§20.2 Persons Covered

LibraryLabor and Employment Law: Private Sector (OSBar) (2011 Ed.)
§20.2 PERSONS COVERED

§20.2-1 Employers

ORS chapter 663 defines the word employer by exclusion. Employers subject to ORS chapter 663 include employers or their agents who are not:

(1) Governmental employers or corporations;

(2) Persons involved in the building and construction industry;

(3) Labor organizations;

(4) Persons subject to the Railway Labor Act (45 USC §§151—163, 181—188); or

(5) Persons subject to the jurisdiction of the National Labor Relations Board (NLRB) under "existing jurisdictional standards, pursuant to the Labor Management Relations Act [LMRA]" (29 USC §§141—187).

ORS 663.005(4).

The LMRA grants the NLRB authority to exercise its jurisdiction over all employers in interstate commerce. In 1958 the NLRB established jurisdictional standards based on factors such as direct and indirect outflow and inflow of goods and services furnished to the employer from outside the state or sent by the employer to outside the state. The NLRB generally asserts jurisdiction over nonretail enterprises that have a gross revenue inflow or outflow of at least $50,000 per year. Siemons Mailing Service, 122 NLRB 81, 81—82 (1958) (citing NLRB Press Release R-576); see Teamsters Local 670 v. United Foods, Inc., 96 Or App 557, 560, 773 P2d 782 (1989). The NLRB declines jurisdiction over integrated retail establishments that have a gross volume of business of less than...

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