Chapter 661 — Organized
Labor; Union Labels
2011 EDITION
ORGANIZED LABOR; UNION LABELS
LABOR, EMPLOYMENT; UNLAWFUL
DISCRIMINATION
LABOR ORGANIZATIONS; COLLECTIVE
BARGAINING
661.010 Lawfulness
of labor unions
661.020 Labor
not a commodity; employment rights are personal
661.030 Collective
bargaining for lawful purposes is legal
661.040 Limitations
on fees charged laborers by collective bargaining agents; access to and
inspection of records; accounting
UNION LABELS
661.210 Counterfeiting
of union label and possession or sale thereof prohibited
661.220 Unauthorized
use of label, name or seal of union prohibited
661.230 Procedure
for recording union label
661.240 Certificate
of recording; effect of record; limitations on filing of similar labels
661.245 Fees
for filing, copying and certifying records
661.250 Civil
remedies for infringing or counterfeiting
661.260 Liability
for false or fraudulent filing
661.270 Who
may bring action on behalf of unincorporated association or union
661.280 Attorney
fees
PENALTIES
661.990 Penalties
LABOR ORGANIZATIONS; COLLECTIVE
BARGAINING
661.010 Lawfulness of labor unions.
Working men and women may organize themselves into, or carry on labor unions
for the purpose of lessening the hours of labor, increasing the wages,
bettering the conditions of the members of such organizations or carrying out
their legitimate purposes as freely as they could do if acting singly.
661.020 Labor not a commodity; employment
rights are personal. (1) The labor of a human being is
not a commodity or article of commerce.
(2)
The right to enter into the relation of employer and employee, to change that
relation, to assume and create a new relation for employer and employee or to
work and labor as an employee, shall be held and construed to be a personal and
not a property right.
661.030 Collective bargaining for lawful
purposes is legal. No person shall be indicted,
prosecuted or tried in any court of this state for entering into or carrying on
any arrangement, agreement or combination between themselves made with a view
of lessening the number of hours of labor or increasing wages, bettering the
conditions of working men and women or for any act done in pursuance thereof,
unless such act is in itself forbidden by law if done by a single individual.
661.040 Limitations on fees charged
laborers by collective bargaining agents; access to and inspection of records;
accounting. (1) No organization, association or
person, legally authorized to act as collective bargaining agent or representative
of laboring people, shall make any charge or exaction for initiation fees,
dues, fines or other exactions, which will create a fund in excess of the
legitimate requirements of such organization, association or person, in
carrying out the lawful purpose or activities of such organization, association
or person.
(2)
Every such organization, association and person shall keep accurate books
itemizing all receipts and expenditures and the purpose of such expenditures.
(3)
Any member of any labor organization or association is entitled at all
reasonable times to inspect the books, records and accounts of such association
or organization, or any agent or representative thereof, and to have an
accounting of all money and property thereof.
(4)
The circuit courts of this state, and the judges thereof, have jurisdiction to
enforce this section, including full power to issue restraining orders and
temporary and permanent injunctions, and such other and further orders as may
be necessary or appropriate to carry out and enforce this section.
UNION LABELS
661.210 Counterfeiting of union label and
possession or sale thereof prohibited. Whenever any
person or any association or union adopts or uses any label, trademark, term,
design, device or form of advertisement for the purpose of designating, making
known or distinguishing any goods, wares, merchandise or other product of labor
as having been made, manufactured, produced, prepared, packed or put on sale by
such person or association or union, or by members of such association or
union:
(1)
A person shall not counterfeit or imitate such label, trademark, term, design,
device or form of advertisement, or use, sell, offer for sale or in any way
utter or circulate any counterfeit or imitation of any such label, trademark,
term, design, device or form of advertisement;
(2)
A person shall not keep or have in possession, with intent that the same shall
be sold or disposed of, any goods, wares, merchandise or other product of labor
to which or on which any such counterfeit or imitation is printed, painted,
stamped or impressed;
(3)
A person shall not knowingly sell or dispose of any goods, wares, merchandise
or other product of labor contained in any box, case, can or package to which
or on which any such counterfeit or imitation is attached, affixed, printed,
painted, stamped or impressed; and
(4)
A person shall not keep or have in possession, with intent that the same shall
be sold or disposed of, any goods, wares, merchandise or other product of
labor, in any box, case, can or package to which or on which any such
counterfeit or imitation is attached, affixed, printed, painted, stamped or
impressed. [Amended by 2001 c.104 §255]
661.220 Unauthorized use of label, name or
seal of union prohibited. (1) No person shall use or
display the genuine label, trademark, term, design, device or form of
advertisement of any person, association or union in any manner not authorized
by such person, union or association.
