reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.110 - Employee organization, bargaining rights; union security agreements; payments to charitable institutions in lieu of union dues and other fees.

Employees have the right to self-organization; to form, join or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees also have the right to refrain from any or all of such activities except to the extent that this right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized by ORS 663.125. However, agreements involving union security including an all-union agreement or agency agreement must safeguard the rights of nonassociation of employees, based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. Such employee must pay an amount of money equivalent to regular union dues and initiation fees and assessments, if any, to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the representative of the labor organization to which such employee would otherwise pay dues. The employee shall furnish written proof that this has been done. If the employee and representative of the labor organization do not reach agreement on the matter, the Employment Relations Board shall designate such organization. [1971 c.729 §5; 2003 c.14 §410]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.120 - Employer unfair labor practices.

It is an unfair labor practice for an employer:
(1) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in ORS 663.110;
(2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. However, subject to rules published by the Employment Relations Board pursuant to ORS chapter 183, an employer may permit employees to confer with the employer during working hours without loss of time or pay;
(3) To discharge or otherwise discriminate against an employee because the employee has filed charges or given testimony under this chapter; or
(4) To refuse to bargain collectively with the employees’ exclusive representative, as defined in ORS 663.015. [1971 c.729 §7; 1975 c.83 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.125 - Other employer unfair labor practices.

It is an unfair labor practice for an employer, by discrimination in regard to hire or tenure of employment or any term or condition of employment, to encourage or discourage membership in a labor organization. However:
(1) Nothing in this chapter or in any other statute of this state precludes an employer from making an agreement with a labor organization (not established, maintained or assisted by any action defined in this section or in ORS 663.120 as an unfair labor practice) to require as a condition of employment membership therein on or after the 30th day following the beginning of such employment or the effective date of such agreement, whichever is the later:
(a) If the labor organization is the representative of the majority of the employees in the appropriate collective-bargaining unit covered by the agreement when made; and
(b) Unless following an election held within one year preceding the effective date of the agreement, at least a majority of the employees eligible to vote in the election have voted to rescind the authority of the labor organization to make such an agreement.
(2) No employer shall justify any discrimination against an employee for nonmembership in a labor organization if the employer has reasonable grounds for believing that membership was:
(a) Not available to the employee on the same terms and conditions generally applicable to other members; or
(b) Denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership. [1971 c.729 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.127 - Union security agreements.

An employer or labor organization anywhere in this state may execute and apply an agreement requiring membership in a labor organization as a condition of employment to the full extent allowed by federal law. [2017 c.369 §3]
Note:
663.127 was added to and made a part of ORS chapters 661 to 663 by legislative action but was not added to ORS chapter 663 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.130 - Union unfair labor practices.

It is an unfair labor practice for a labor organization or its agents:
(1) To cause or attempt to cause an employer to discriminate against an employee in violation of ORS 663.125 or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;
(2) To refuse to bargain collectively with an employer, if it is the elected and certified representative of the employees;
(3) To cause or attempt to cause an employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed; or
(4) To restrain or coerce:
(a) An employer in the selection of representatives for the purposes of collective bargaining or the adjustment of grievances; or
(b) Employees in the exercise of the rights guaranteed in ORS 663.110. However, this paragraph does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein. [1971 c.729 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.135 - Excessive membership fee.

It is an unfair labor practice for a labor organization or its agents to require of employees covered by an agreement authorized under ORS 663.125 the payment, as a condition precedent to becoming a member of the organization, of a fee in an amount which the Employment Relations Board finds excessive or discriminatory under all the circumstances. In making such a finding the board shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the employees affected. [1971 c.729 §10]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.140 - Encouraging certain strikes; refusals to handle products.

