243.672 Unfair
labor practices; complaints; filing fees. (1) It is an unfair labor practice for a public
employer or its designated representative to do any of the following:
(a) Interfere
with, restrain or coerce employees in or because of the exercise of rights
guaranteed in ORS 243.662.
(b) Dominate,
interfere with or assist in the formation, existence or administration of any
employee organization.
(c) Discriminate
in regard to hiring, tenure or any terms or condition of employment for the
purpose of encouraging or discouraging membership in an employee organization.
Nothing in this section is intended to prohibit the entering into of a
fair-share agreement between a public employer and the exclusive bargaining
representative of its employees. If a “fair-share” agreement has been agreed to
by the public employer and exclusive representative, nothing prohibits the
deduction of the payment-in-lieu-of-dues from the salaries or wages of the
employees.
(d) Discharge or
otherwise discriminate against an employee because the employee has signed or
filed an affidavit, petition or complaint or has given information or testimony
under ORS 243.650 to 243.809.
(e) Refuse to
bargain collectively in good faith with the exclusive representative.
(f) Refuse or
fail to comply with any provision of ORS 243.650 to 243.809.
(g) Violate the
provisions of any written contract with respect to employment relations
including an agreement to arbitrate or to accept the terms of an arbitration
award, where previously the parties have agreed to accept arbitration awards as
final and binding upon them.
(h) Refuse to
reduce an agreement, reached as a result of collective bargaining, to writing
and sign the resulting contract.
(i) Violate ORS
243.670 (2).
(j) Attempt to
influence an employee to resign from or decline to obtain membership in a labor
organization.
(k) Encourage an
employee to revoke an authorization for the deductions described under ORS
243.806.
(2) Subject to
the limitations set forth in this subsection, it is an unfair labor practice
for a public employee or for a labor organization or its designated
representative to do any of the following:
(a) Interfere
with, restrain or coerce any employee in or because of the exercise of any
right guaranteed under ORS 243.650 to 243.809.
(b) Refuse to
bargain collectively in good faith with the public employer if the labor
organization is an exclusive representative.
(c) Refuse or
fail to comply with any provision of ORS 243.650 to 243.809.
(d) Violate the
provisions of any written contract with respect to employment relations,
including an agreement to arbitrate or to accept the terms of an arbitration
award, where previously the parties have agreed to accept arbitration awards as
final and binding upon them.
(e) Refuse to
reduce an agreement, reached as a result of collective bargaining, to writing
and sign the resulting contract.
(3) It is an
unfair labor practice for any labor organization to engage in unconventional
strike activity not protected for private sector employees under the National
Labor Relations Act on June 6, 1995. This provision applies to sitdown,
slowdown, rolling, intermittent or on-and-off again strikes.
(4) It is an
unfair labor practice for a labor organization or its agents to picket or
cause, induce, or encourage to be picketed, or threaten to engage in such
activity, at the residence or business premises of any individual who is a
member of the governing body of a public employer, with respect to a dispute
over a collective bargaining agreement or negotiations over employment
relations, if an objective or effect of such picketing is to induce another
person to cease doing business with the governing body member’s business or to
cease handling, transporting or dealing in goods or services produced at the
governing body’s business. For purposes of this subsection, a member of the
Legislative Assembly is a member of the governing body of a public employer
when the collective bargaining negotiation or dispute is between the State of
Oregon and a labor organization. The Governor and other statewide elected
officials are not considered members of a governing body for purposes of this
subsection. Nothing in this subsection may be interpreted or applied in a
manner that violates the right of free speech and assembly as protected by the
Constitution of the United States or the Constitution of the State of Oregon.
(5) It is not an
unfair labor practice or a violation of subsection (2)(a) of this section for
the exclusive representative of an appropriate bargaining unit to charge the
following employees in the unit reasonable fees and costs for representation
that are unrelated to the negotiation of a collective bargaining agreement,
provided that the employees are not members of the labor organization that is
the exclusive representative and have not voluntarily entered into a fair-share
agreement:
(a) A police
officer of a city or municipal police department;
(b) A sheriff or
deputy sheriff;
(c) A police
officer commissioned by a university under ORS 352.121 or 353.125;
(d) An employee
of the Department of Corrections or of Oregon Corrections Enterprises; or
(e) A parole or
probation officer who supervises adult offenders.
