Labor Relations Generally

ORS 663.180
Filing of charges of unfair practice

  • fees
  • board investigation
  • issuance of complaints


(1)

A person may file with the Employment Relations Board a charge that another person has engaged in or is engaging in an unfair labor practice. The person filing the charge shall pay a fee of $300 to the board. The board shall deposit fees received under this section to the credit of the Employment Relations Board Administrative Account.

(2)

If it is charged that a person has engaged in or is engaging in an unfair labor practice, the board shall cause an investigation to be made. If, on the basis of this investigation, it appears to the board that an issue of fact or law exists as to a violation of ORS 663.120 (Employer unfair labor practices) to 663.165 (Procedure for terminating or modifying existing collective bargaining contract), the board shall issue a complaint. The complaint shall contain a notice of hearing before the board, at a place fixed in the notice, not less than five days after the serving of the complaint.

(3)

Notwithstanding subsection (2) of this section, the board may not issue a complaint based upon an unfair labor practice occurring more than six months before the filing of the charge with the board, and the service of a copy of the charge upon the person against whom the charge is made, unless the person aggrieved by the unfair labor practice was prevented from filing the charge by reason of service in the Armed Forces of the United States, in which event the six-month period shall be computed from the day of discharge. [1971 c.729 §20; 1975 c.147 §15; 2007 c.296 §2; 2011 c.593 §4]

Atty. Gen. Opinions

Information concerning allegations of unfair labor practices of public record, (1976) Vol 38, p 467

§§ 663.100 to 663.295

Law Review Citations

51 OLR 235-248 (1971)

Chapter 663

Notes of Decisions

In considering an action by a union member against a union for breach of duty of "fair representation," the state courts must apply federal substantive law and are bound by decisions of federal courts. Wheeler v. Intl. Woodworkers of Am., 274 Or 373, 547 P2d 106 (1976)


Source

Last accessed
Jun. 26, 2021