§20.3 Lawyer as Union Member

• Library: Labor and Employment Law: Public Sector (OSBar) (2011 Ed.)

§20.3 LAWYER AS UNION MEMBER

§20.3-1 In General

Lawyers have the right to unionize. See Note, Laura Midwood & Amy Vitacco, The Right of Attorneys to Unionize, Collectively Bargain, and Strike: Legal and Ethical Considerations, 18 Hofstra Lab & Emp LJ 299, 303 (2000) (citation not verified by publisher); Teamsters Local Union No. 223 v. Tillamook County District Attorney's Office, 15 PECBR 373 (1994).

§20.3-2 Lawyers' Right to Strike

Lawyers who are public employees may strike without violating their ethical responsibilities. OSB Formal Ethics Op. No. 2005-162. See In the Matter of the Petition for Declaratory Ruling Filed by Oregon Public Employees Union, 15 PECBR 527 (1994) (deputy district attorneys are not prohibited from striking under the Public Employee Collective Bargaining Act). However, the Oregon Rules of Professional Conduct may affect the manner in which a lawyer participates in an otherwise lawful strike, possibly implicating Oregon RPC 1.3 (a lawyer may not...