It is an unfair labor practice for a labor organization or its agents to engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of employment to use, manufacture, process, transport or otherwise handle or work on any goods, articles, materials or commodities or to perform any services; or to threaten, coerce or restrain any person, where in either case an object thereof is forcing or requiring:
(1) An employer or self-employed person to join a labor or employer organization or to enter into an agreement that is prohibited by ORS 663.155;
(2) A person to cease using, selling, handling, transporting or otherwise dealing in the products of any other producer, processor or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of employees of the employer unless such labor organization has been certified as the elected representative of such employees. However, nothing in this subsection makes unlawful, where not otherwise unlawful, any primary strike or primary picketing;
(3) An employer to recognize or bargain with a particular labor organization as the representative of employees of the employer if another labor organization has been certified as the elected representative of such employees; or
(4) An employer to assign particular work to employees in a particular labor organization or in a particular trade, craft or class rather than to employees in another labor organization or in another trade, craft or class, unless the employer is failing to conform to an order of the Employment Relations Board or certification of the conciliator determining the bargaining representative for employees performing the work. [1971 c.729 §11; 2005 c.22 §473]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.145 - Refusal to enter upon premises where strike in progress; truthful strike publicity not prohibited.

(1) Notwithstanding ORS 663.140, nothing in ORS 663.130 to 663.150 makes unlawful a refusal by any person to enter upon the premises of an employer (other than the person’s own employer), if the employees of that employer are engaged in a strike ratified or approved by an elected and certified representative of the employees whom the employer is required to recognize.
(2) For the purposes of ORS 663.140 only, nothing in that section prohibits publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of a labor organization, that a product is produced by an employer with whom the labor organization has a primary dispute and is distributed by another employer, as long as such publicity does not have an effect of inducing an individual employed by any person other than the primary employer in the course of employment to refuse to pick up, deliver or transport any goods, or not to perform any services, at the establishment of the employer engaged in such distribution. [1971 c.729 §12]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.150 - Picketing to force recognition of or bargaining with union.

(1) It is an unfair labor practice for a labor organization or its agents to picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer when an object thereof is forcing or requiring an employer to recognize or bargain with a labor organization as the representative of the employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective-bargaining representative, unless such labor organization is currently certified as the representative of such employees:
(a) Where the employer has lawfully recognized in accordance with this chapter any other labor organization and a petition for a representation election may not appropriately be filed;
(b) Where, within the preceding 12 months, a valid election has been conducted; or
(c) Where the picketing has been conducted without a petition for an election and certification having been filed.
However:
(A) When such a petition has been filed the Employment Relations Board forthwith, without regard to the absence of a showing of a substantial interest on the part of the labor organization and without an investigation or hearing, shall conduct an election by secret ballot, marked at the place of election, in such unit as the board finds to be appropriate, and to certify the results thereof.
(B) Nothing in this section prohibits any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of the picketing is to induce an individual employed by any other person in the course of employment, not to pick up, deliver or transport any goods or not to perform any services.
(2) Nothing in this section permits any act that otherwise would be an unfair labor practice under ORS 663.130 to 663.150. [1971 c.729 §13; 1975 c.147 §14a; 2007 c.71 §218]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.155 - Contract with employer to refrain from dealing in products of another employer.

It is an unfair labor practice for a labor organization and an employer to enter into a contract or agreement, express or implied, whereby the employer ceases or refrains, or agrees to cease or refrain, from handling, using, selling, transporting or otherwise dealing in any of the products of any other employer, or to cease doing business with any other person. Any contract or agreement entered into after January 1, 1972, containing such an agreement is to such extent unenforceable and void. [1971 c.729 §15]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.160 - Expression of views not containing threats or promises of benefit not unfair labor practice.

The expressing of any views, argument or opinion, or the dissemination thereof, whether in written, printed, graphic or visual form, does not constitute evidence of an unfair labor practice under any of the provisions of this chapter, if the expression contains no threat of reprisal or force or promise of benefit. [1971 c.729 §16]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.165 - Procedure for terminating or modifying existing collective bargaining contract; notice; negotiation meetings.