(6) An injured
party may file a written complaint with the Employment Relations Board not
later than 180 days following the occurrence of an unfair labor practice. For
each unfair labor practice complaint filed, a fee of $300 is imposed. For each
answer to an unfair labor practice complaint filed with the board, a fee of
$300 is imposed. The board may allow any other person to intervene in the
proceeding and to present testimony. A person allowed to intervene shall pay a
fee of $300 to the board. The board may, in its discretion, order fee
reimbursement to the prevailing party in any case in which the complaint or
answer is found to have been frivolous or filed in bad faith. The board shall
deposit fees received under this section to the credit of the Employment
Relations Board Administrative Account. [1973 c.536 §4; 1995 c.286 §2; 2007
c.296 §1; 2011 c.593 §2; 2013 c.663 §6; 2019 c.429 §11; 2019 c.439 §1; 2023
c.47 §1]
Notes of Decisions
Am. Fed'n of State v. Exec. Dep't, 628 P.2d 1228 (Or. Ct. App. 1981).
· cites it 20× “* * *" Unfair labor practices are defined at ORS 243.672. The portions cited by AFSCME make it an unfair labor practice to: "(f) Refuse or fail to comply with any provision of ORS 243.”
Ahern v. Oregon Pub. Employees Union, 988 P.2d 364 (Or. 1999).
· cites it 17× “) As the following discussion reveals, we agree with plaintiffs concession. The question is whether plaintiff nonetheless can avoid ERB’s jurisdiction under ORS 243.”
Vaandering v. Rosenblum, 371 P.3d 1194 (Or. 2016).
· cites it 14× “However, for us to resolve the issue that she raises, we would have to decide the relationship between the specific unfair labor practice set out in ORS 243.”
Oregon Univ. Sys. v. Oregon Pub. Employees Union, 60 P.3d 567 (Or. Ct. App. 2002).
· cites it 6× “ORS 243.672(2) provides, in part: “Subject to the limitations set forth in this subsection, it is an unfair labor practice for a public employee or for a labor organization or its designated representative to do any of the following: “* * * * * “(d) Violate the provisions of any…”
Shockey v. City of Portland, 837 P.2d 505 (Or. 1992).
· cites it 6× “ORS 243.672(1)(g) provides: "(1) It is an unfair labor practice for a public employer or its designated representative to do any of the following: "* * * * * "(g) Violate the provisions of any written contract with respect to employment relations[.”
Wy'East Educ. Ass'n v. Oregon Trail Sch. Dist. No. 46, 260 P.3d 626 (Or. Ct. App. 2011).
· cites it 22× “As relevant here, the association alleged that the district violated the Public Employees Collective Bargaining Act (PECBA) — specifically ORS 243.672(l)(a), (b), and (e) (set out below) — by improperly deducting health insurance premiums normally paid by the district from…”
Portland Fire Fighters' Ass'n, Local 43 v. City of Portland, 45 P.3d 162 (Or. Ct. App. 2002).
· cites it 6× “NOTES [1] ORS 243.672 provides, in part: "(1) It is an unfair labor practice for a public employer or its designated representative to do any of the following: "* * * * * "(g) Violate the provisions of any written contract with respect to employment relations including an…”
Portland Fire Fighters' Ass'n, Local 43, IAFF v. City of Portland, 263 P.3d 1040 (Or. Ct. App. 2011).
· cites it 9× “1 ORS 243.672(1) provides, in part: “It is an unfair labor practice for a public employer or its designated representative to do any of the following: “(e) Refuse to bargain collectively in good faith with the exclusive representative.”
Elvin v. Oregon Pub. Employes Union, 832 P.2d 36 (Or. 1992).
· cites it 6× “ERB concluded that OPEU had violated ORS 243.672(2)(a) and (c) by failing to meet the Chicago Teachers Union v.”
— Or. Rev. Stat. § 243.672(1) — 49 cases
Ahern v. Oregon Pub. Employees Union, 988 P.2d 364 (Or. 1999).
“) As the following discussion reveals, we agree with plaintiffs concession. The question is whether plaintiff nonetheless can avoid ERB’s jurisdiction under ORS 243.”
— Or. Rev. Stat. § 243.672(1)(a) — 14 cases
Vaandering v. Rosenblum, 371 P.3d 1194 (Or. 2016).
“However, for us to resolve the issue that she raises, we would have to decide the relationship between the specific unfair labor practice set out in ORS 243.”