(2)
No person shall in any way use the name or seal of any person, association or
union, or officer thereof, in and about the sale of goods, or otherwise,
without authorization to do so.
661.230 Procedure for recording union
label. (1) Every person, association or union
that adopts or uses a label, trademark, term, design, device or form of
advertisement as provided in ORS 661.210, may file the same for record in the
office of the Secretary of State, by leaving two copies, counterparts or
facsimiles thereof with the Secretary of State and by filing therewith a sworn
application.
(2)
The application shall state:
(a)
The name of the person, association or union on whose behalf such label,
trademark, terms, design, device or form of advertisement is filed.
(b)
The class of merchandise and a description of the goods to which it has been or
is intended to be appropriated.
(c)
That the party so filing or on whose behalf such label, trademark, term,
design, device or form of advertisement is filed, has the right to the use of
the same.
(d)
That no other person, association or union has the right to such use, either in
the identical form, or in any such near resemblance thereto as may be
calculated to deceive.
(e)
That the facsimile or counterparts filed therewith are true and correct. [Amended
by 1991 c.132 §29]
661.240 Certificate of recording; effect
of record; limitations on filing of similar labels.
(1) The Secretary of State shall deliver to any person, association or union
filing or causing to be filed any label, trademark, term, design, device or
form of advertisement under ORS 661.230, as many duly attested certificates of
the recording of the same as such person, association or union may apply for.
(2)
The certificate of record shall, in all suits and prosecutions under ORS
661.210 to 661.280 be sufficient proof of the adoption of such label,
trademark, term, design, device or form of advertisement.
(3)
The Secretary of State shall not record for any person, union or association
any label, trademark, term, design, device or form of advertisement that would
probably be mistaken for any label, trademark, term, design, device or form of
advertisement theretofore filed by or on behalf of any other person, union or
association, but shall file and record under ORS 661.210 to 661.280 any label,
trademark, term, design, device or form of advertisement which may have been
previously filed by any person or any association or union if the person,
association or union seeking to file and record under ORS 661.210 to 661.280 is
the same person, association or union that previously filed or recorded the
same label, trademark, term, design, device or form of advertisement. [Amended
by 1991 c.132 §30]
661.245 Fees for filing, copying and
certifying records. The Secretary of State shall
collect the fees described in ORS 56.140 for each document delivered for filing
under ORS 661.210 to 661.280 and for process served on the secretary under ORS
661.210 to 661.280. The secretary may collect the fees described in ORS 56.140
for copying any public record under ORS 661.210 to 661.280, certifying the copy
or certifying to other facts of record under ORS 661.210 to 661.280. [1991
c.132 §32; 1999 c.652 §20]
661.250 Civil remedies for infringing or
counterfeiting. (1) Every person, association or
union adopting or using a label, trademark, term, design, device or form of
advertisement as provided in ORS 661.210, 661.220, 661.230 and 661.240, may
proceed by suit for damages to enjoin the manufacture, use, display or sale of
any counterfeits thereof.
(2)
All courts of competent jurisdiction shall grant injunctions to restrain such
manufacture, use, display or sale, and award the complainant in any such suit
damages resulting from such manufacture, use, sale or display as the court
deems just and reasonable, and shall require the defendants to pay to such
person, association or union all profits derived from such wrongful
manufacture, use, display or sale.
(3)
The court shall also order that all such counterfeits or imitations in the
possession or under the control of any defendant in such cause be delivered to
an officer of the court, or to the complainant, to be destroyed.
661.260 Liability for false or fraudulent
filing. Any person who files or causes to be
filed, or who files or causes to be filed on behalf of any other person, association
or union, any label, trademark, term, design, device or form of advertisement
in the office of the Secretary of State under ORS 661.210 to 661.280, by making
any false or fraudulent representations or declaration, verbally or in writing,
or by any fraudulent means, shall be liable to pay any damages sustained in
consequence of any such filing, to be recovered by or on behalf of the party
injured thereby in any court having jurisdiction. [Amended by 1987 c.158 §129]
661.270 Who may bring action on behalf of
unincorporated association or union. In all cases
where the association or union is not incorporated, suits under ORS 661.210 to
661.280 may be commenced and prosecuted by an officer or member of the
association or union on behalf of and for the use of the association or union.
661.280 Attorney fees.
In any action under ORS 661.250 or 661.260, the court may award reasonable
attorney fees to the prevailing party. [Amended by 1981 c.897 §97; 1995 c.618 §118]
PENALTIES
661.990 Penalties.
(1) Violation of ORS 661.040 is a Class A misdemeanor.
(2)
Violation of ORS 661.210, 661.220 or 661.260 is a Class C misdemeanor. [Amended
by 2011 c.597 §275]
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