Chapter 662 — Chapter 662

ORS 662.010 Labor disputes. (1) As used in ORS 662.010 to 662.130, “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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 662.205 Definitions for ORS 662.205 to 662.225. As used in ORS 662.205 to 662.225

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ORS 662.210 [Repealed by 1971 c.729 §47]

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ORS 662.215 Prohibitions on use of professional strikebreakers; restrictions on recruiting employees during strike. No employer shall

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ORS 662.220 [Repealed by 1971 c.729 §47]

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ORS 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]

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ORS 662.230 [Repealed by 1971 c.729 §47]

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ORS 662.240 [Repealed by 1971 c.729 §47]

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ORS 662.310 [Repealed by 1953 c.723 §22]

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ORS 662.320 [Repealed by 1953 c.723 §22]

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ORS 662.330 [Repealed by 1953 c.723 §22]

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ORS 662.340 [Repealed by 1953 c.723 §22]

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ORS 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]

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ORS 662.410 [Repealed by 1957 c.122 §5]

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ORS 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]

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ORS 662.420 [Repealed by 1957 c.122 §5]

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ORS 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

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ORS 662.430 [Repealed by 1957 c.122 §5]

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ORS 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]

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ORS 662.440 [Repealed by 1957 c.122 §5]

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ORS 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

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ORS 662.450 [Repealed by 1957 c.122 §5]

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ORS 662.455 Conciliator. The State Conciliation Service shall be headed by the conciliator, who shall be appointed by the chairperson of the Employment Relations Board. [1957 c.122 §2(2); 1969 c.671 §16; 2017 c.496 §8]

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ORS 662.460 [Repealed by 1957 c.122 §5]

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ORS 662.470 [Repealed by 1957 c.122 §5]

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ORS 662.480 [Repealed by 1957 c.122 §5]

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ORS 662.490 [Repealed by 1957 c.122 §5]

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ORS 662.500 [Repealed by 1957 c.122 §5]

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ORS 662.505 [1961 c.690 §1; 1969 c.671 §17; 1971 c.729 §1; renumbered 663.005]

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ORS 662.510 [Repealed by 1957 c.122 §5]

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ORS 662.515 [1961 c.690 §2; renumbered 663.010]

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ORS 662.520 [Repealed by 1957 c.122 §5]

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ORS 662.525 [1961 c.690 §3; renumbered 663.015]

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ORS 662.530 [Repealed by 1957 c.122 §5]

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ORS 662.535 [1961 c.690 §20; repealed by 1971 c.729 §47]

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ORS 662.540 [Repealed by 1957 c.122 §5]

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ORS 662.545 [1961 c.690 §4; renumbered 663.020]

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ORS 662.550 [Repealed by 1957 c.122 §5]

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