(1) Notwithstanding ORS 663.010, if there is in effect a collective-bargaining contract covering employees in an industry, the duty to bargain collectively also means that no party to the contract shall terminate or modify the contract, unless the party desiring termination or modification:
(a) Serves a written notice upon the other party to the contract of the proposed termination or modification 60 days before the expiration date thereof, or in the event the contract contains no expiration date, 60 days before the time it is proposed to make such termination or modification;
(b) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;
(c) Notifies the State Conciliation Service within 30 days after notice of the existence of a dispute, if no agreement has been reached by that time; and
(d) Continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after such notice is given or until the expiration date of the contract, whichever occurs later.
(2) The duties imposed upon employers, employees and labor organizations by subsection (1)(b), (c) and (d) of this section:
(a) Become inapplicable upon an intervening election and certification under which the labor organization or individual which is a party to the contract has been superseded as or ceased to be the representative of the employees; and
(b) Do not require either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if the modification is to become effective before the terms and conditions can be reopened under the provisions of the contract.
(3) Any employee who engages in a strike within the 60-day period specified in this section loses status as an employee of the employer engaged in the particular labor dispute, for the purposes of this chapter, but the loss of status for the employee terminates if the employee is reemployed by the employer. [1971 c.729 §17]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.170 - Unfair labor practice provisions not retroactive.

(1) No provision of this chapter makes an unfair labor practice any act that was performed before January 1, 1972.
(2) ORS 663.125 and 663.130 (1) do not make an unfair labor practice the performance of any obligation under a collective-bargaining agreement entered into before January 1, 1972, unless the agreement was renewed or extended after January 1, 1972. [1971 c.729 §18]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.175 - Authority of board to prevent unfair labor practices; authority not to affect other lawful adjustment means.

As provided in ORS 663.175 to 663.260, the Employment Relations Board may prevent any person from engaging in an unfair labor practice listed in ORS 663.120 to 663.165. This power is not affected by any other means of adjustment or prevention established by agreement, law, ordinance, regulation or otherwise. [1971 c.729 §19]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 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 to 663.165, 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.185 - Amendment of complaint; filing answer; intervenors; fees; conduct of proceedings.

(1) The Employment Relations Board may amend a complaint at any time before the issuance of an order based on the complaint.
(2) The person so complained of may file an answer to the original or amended complaint and appear in person or otherwise and give testimony at the place and time fixed in the complaint. The person filing the answer shall pay a fee of $300 to the board. 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.
(3) As far as practicable, the board shall conduct the proceeding in accordance with the rules of evidence applicable to civil actions.
(4) The board shall deposit fees received under this section to the credit of the Employment Relations Board Administrative Account. [1971 c.729 §21; 1979 c.284 §190; 2007 c.296 §3; 2011 c.593 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.190 - Record of testimony at hearings.

The testimony taken at the hearing shall be reduced to writing and filed with the Employment Relations Board. Thereafter, in its discretion, the board on notice may take further testimony or hear argument, which shall similarly be reduced to writing. [1971 c.729 §22]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.195 - Orders and findings of board.

(1) If, on the preponderance of the evidence taken and in the record, the Employment Relations Board is not of the opinion that the person named in the complaint has engaged in or is engaging in an unfair labor practice, the board shall state its findings of fact and shall issue an order dismissing the complaint.
(2) If, on the preponderance of evidence taken and in the record, the board is of the opinion that a person named in the complaint has engaged in or is engaging in an unfair labor practice, the board shall state its findings of fact and shall issue and cause to be served on that person an order requiring the person to cease and desist from the unfair labor practice and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this chapter.
(3) No order of the board shall require the reinstatement as an employee of an individual who has been suspended or discharged, or the payment to the individual of any back pay, if the individual was suspended or discharged for cause. [1971 c.729 §23]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.200 - Employee reinstatement orders; reports showing compliance with orders.

