Chapter 662 — Labor
Disputes
2011 EDITION
LABOR DISPUTES
LABOR, EMPLOYMENT; UNLAWFUL
DISCRIMINATION
LIMITATIONS ON JUDICIAL AUTHORITY IN
LABOR DISPUTES
662.010 Definitions
for ORS 662.010 to 662.130
662.020 Declaration
of policy as to labor organizations
662.030 Restrictions
in employment contracts on affiliation with labor or employer organization
unenforceable
662.040 Injunctions
in labor disputes generally restricted
662.050 Specific
acts that are not enjoinable
662.060 Restrictions
on injunctions to prohibit doing in concert acts enumerated in ORS 662.050
662.070 Liability
of associations and officers and members of associations for unlawful acts of
individuals
662.080 Hearing
and findings of certain facts are prerequisites to injunction
662.090 Notice
of hearing; issuance of temporary injunction without notice; attorney fees
662.100 Compliance
with obligations involved in dispute and making reasonable effort to settle as
prerequisites to injunctive relief
662.110 Findings
of fact prerequisite to injunction; scope of injunction
662.120 Appeal
to Supreme Court
662.130 Contempt
proceedings; jury trial; change of judge
STRIKEBREAKERS
662.205 Definitions
for ORS 662.205 to 662.225
662.215 Prohibitions
on use of professional strikebreakers; restrictions on recruiting employees
during strike
662.225 Prohibited
conduct by professional strikebreaker
STATE CONCILIATION SERVICE
662.405 Declaration
of policy
662.415 State
Conciliation Service established; purpose
662.425 Mediation
services; fees
662.435 Services
for state agencies and political subdivisions
662.445 List
of qualified arbitrators; fees
662.455 Conciliator
and other employees
PICKETING OF AGRICULTURAL PRODUCTION
SITES
662.805 Definitions
for ORS 662.805 to 662.825
662.810 Declaration
of policy; right to organize and bargain collectively
662.815 Picketing
sites where perishable agricultural crops are being harvested restricted
662.820 Employer
to display bilingual notices of picketing restriction
662.825 Jurisdiction
to enjoin violations
PENALTIES
662.992 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 worker’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 worker’s fellows, it is necessary that the worker
have full freedom of association, self-organization and designation of
representatives of the worker’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 complainant’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 complainant’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 complainant’s property. However, if a
complainant also alleges that, unless a temporary restraining order is issued
without notice, a substantial and irreparable injury to complainant’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; fees.
(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 session and invite the parties
to attend to participate in mediation of their differences. The State
Conciliation Service shall charge a fee in the amount described in ORS 240.610
for each mediation session conducted under this section. Each party to the
mediation shall pay one-half of the applicable fee.
(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; 2011 c.593 §3]
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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