71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3281
Senate Bill 776
Sponsored by Senator BROWN (at the request of Oregon AFSCME
Council 75)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits certain recipients of public funds from using public
funds to assist, promote or deter union organizing.
Imposes civil penalties for violations. Allows Attorney General
or taxpayer to bring civil action for violations.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to union organizing; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 10 of this 2001 Act:
(1) 'Assist, promote or deter union organizing' means any
attempt by an employer to influence the decision of its employees
or the employees of a subcontractor to:
(a) Support or oppose a labor organization that represents or
seeks to represent those employees; or
(b) Become members of a labor organization.
(2) 'Contractor' means a public or private employer that
receives public funds for supplying goods or services under a
written contract with a public body.
(3) 'Private employer' means an individual, corporation,
limited liability company, unincorporated association,
partnership or other legal entity that employs more than one
person.
(4) 'Public body' has the meaning given that term in ORS
192.410.
(5) 'Public employer' has the meaning given that term in ORS
243.650.
(6) 'Public funds' means moneys from any source that are:
(a) Drawn from the State Treasury or any special fund or trust
fund of this state.
(b) Appropriated by the state and transferred to any public
body that are used by the public body to fund, in whole or in
part, a contract in excess of $10,000.
(7) 'Public property' means any property or facility owned or
leased by a public body. + }
SECTION 2. { + (1) A contractor may not assist, promote or
deter union organizing by employees who are performing work under
a contract with a public body.
(2) A contractor that violates this section is liable for a
civil penalty of $1,000 per employee per violation. + }
SECTION 3. { + (1) A contractor that receives public funds
under a contract with a public body may not use the public funds
to assist, promote or deter union organizing during the life of
the contract, including extensions or renewals of the contract.
(2) All contracts awarded by a public body and funded in whole
or in part with public funds shall contain the prohibition
described in subsection (1) of this section.
(3) A contractor that requests reimbursement from public funds
for any costs or expenses shall certify that the contractor is
not seeking reimbursement for any costs or expenses incurred to
assist, promote or deter union organizing.
(4) A contractor that is subject to subsection (1) of this
section and that makes expenditures to assist, promote or deter
union organizing shall maintain records sufficient to show that
no public funds were used for those expenditures. The contractor
shall provide those records to the Attorney General upon request.
(5) A contractor is liable to the public body for the amount of
the public funds expended in violation of subsection (1) of this
section plus a civil penalty equal to twice the amount of those
public funds. + }
SECTION 4. { + (1) A recipient of a grant of public funds,
including public funds disbursed as a grant by a public body, may
not use the public funds to assist, promote or deter union
organizing.
(2) A recipient of a grant of public funds shall account for
the public funds as follows:
(a) Public funds designated by the grantor for use for a
specific expenditure by the recipient shall be accounted for as
allocated to that expenditure.
(b) Public funds that are not designated as described in
paragraph (a) of this subsection shall be allocated on a pro rata
basis to all expenditures by the recipient that support the
program for which the grant is made.
(3) Prior to disbursement of a grant of public funds, the
recipient shall certify to the grantor that none of the public
funds will be used to assist, promote or deter union organizing.
(4) A recipient of a grant of public funds that makes
expenditures to assist, promote or deter union organizing shall
maintain records sufficient to show that public funds were not
used for those expenditures. The recipient of a grant of public
funds shall provide the records to the Attorney General upon
request.
(5) A recipient of a grant of public funds is liable to the
public body for the amount of any public funds expended in
violation of subsection (1) of this section plus a civil penalty
equal to twice the amount of those public funds. + }
SECTION 5. { + (1) A private employer conducting business on
public property under a contract or concession agreement with a
public body, or a subcontractor under such a contract, may not
use public property to hold a meeting with any employees or
supervisors if the purpose of the meeting is to assist, promote
or deter union organizing.
(2) A private employer that violates this section is liable to
the public body for a civil penalty equal to $1,000 per employee
per meeting.
(3) The provisions of this section do not apply if the public
property is equally available, without charge, to the general
public for holding a meeting. + }
SECTION 6. { + (1) A public employer receiving public funds
may not use or authorize the use of public funds to assist,
promote or deter union organizing.
(2) A public employer that knowingly uses or authorizes the use
of public funds in violation of subsection (1) of this section
shall be liable to the public body for the amount of those public
funds. + }
SECTION 7. { + (1) A private employer that receives public
funds in excess of $10,000 in any calendar year due to the
private employer's participation in a public program may not use
any of those public funds to assist, promote or deter union
organizing.
(2) As a condition of participation in a public program under
which a private employer receives public funds in excess of
$10,000 in any calendar year, the private employer must certify
to the public body that none of the public funds will be used to
assist, promote or deter union organizing.
(3) A private employer that is subject to subsection (1) of
this section and that makes expenditures to assist, promote or
deter union organizing shall maintain records sufficient to show
that no public funds were used for those expenditures. The
private employer shall provide those records to the Attorney
General upon request.
(4) A private employer is liable to the public body for the
amount of the public funds expended in violation of subsection
(1) of this section plus a civil penalty equal to twice the
amount of those public funds. + }
SECTION 8. { + (1) The Attorney General or a taxpayer of this
state may bring a civil action for a violation of sections 2 to 7
of this 2001 Act for injunctive relief, damages, civil penalties
and other appropriate equitable relief. Except as provided in
subsection (4) of this section, all damages and civil penalties
collected in any action brought under this section shall be paid
to the General Fund.
(2) Before filing a civil action under subsection (1) of this
section, a taxpayer must give written notice to the Attorney
General of the alleged violation and the intent to file a civil
action. If the Attorney General commences a civil action for the
same alleged violation within 60 days of receipt of the notice, a
separate action by the taxpayer is barred.
(3) A taxpayer may intervene as a plaintiff in any civil action
brought under this section.
(4) A taxpayer who prevails in an action brought under this
section may recover reasonable attorney fees and costs. A
taxpayer who is a prevailing intervenor and who makes a
substantial contribution to an action brought under this section
may recover attorney fees and costs. + }
SECTION 9. { + For the purposes of sections 1 to 10 of this
2001 Act:
(1) Any expense, including legal and consulting fees and
salaries of supervisors and employees, incurred in conducting
research for or preparing, planning, coordinating or carrying out
an activity to assist, promote or deter union organizing shall be
treated as paid or incurred for that activity.
(2) For the purpose of accounting for expenditures, if public
funds and other funds are commingled, any expenditures to assist,
promote or deter union organizing shall be allocated between
public funds and other funds on a pro rata basis. + }
SECTION 10. { + Sections 1 to 10 of this 2001 Act do not apply
to an activity performed, or to an expense incurred, in
connection with any of the following:
(1) Addressing a grievance or negotiating or administering a
collective bargaining agreement.
(2) Allowing a labor organization or its representative access
to the employer's facilities or property.
(3) Performing an activity required by state or federal law or
by a collective bargaining agreement.
(4) Negotiating, entering into or carrying out a voluntary
agreement with a labor organization. + }
SECTION 11. { + The provisions of sections 1 to 10 of this
2001 Act apply only to expenditures made or contracts or grants
awarded on or after the effective date of this 2001 Act. + }
SECTION 12. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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