(1) Except as provided in ORS 663.195 (3), if an order directs reinstatement of an employee, back pay may be required of the employer or labor organization responsible for the discrimination suffered by the employee.
(2) In determining whether a complaint shall issue alleging a violation of ORS 663.120 (1) or (2), and in deciding such cases, the same regulations and rules of decision shall apply irrespective of whether or not the labor organization affected is affiliated with a labor organization national or international in scope.
(3) An order further may require a person to make reports from time to time showing the extent to which it has complied with the order. [1971 c.729 §24]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.205 - Modification, setting aside orders by board; contents of record in certain representation matters.

(1) Until the record of a case has been filed in court as provided in ORS 663.210 or 663.220, the Employment Relations Board at any time, upon reasonable notice and in such manner as it considers proper, may modify or set aside in whole or in part any finding or order made or issued by it.
(2) If an order of the board made pursuant to ORS 663.190, 663.195 and 663.200 is based in whole or in part upon facts certified following an investigation relating to a representation election and there is a petition for the enforcement or review of the order, the certification and the record of the investigation shall be included in the transcript of the entire record required to be filed under ORS 663.210 or 663.220. The judgment of the court enforcing, modifying or setting aside in whole or in part the order of the board shall be made and entered upon the pleadings, testimony and proceedings set forth in the transcript. [1971 c.729 §25; 2003 c.576 §536]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.210 - Enforcement of orders by Court of Appeals; injunctive relief; notice of filing enforcement petition; authority of court in reviewing order.

The Employment Relations Board may petition the Court of Appeals for the enforcement of an order and for appropriate temporary relief or restraining order, and shall file in the court the record in the proceedings. On the filing of the petition the court shall cause notice thereof to be served upon such person, and thereupon it has jurisdiction of the proceeding and the question determined therein. It may grant such temporary relief or restraining order as it considers just and proper, and make and enter a judgment enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the board. [1971 c.729 §26; 2003 c.576 §537]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.215 - Scope of court review of order; additional evidence; modification of findings by board.

(1) No objection that has not been urged before the Employment Relations Board shall be considered by the court, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. The findings of the board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, are conclusive.
(2) If either party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the board, the court may order the additional evidence to be taken before the board, and to be made a part of the record.
(3) The board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file modified or new findings. With respect to questions of fact the modified or new findings, if supported by substantial evidence on the record considered as a whole, are conclusive. [1971 c.729 §27]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.220 - Appeal of board’s order to Court of Appeals; authority of court in reviewing order.

(1) Any person aggrieved by a final order of the Employment Relations Board granting or denying in whole or in part the relief sought may obtain a review of the order in the Court of Appeals by filing in the court a written petition praying that the order of the board be modified or set aside. A copy of the petition shall be transmitted forthwith by the clerk of the court to the board and thereupon the aggrieved party shall file in the court the record in the proceeding, certified by the board.
(2) On the filing of the petition, the court shall proceed in the same manner as in the case of an application by the board under ORS 663.210, and it has the same jurisdiction to grant to the board temporary relief or restraining order as it considers just and proper, and in like manner to make and enter a judgment enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the board. The findings of the board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, are in like manner conclusive. [1971 c.729 §28; 2003 c.576 §538]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.225 - Hearing of petitions; review proceedings not to stay board’s order.

(1) Petitions filed under ORS 663.175 to 663.260 shall be heard expeditiously, and if possible within 10 days after they are docketed.
(2) The commencement of proceedings under ORS 663.210, 663.215 and 663.220 does not, unless specifically ordered by the court, operate as a stay of the Employment Relations Board’s order. [1971 c.729 §29]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.230 - Court jurisdiction in granting injunctive relief or reviewing order not limited by ORS 662.010 to 662.130.

When granting appropriate temporary relief or a restraining order, or making and entering a judgment enforcing, modifying and enforcing as so modified, or setting aside in whole or in part an order of the Employment Relations Board, as provided in ORS 663.175 to 663.260, the jurisdiction of the court is not limited by ORS 662.010 to 662.130. [1971 c.729 §30; 2003 c.576 §539]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.235 - Injunctive relief authorized upon issuance of unfair labor practice complaint; notice to defendant; court jurisdiction.

