversy between an employer and a regular employee of that employer
concerning terms 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.
     (2) “Perishable agricultural crops” means
those products of agriculture that, because of their inherent qualities or
dependence upon conditions of soil or weather, mature, decompose, decay or
deteriorate and in so doing undergo material changes of form and quality that
render them unsuitable for the use for which they were produced.
     (3) “Regular employee” means a person who
has been employed by the employer for at least six calendar work days. [1963
c.543 §2; 2007 c.71 §217]
     662.810
Declaration of policy; right to organize and bargain collectively. (1) The Legislative Assembly recognizes and
declares that agriculture is of great importance to the economy of the state
and to the well-being of its citizens. Because of the perishable nature of
agricultural crops, they must be harvested at the proper stage of maturity, and
if this harvest is interfered with the crop may become a total loss with a
resulting waste or loss of food, adverse effect upon consumer prices, loss of
employment to agricultural laborers and severe dislocation of the entire
economy of the state. The picketing of farms, ranches or orchards at such times
as would prevent the planting or harvesting of such crops directly affects the
public welfare and requires regulation by the state in the exercise of its
police power.
     (2) Nothing in ORS 662.805 to 662.825
shall be construed to prohibit any right of employees to organize and bargain
collectively with their employers. [1963 c.543 §§1,6]
     662.815
Picketing sites where perishable agricultural crops are being harvested
restricted. It shall be
unlawful for any person to picket or cause to be picketed any farm, ranch or
orchard where perishable agricultural crops are produced while such crops are
being harvested unless such picket has been a regular employee on such farm,
ranch or orchard immediately prior to the commencement of the picketing. [1963
c.543 §3]
     662.820
Employer to display bilingual notices of picketing restriction. An employer of persons employed to harvest
perishable agricultural crops shall display, in a conspicuous manner about the
farm, ranch or orchard where perishable agricultural crops are being harvested,
notices, written in the English and Spanish languages, of sufficient size and number
to reasonably inform the employees and stating that ORS 662.815 prohibits any
person other than a regular employee, as defined in ORS 662.805, from picketing
a farm, ranch or orchard where perishable agricultural crops are produced while
such crops are being harvested. [1963 c.543 §5]
     662.825
Jurisdiction to enjoin violations. Notwithstanding any other provision of law, the circuit court for the
county in which such unlawful picketing is conducted has jurisdiction to enjoin
any violation of ORS 662.805 to 662.825 by appropriate order or judgment. The
proceedings shall be conducted as in the case of an action not triable by right
to a jury but shall be given precedence over all other civil actions. [1963
c.543 §4; 1979 c.284 §189]
PENALTIES
     662.990 [1961 c.690 §21; repealed by 1971 c.743 §432]
     662.992
Penalties. (1) Violation of
ORS 662.225 is a misdemeanor.
     (2) Violation of ORS 662.215 is a Class A
violation. [1975 c.645 §4; 1999 c.1051 §217]
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