— Or. Rev. Stat. § 243.672(1)(a)(b) — 1 case
— Or. Rev. Stat. § 243.672(1)(a)(b)(c) — 1 case
— Or. Rev. Stat. § 243.672(1)(b) — 1 case
— Or. Rev. Stat. § 243.672(1)(c) — 10 cases
Vaandering v. Rosenblum, 371 P.3d 1194 (Or. 2016).
“However, for us to resolve the issue that she raises, we would have to decide the relationship between the specific unfair labor practice set out in ORS 243.”
— Or. Rev. Stat. § 243.672(1)(e) — 36 cases
— Or. Rev. Stat. § 243.672(1)(f) — 6 cases
Am. Fed'n of State v. Exec. Dep't, 628 P.2d 1228 (Or. Ct. App. 1981).
“* * *" Unfair labor practices are defined at ORS 243.672. The portions cited by AFSCME make it an unfair labor practice to: "(f) Refuse or fail to comply with any provision of ORS 243.”
— Or. Rev. Stat. § 243.672(1)(g) — 36 cases
Shockey v. City of Portland, 837 P.2d 505 (Or. 1992).
“ORS 243.672(1)(g) provides: "(1) It is an unfair labor practice for a public employer or its designated representative to do any of the following: "* * * * * "(g) Violate the provisions of any written contract with respect to employment relations[.”
Am. Fed'n of State v. Exec. Dep't, 628 P.2d 1228 (Or. Ct. App. 1981).
“* * *" Unfair labor practices are defined at ORS 243.672. The portions cited by AFSCME make it an unfair labor practice to: "(f) Refuse or fail to comply with any provision of ORS 243.”
Portland Fire Fighters' Ass'n, Local 43 v. City of Portland, 45 P.3d 162 (Or. Ct. App. 2002).
“NOTES [1] ORS 243.672 provides, in part: "(1) It is an unfair labor practice for a public employer or its designated representative to do any of the following: "* * * * * "(g) Violate the provisions of any written contract with respect to employment relations including an…”
— Or. Rev. Stat. § 243.672(1)(h) — 2 cases
— Or. Rev. Stat. § 243.672(1)(i) — 3 cases
— Or. Rev. Stat. § 243.672(1Xa) — 1 case
— Or. Rev. Stat. § 243.672(2) — 11 cases
Oregon Univ. Sys. v. Oregon Pub. Employees Union, 60 P.3d 567 (Or. Ct. App. 2002).
“ORS 243.672(2) provides, in part: “Subject to the limitations set forth in this subsection, it is an unfair labor practice for a public employee or for a labor organization or its designated representative to do any of the following: “* * * * * “(d) Violate the provisions of any…”
Ahern v. Oregon Pub. Employees Union, 988 P.2d 364 (Or. 1999).
“) As the following discussion reveals, we agree with plaintiffs concession. The question is whether plaintiff nonetheless can avoid ERB’s jurisdiction under ORS 243.”
— Or. Rev. Stat. § 243.672(2)(a) — 8 cases
Vaandering v. Rosenblum, 371 P.3d 1194 (Or. 2016).
“However, for us to resolve the issue that she raises, we would have to decide the relationship between the specific unfair labor practice set out in ORS 243.”
— Or. Rev. Stat. § 243.672(2)(b) — 6 cases
— Or. Rev. Stat. § 243.672(2)(c) — 9 cases
— Or. Rev. Stat. § 243.672(2)(d) — 8 cases
Oregon Univ. Sys. v. Oregon Pub. Employees Union, 60 P.3d 567 (Or. Ct. App. 2002).
“ORS 243.672(2) provides, in part: “Subject to the limitations set forth in this subsection, it is an unfair labor practice for a public employee or for a labor organization or its designated representative to do any of the following: “* * * * * “(d) Violate the provisions of any…”
— Or. Rev. Stat. § 243.672(2)(e) — 1 case
— Or. Rev. Stat. § 243.672(2)(f) — 1 case
— Or. Rev. Stat. § 243.672(2)(g) — 2 cases
Ahern v. Oregon Pub. Employees Union, 988 P.2d 364 (Or. 1999).
“) As the following discussion reveals, we agree with plaintiffs concession. The question is whether plaintiff nonetheless can avoid ERB’s jurisdiction under ORS 243.”
— Or. Rev. Stat. § 243.672(3) — 5 cases
Ahern v. Oregon Pub. Employees Union, 988 P.2d 364 (Or. 1999).
“) As the following discussion reveals, we agree with plaintiffs concession. The question is whether plaintiff nonetheless can avoid ERB’s jurisdiction under ORS 243.”