The Employment Relations Board, on issuance of a complaint charging that any person has engaged in or is engaging in an unfair labor practice, may petition the Court of Appeals for appropriate temporary relief or restraining order. On the filing of any such petition the court shall cause notice thereof to be served upon such person, and thereupon has jurisdiction to grant to the board such temporary relief or restraining order as the court considers just and proper. [1971 c.729 §31]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.240 - Priority of hearing certain unfair labor practice cases.

If it is charged that a person has engaged in an unfair labor practice within the meaning of ORS 663.125 or 663.130 (1), the charge shall be given priority over all other cases except cases of like character where it is filed or referred and cases given priority under ORS 663.250, 663.255 and 663.260. [1971 c.729 §32]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.245 - Hearing unfair labor practice cases involving jurisdictional disputes; dismissal of charges upon voluntary adjustment of dispute.

If it is charged that a person has engaged in an unfair labor practice within the meaning of ORS 663.140 (4), the Employment Relations Board shall hear and determine the dispute out of which the unfair labor practice arose unless, within 10 days after notice that the charge has been filed, the parties to the dispute submit to the board satisfactory evidence that they have adjusted, or agreed upon methods for the voluntary adjustment of, the dispute. On compliance by the parties to the dispute with the decision of the board or upon voluntary adjustment of the dispute, the charge shall be dismissed. [1971 c.729 §33]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.250 - Priority of investigating certain unfair labor practice charges; injunctive relief pending disposition of case; notice of petition; court authority.

(1) If it is charged that a person has engaged in an unfair labor practice within the meaning of ORS 663.140 (1) to (3) or 663.150 or 663.155, the preliminary investigation of the charge shall be made forthwith and given priority over all other cases except cases of like character where it is filed or referred. If, after investigation, the Employment Relations Board or its agent has reasonable cause to believe the charge is true and that a complaint should issue, the board shall petition the Court of Appeals for appropriate injunctive relief pending the final adjudication of the board with respect to the matter.
(2) On the filing of such a petition the court:
(a) Shall cause notice thereof to be served upon any person involved in the charge. Such person, including the charging party, shall be given an opportunity to appear by counsel and present any relevant testimony.
(b) Has jurisdiction to grant such injunctive relief or temporary restraining order as it considers just and proper, notwithstanding any other provision of law.
(3) In situations where such relief is appropriate, the procedure specified in this section applies to charges with respect to ORS 663.140 (4). [1971 c.729 §34; 1975 c.147 §16]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.255 - Injunctive relief without notice; when board not to apply for injunctive relief.

Notwithstanding ORS 663.250:
(1) No temporary restraining order shall be issued without notice unless a petition alleges that substantial and irreparable injury to the charging party will be unavoidable. Such a temporary restraining order is effective for no longer than five days and is void at the expiration of that period.
(2) The Employment Relations Board shall not apply for a restraining order under ORS 663.235 if a charge against the employer under ORS 663.120 (2) has been filed and, after the preliminary investigation, the board has reasonable cause to believe that the charge is true and that a complaint should issue. [1971 c.729 §35; 1975 c.147 §17]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.265 - Application of ORS 663.270 to 663.295 to hearings and investigations.

ORS 663.270 to 663.295 apply to all hearings and investigations which, in the opinion of the Employment Relations Board, are necessary and proper for the exercise of the powers vested in it by this chapter. [1971 c.729 §37]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.270 - Access of board to evidence relating to subject matter of investigation or proceedings; revocation of subpoenas requiring improper information; administration of oaths; taking testimony and evidence.

