74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1863
House Bill 2892
Sponsored by Representative SCHAUFLER; Representatives CANNON,
CLEM, D EDWARDS, GREENLICK, HOLVEY, HUNT, MERKLEY, RILEY,
ROSENBAUM, SHIELDS, WITT, Senators AVAKIAN, BROWN, MONROE,
MORRISETTE, WALKER, WESTLUND (at the request of Oregon AFL-CIO)
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 use of state funds to assist, promote or deter union
organizing. Prohibits employer from using state property to hold
meeting with employee or supervisor if purpose of meeting is to
assist, promote or deter union organizing. Prohibits state
contractor from discharging, demoting, harassing or otherwise
taking adverse action against individual because individual seeks
to enforce this law or testifies, assists or participates in
investigation, hearing or other proceeding to enforce this
law. Provides exceptions. Requires Bureau of Labor and Industries
to enforce law. Allows civil action for violation. Imposes civil
penalty for violation.
Declares emergency, effective July 1, 2007.
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. { + Sections 1, 2 and 3 of this 2007 Act may be
cited as the State Financial Accountability Act. + }
SECTION 2. { + (1) The Legislative Assembly finds that:
(a) It is the policy of this state that the state's funds may
not be used to subsidize interference with an employee's choice
to join or to be represented by a labor union.
(b) Some private employers use state funds to aid or subsidize
efforts to deter union organizing.
(c) Such use of state funds is contrary to the purposes for
which the funds were appropriated and is wasteful of scarce
public resources.
(2) The purpose of section 3 of this 2007 Act is to maintain
the neutrality of the state in labor organizing by forbidding the
use of state funds for unintended purposes and to conserve state
resources by ensuring that state funds are used as intended. + }
SECTION 3. { + (1) As used in this section:
(a) 'Assist, promote or deter union organizing' means any
attempt by an employer to influence the decision of any or all of
the employer's 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) 'Employer' means any individual, corporation, association,
partnership or other legal entity that employs more than one
individual in this state.
(c) 'State contract' means a public contract with the state
government for goods or services, or a subcontract for providing
part or all of the goods or services covered by another entity's
contract for goods or services.
(d) 'State contractor' means an employer that has a public
contract with the state government.
(e) 'State funds' means any 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.
(f) 'State government' has the meaning given that term in ORS
174.111.
(g) 'State property' means any real property or facility owned
or leased by the state government.
(2)(a) Any state contract for goods or services must prohibit
the state contractor from using any state funds to assist,
promote or deter union organizing. State funds may not be used to
reimburse a state contractor for any costs incurred to assist,
promote or deter union organizing.
(b) During the duration of a state contract, a state contractor
may not use any state funds to assist, promote or deter union
organizing. Every request for reimbursement from state funds by a
state contractor shall include a certification that the
contractor is not seeking reimbursement for costs incurred to
assist, promote or deter union organizing.
(c) The recipient of a grant of state funds, including state
funds disbursed as a grant by any public body, may not use the
funds to assist, promote or deter union organizing. Before the
disbursement of a grant of state funds, the recipient shall
provide a certification to the state government that none of the
funds will be used to assist, promote or deter union organizing.
(d) An employer conducting business on state property pursuant
to a contract or concession agreement with the state government,
or a subcontractor on such a contract or agreement, may not use
state property to hold a meeting with any employee or supervisor
if the purpose of the meeting is to assist, promote or deter
union organizing. This paragraph does not apply if the state
property is equally available, without charge, to the general
public for holding a meeting.
(e) A state contractor may not 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.
(f) For purposes of this section, any expense, including legal
and consulting fees and salaries of supervisors and employees,
incurred for research for, or preparation, planning or
coordination of, or carrying out, an activity to assist, promote
or deter union organizing shall be treated as paid or incurred
for that activity. For purposes of accounting for expenditures,
if state funds and other funds are commingled, any expenditures
to assist, promote or deter union organizing shall be allocated
between state funds and other funds on a pro rata basis.
(3)(a) 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 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.
(b) This section does not apply to a fixed-price contract or to
any other arrangement by which the amount of the payment of state
funds does not depend on the costs incurred by the state
contractor.
(4)(a) This section shall be enforced by the Bureau of Labor
and Industries, which shall adopt such rules as are necessary to
implement and administer compliance. The rules must include
reasonable requirements for state contractors and grantees to
maintain records sufficient to show that no state funds are used
to assist, promote or deter union organizing.
(b) A civil action for a violation of this section may be
brought by the bureau, or by any state taxpayer on behalf of the
people of the state, for injunctive relief, damages, civil
penalties and other appropriate equitable relief. All damages and
civil penalties collected pursuant to this section shall be paid
to the State Treasury.
(c) Before filing a civil action under this section, a taxpayer
shall give written notice to the bureau of the alleged violation
and the intent to bring suit. If the bureau commences an action
for the same alleged violation within 60 days of receiving the
notice, a separate action by the taxpayer is barred. A taxpayer
may intervene as a plaintiff in any action brought under this
section. If the plaintiff prevails, a taxpayer plaintiff or
taxpayer intervenor who makes a substantial contribution to the
action is entitled to recover reasonable attorney fees and costs.
(d) A state contractor or employer that violates this section
is liable to the state for a civil penalty equal to triple the
amount of any funds expended to assist, promote or deter union
organizing. + }
SECTION 4. { + Section 3 of this 2007 Act does not apply to a
grant or contract awarded before July 1, 2007, unless the grant
or contract is modified, extended or renewed after July 1,
2007. + }
SECTION 5. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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