— Or. Rev. Stat. § 243.672(4) — 7 cases
Am. Fed'n of State v. Exec. Dep't, 628 P.2d 1228 (Or. Ct. App. 1981).
“* * *" Unfair labor practices are defined at ORS 243.672. The portions cited by AFSCME make it an unfair labor practice to: "(f) Refuse or fail to comply with any provision of ORS 243.”
— Or. Rev. Stat. § 243.672(6) — 1 case
— Or. Rev. Stat. § 243.672(a) — 2 cases
— Or. Rev. Stat. § 243.672(c) — 1 case
— Or. Rev. Stat. § 243.672(e) — 1 case
— Or. Rev. Stat. § 243.672(l) — 1 case
— Or. Rev. Stat. § 243.672(l)(a) — 16 cases
Wy'East Educ. Ass'n v. Oregon Trail Sch. Dist. No. 46, 260 P.3d 626 (Or. Ct. App. 2011).
“As relevant here, the association alleged that the district violated the Public Employees Collective Bargaining Act (PECBA) — specifically ORS 243.672(l)(a), (b), and (e) (set out below) — by improperly deducting health insurance premiums normally paid by the district from…”
Vaandering v. Rosenblum, 371 P.3d 1194 (Or. 2016).
“However, for us to resolve the issue that she raises, we would have to decide the relationship between the specific unfair labor practice set out in ORS 243.”
— Or. Rev. Stat. § 243.672(l)(b) — 3 cases
Wy'East Educ. Ass'n v. Oregon Trail Sch. Dist. No. 46, 260 P.3d 626 (Or. Ct. App. 2011).
“As relevant here, the association alleged that the district violated the Public Employees Collective Bargaining Act (PECBA) — specifically ORS 243.672(l)(a), (b), and (e) (set out below) — by improperly deducting health insurance premiums normally paid by the district from…”
— Or. Rev. Stat. § 243.672(l)(c) — 7 cases
Vaandering v. Rosenblum, 371 P.3d 1194 (Or. 2016).
“However, for us to resolve the issue that she raises, we would have to decide the relationship between the specific unfair labor practice set out in ORS 243.”
— Or. Rev. Stat. § 243.672(l)(e) — 52 cases
Portland Fire Fighters' Ass'n, Local 43, IAFF v. City of Portland, 263 P.3d 1040 (Or. Ct. App. 2011).
“1 ORS 243.672(1) provides, in part: “It is an unfair labor practice for a public employer or its designated representative to do any of the following: “(e) Refuse to bargain collectively in good faith with the exclusive representative.”
Wy'East Educ. Ass'n v. Oregon Trail Sch. Dist. No. 46, 260 P.3d 626 (Or. Ct. App. 2011).
“As relevant here, the association alleged that the district violated the Public Employees Collective Bargaining Act (PECBA) — specifically ORS 243.672(l)(a), (b), and (e) (set out below) — by improperly deducting health insurance premiums normally paid by the district from…”
— Or. Rev. Stat. § 243.672(l)(f) — 5 cases
Am. Fed'n of State v. Exec. Dep't, 628 P.2d 1228 (Or. Ct. App. 1981).
“* * *" Unfair labor practices are defined at ORS 243.672. The portions cited by AFSCME make it an unfair labor practice to: "(f) Refuse or fail to comply with any provision of ORS 243.”
Portland Fire Fighters' Ass'n, Local 43, IAFF v. City of Portland, 263 P.3d 1040 (Or. Ct. App. 2011).
“1 ORS 243.672(1) provides, in part: “It is an unfair labor practice for a public employer or its designated representative to do any of the following: “(e) Refuse to bargain collectively in good faith with the exclusive representative.”
— Or. Rev. Stat. § 243.672(l)(g) — 47 cases
Shockey v. City of Portland, 837 P.2d 505 (Or. 1992).
“ORS 243.672(1)(g) provides: "(1) It is an unfair labor practice for a public employer or its designated representative to do any of the following: "* * * * * "(g) Violate the provisions of any written contract with respect to employment relations[.”
Am. Fed'n of State v. Exec. Dep't, 628 P.2d 1228 (Or. Ct. App. 1981).
“* * *" Unfair labor practices are defined at ORS 243.672. The portions cited by AFSCME make it an unfair labor practice to: "(f) Refuse or fail to comply with any provision of ORS 243.”
— Or. Rev. Stat. § 243.672(l)(h) — 5 cases
— Or. Rev. Stat. § 243.672(l)(i) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.