70th OREGON LEGISLATIVE ASSEMBLY--1999 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 3884
Senate Bill 1115
Sponsored by Senator STARR; Senators FERRIOLI, GEORGE, HARTUNG,
NELSON, QUTUB, SHANNON, SHIELDS, Representatives BEYER, HARPER,
JENSON, KROPF, KRUSE, MESSERLE, SCHRADER, SHETTERLY, STARR,
WELLS (at the request of Oregon Farm Bureau Federation, Oregon
Association of Nurserymen, Oregon Dairy Farmers Association,
Oregon Wheat Growers League, Oregon Winegrowers Association,
Fruit Growers League of Jackson County, Hood River
Growers/Shippers Association, Wasco County Fruit and Produce
League, Benton County Farm Bureau, Clackamas County Farm
Bureau, Hood River County Farm Bureau, Lincoln County Farm
Bureau, Malheur County Farm Bureau, Marion County Farm Bureau,
Multnomah County Farm Bureau, Polk County Farm Bureau,
Tillamook County Farm Bureau, Umatilla/Morrow County Farm
Bureau, Washington County Farm Bureau, Yamhill County Farm
Bureau, Oregon Seed Council)
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.
Modifies scope of public policy in statutes relating to
organized labor and labor disputes. Eliminates cause of action
arising from such public policy. Prohibits employer from
discharging agricultural worker because worker discusses or
attempts to discuss wages or working conditions.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to labor; creating new provisions; amending ORS 659.010;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 1999 Act is added to and made
a part of ORS chapter 661. + }
SECTION 2. { + Nothing in this chapter creates a public policy
or a cause of action independent of this chapter. + }
SECTION 3. { + Section 4 of this 1999 Act is added to and made
a part of ORS chapter 662. + }
SECTION 4. { + The public policy declared in ORS 662.020 does
not create a public policy or a cause of action independent of
this chapter. + }
SECTION 5. { + Nothing in section 2 or 4 of this 1999 Act is
intended to affect any action filed before January 1, 1998. + }
SECTION 6. { + Section 7 of this 1999 Act is added to and made
a part of ORS 659.040 to 659.110. + }
SECTION 7. { + It is an unlawful employment practice for an
employer to discharge an individual employed in agricultural
labor, as defined in ORS 657.045, because the individual
discusses or attempts to discuss wages or working conditions at a
time and place and in a manner that does not disrupt work or
constitute a slowdown, strike or substantial job
interruption. + }
SECTION 8. ORS 659.010 is amended to read:
659.010. As used in ORS 659.010 to 659.110 and 659.400 to
659.545, unless the context requires otherwise:
(1) 'Bureau' means the Bureau of Labor and Industries.
(2) 'Cease and desist order' means an order signed by the
commissioner, taking into account the subject matter of the
complaint and the need to supervise compliance with the terms of
any specific order issued to eliminate the effects of any
unlawful practice found, addressed to a respondent requiring the
respondent to:
(a) Perform an act or series of acts designated therein and
reasonably calculated to carry out the purposes of ORS 30.670 to
30.685, 659.010 to 659.110 and 659.400 to 659.545, eliminate the
effects of an unlawful practice found, and protect the rights of
the complainant and other persons similarly situated;
(b) Take such action and submit such designated reports to the
commissioner on the manner of compliance with other terms and
conditions specified in the commissioner's order as may be
required to ensure compliance therewith; or
(c) Refrain from any action designated in the order which would
jeopardize the rights of the complainant or other person
similarly situated or frustrate the purpose of ORS 30.670 to
30.685, 659.010 to 659.110 and 659.400 to 659.545.
(3) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
(4) 'Conciliation agreement' means a written agreement settling
and disposing of a complaint under ORS 659.010 to 659.110 and
659.400 to 659.545 signed by a respondent and an authorized
official of the Bureau of Labor and Industries.
(5) 'Employee' does not include any individual employed by the
individual's parents, spouse or child or in the domestic service
of any person.
(6) 'Employer' means any person who in this state, directly or
through an agent, engages or utilizes the personal service of one
or more employees, reserving the right to control the means by
which such service is or will be performed. 'Employer' also
includes any public body that, directly or through an agent,
engages or utilizes the personal service of one or more
employees, reserving the right to control the means by which such
service is or will be performed, including all officers,
agencies, departments, divisions, bureaus, boards and commissions
of the legislative, judicial and administrative branches of the
state, all county and city governing bodies, school districts,
special districts, and municipal corporations, and all other
political subdivisions of the state.
(7) 'Employment agency' includes any person undertaking to
procure employees or opportunities to work.
(8) 'Entity' includes employers, labor organizations,
employment agencies, places of public accommodation as defined in
ORS 30.675 or career schools.
(9)(a) 'Familial status' means the relationship between one or
more individuals who have not attained 18 years of age and who
are domiciled with:
(A) A parent or another person having legal custody of the
individual; or
(B) The designee of the parent or other person having such
custody, with the written permission of the parent or other
person.
(b) 'Familial status' includes any individual, regardless of
age or domicile, who is pregnant or is in the process of securing
legal custody of an individual who has not attained 18 years of
age.
(10) 'Labor organization' includes any organization which is
constituted for the purpose, in whole or in part, of collective
bargaining or in dealing with employers concerning grievances,
terms or conditions of employment or of other mutual aid or
protection in connection with employees.
(11) 'National origin' includes ancestry.
(12) 'Person' includes one or more individuals, partnerships,
associations, corporations, legal representatives, trustees,
trustees in bankruptcy or receivers.
(13) 'Respondent' includes any person or entity against whom a
complaint or charge of unlawful practices is filed with the
commissioner or whose name has been added to such complaint or
charge pursuant to ORS 659.050 (1).
(14) 'Unlawful employment practice' includes only those
unlawful employment practices specified in { + section 7 of this
1999 Act and + } ORS 25.363, 399.235, 654.062 (5), 659.030,
659.035, 659.036, 659.227, 659.270, 659.295, 659.330, 659.340,
659.358 (1) to (4), 659.410, 659.415, 659.420, 659.425 and
659.470 to 659.494.
(15) 'Unlawful practice' means any unlawful employment practice
or any distinction, discrimination or restriction on account of
race, religion, color, sex, marital status or national origin
made by any place of public accommodation as defined in ORS
30.675, by any person acting on behalf of any such place or by
any person aiding or abetting any such place or person in
violation of ORS 30.685, or any violation of ORS 345.240,
659.033, 659.037, 659.430 or rules adopted pursuant to ORS
659.103 (1), but does not include a refusal to furnish goods or
services when the refusal is based on just cause.
SECTION 9. { + This 1999 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 1999 Act takes effect on its
passage. + }
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