§14.2 Little Norris-la Guardia Act

LibraryLabor and Employment Law: Private Sector (OSBar) (2011 Ed.)
§14.2 LITTLE NORRIS-LA GUARDIA ACT

§14.2-1 Purpose and Coverage

The Little Norris-LaGuardia Act, ORS 662.010—662.130, is modeled on the federal Norris-LaGuardia Act, 29 USC §§101—115. See Louisiana-Pacific Corp. v. Lumber & Sawmill Workers, Local No. 2949, 296 Or 537, 539—543, 679 P2d 289 (1984). Like its federal counterpart, the Little Norris-LaGuardia Act is designed to restrict the use of injunctions in labor disputes. Louisiana-Pacific Corp., 296 Or at 539—540.

An injunction cannot be issued "in a case involving or growing out of a labor dispute, except in strict conformity with" the Little Norris-

LaGuardia Act. ORS 662.040.

The Little Norris-LaGuardia Act defines specific acts that are not enjoinable. These activities include refusing to work, joining or remaining a member of a union or employer organization, giving publicity to the fact of a labor dispute, and assembling peaceably to act or organizing to act in promotion of one's interest in a labor dispute. ORS 662.050. The law also prohibits issuance of injunctions against persons who undertake to do those things collectively. ORS 662.060.

The term 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." ORS 662.010(1).

Oregon courts have interpreted this language to encompass only activity that is lawful. State ex rel. Tidewater...

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