(1) The Employment Relations Board or its duly authorized agents at all reasonable times shall have access to, for the purpose of examination, and the right to copy, any evidence of a person being investigated or proceeded against that relates to any matter under investigation or in question. The board, upon application of a party to such proceedings, forthwith shall issue to that party subpoenas requiring the attendance and testimony of witnesses or the production of any evidence in the proceeding or investigation requested in the application.
(2) Within five days after the service of a subpoena on a person requiring the production of any evidence in possession or under the control of the person, the board on petition of that person shall revoke the subpoena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in the proceedings, or if in its opinion the subpoena does not describe with sufficient particularity the evidence whose production is required.
(3) The board or its agent designated by it for such purposes, may administer oaths and affirmations, examine witnesses and receive evidence. Attendance of witnesses and the production of such evidence may be required at any designated place of hearing. [1971 c.729 §38; 1975 c.147 §18]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.275 - Refusal to obey subpoenas punished as contempt of court.

In case of contumacy or refusal to obey a subpoena issued to any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Employment Relations Board or its agent, has jurisdiction to issue to the person an order requiring the person to appear before the board or its agent to produce evidence if so ordered, or to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof. [1971 c.729 §39; 1975 c.147 §19]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.280 - Immunity from punishment of persons testifying, producing evidence required by subpoena.

No person shall be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience to a subpoena issued under ORS 663.270, on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the individual is compelled, after having claimed privilege against self-incrimination, to testify or produce evidence, except that the individual so testifying is not exempt from prosecution and punishment for perjury committed in so testifying. [1971 c.729 §40]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.285 - Method of serving process of board; fees for witnesses summoned by board.

(1) Complaints, orders, and other process and papers of the Employment Relations Board or its designated agent issued under this chapter may be served personally, by registered or certified mail, by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving setting forth the manner of service is proof of service. The return post-office receipt or telegraph receipt therefor, when registered and mailed or telegraphed, is proof of service.
(2) Witnesses summoned before the board or its designated agent under this chapter shall be paid the fees and mileage provided for witnesses in ORS 44.415 (2). Witnesses whose depositions are taken and the persons taking the same are severally entitled to the same fees as are paid for like services in the courts of this state. [1971 c.729 §41; 1975 c.147 §20; 1989 c.980 §18]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 663 - Labor Relations Generally › Section 663.295 - Governmental officers and agencies to furnish evidence related to board proceedings.

All officers, departments and agencies of this state, when directed by the Governor, shall furnish the Employment Relations Board, upon its request, all records, papers and information in their possession relating to any matter before the board. [1971 c.729 §43]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 670 - Occupations and Professions Generally › Section 670.010 - Waiver of educational requirement for admission to examination for license or certificate to practice profession, trade or calling.

Any state board or commission that examines applicants for license or certification to practice a profession or engage in a trade or calling may, in its discretion, waive the educational requirement for admission to such examination, provided that the applicant furnishes evidence satisfactory to such state board or commission that the applicant is currently enrolled in a school, college or university approved by such state board or commission and will satisfy the educational requirement for admission to such examination on satisfactory completion of courses for which the applicant is currently enrolled and that this educational requirement will be met not later than four calendar months from the first day of the month following the month in which the examination is given. [1953 c.103 §1; 1975 c.429 §5; 1977 c.47 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 670 - Occupations and Professions Generally › Section 670.020 - Filing evidence of complete educational requirement after taking examination.

(1) Evidence of completion of the educational requirement waived as provided in ORS 670.010 shall be filed with such state board or commission not later than four calendar months from the first day of the month following the month in which the examination is taken. State boards and commissions shall withhold official certification of the successful completion of the examination until such evidence is furnished. The affidavit of the registrar or administrative head of the school, college or university shall be deemed satisfactory evidence.
(2) If any candidate admitted to an examination as provided in ORS 670.010 shall fail or neglect within said period to complete the educational requirement for such examination, then the completion of the examination by such candidate shall be null and void, and of no effect. The state board or commission which examined the candidate, however, shall retain any examination fee paid by the candidate. [1953 c.103 §2; 1975 c.429 §6; 1981 c.89 §19]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 670 - Occupations and Professions Generally › Section 670.030 - Consideration of experience in lieu of education; rules.

(1) As used in this section:
(a) "Occupational or professional service" means a service:
(A) That an individual must possess a license, certificate or other form of authorization to provide under the laws of this state; and
(B) Over which a professional licensing board has regulatory oversight.
(b) "Professional licensing board" means a state agency or board that licenses, certifies or otherwise authorizes individuals to provide an occupational or professional service.
(2) A professional licensing board that regulates an occupational or professional service and that requires up to a high school diploma or equivalent for licensure, certification or other authorization to provide the occupational or professional service may consider an applicant’s relevant experience in lieu of the required education.
(3) A professional licensing board may adopt rules to carry out the provisions of this section. [2017 c.368 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 670 - Occupations and Professions Generally › Section 670.275 - Policy statement.

In enacting chapter 753, Oregon Laws 1971, it is the intention of the Legislative Assembly to provide for the more effective coordination of the administrative functions of boards charged with responsibility for protecting the public through the licensing and regulating of certain professions practiced in this state. Further, it is the intention of the Legislative Assembly to retain responsibility for decisions on qualifications, standards of practice, licensing, discipline and other discretionary functions relating to professional activities in the professional licensing boards, members of which are qualified by education, training and experience to make the necessary judgments. [Formerly 184.575]
Note:
Legislative Counsel has substituted "chapter 753, Oregon Laws 1971," for the words "this Act" in section 1, chapter 753, Oregon Laws 1971, compiled as 670.275 [Formerly 184.575]. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 670 - Occupations and Professions Generally › Section 670.280 - Denial, suspension or revocation of license based on criminal conviction; rebuttable presumption; denial of license or imposition of discipline for conduct substantially related to fitness and ability of applicant or licensee.

(1) As used in this section:
(a) "License" includes a registration, certification or permit.
(b) "Licensee" includes a registrant or a holder of a certification or permit.
(2) Except as provided in ORS 342.143 (3) or 342.175 (3), a licensing board, commission or agency may not deny, suspend or revoke an occupational or professional license solely for the reason that the applicant or licensee has been convicted of a crime, but it may consider the relationship of the facts which support the conviction and all intervening circumstances to the specific occupational or professional standards in determining the fitness of the person to receive or hold the license. There is a rebuttable presumption as to each individual applicant or licensee that an existing or prior conviction for conduct that has been classified or reclassified as a Class E violation does not make an applicant for an occupational or professional license or a licensee with an occupational or professional license unfit to receive or hold the license.
(3) Except as provided in ORS 342.143 (3) and 342.175 (3), a licensing board, commission or agency may deny an occupational or professional license or impose discipline on a licensee based on conduct that is not undertaken directly in the course of the licensed activity, but that is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required. In determining whether the conduct is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required, the licensing board, commission or agency shall consider the relationship of the facts with respect to the conduct and all intervening circumstances to the specific occupational or professional standards. There is a rebuttable presumption as to each individual applicant or licensee that an existing or prior conviction for conduct that has been classified or reclassified as a Class E violation is not related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required. [1973 c.359 §1; 1991 c.662 §6a; 2003 c.749 §13; 2009 c.386 §5; 2021 c.2 §21; 2021 c.591 §17]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 670 - Occupations and Professions Generally › Section 670.283 - Power of state agency to suspend license includes power to reinstate.

If a state agency, board or commission has the power to issue any license, certification or registration necessary to practice any profession or engage in any trade or calling, any statute granting the state agency, board or commission the power to suspend the license, certification or registration includes the power to reinstate:
(1) At a time certain; or
(2) When the person subject to suspension fulfills conditions for reinstatement set by the agency, board or commission. [1979 c.201 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 670 - Occupations and Professions Generally › Section 670.290 - Prohibited uses of juvenile records in employment, licensing or admission.

It shall be unlawful for any state agency or licensing board, including the Oregon State Bar, to:
(1) Require that an applicant for employment, licensing or admission answer any questions regarding the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271;
(2) Bar or discharge from employment or refuse to hire or employ such individual because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271; or
(3) Deny, revoke or suspend a license because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271. [1977 c.801 §2; 1983 c.820 §16; 1993 c.33 §360; 2021 c.585 §11]