§20.8 Union Unfair Labor Practices

LibraryLabor and Employment Law: Private Sector (OSBar) (2011 Ed.)
§20.8 UNION UNFAIR LABOR PRACTICES

It is a unfair labor practice (ULP) for a union or its agents to engage in the following conduct:

(1) "To cause or attempt to cause an employer to discriminate against an employee in violation of ORS 663.125" or against an employee whose union membership has been denied or terminated for some reason other than failure to tender fees and dues uniformly required under a union security agreement, ORS 663.130(1);

(2) To refuse to bargain collectively with an employer when the union has been certified as a representative of that employer's employees, ORS 663.130(2);

(3) To cause or attempt to cause an employer to pay, deliver, or agree to pay or deliver any money or thing of value for services that are not performed or not to be performed, ORS 663.130(3);

(4) To restrain or coerce an employer's selection of its collective bargaining or grievance adjustment representative, ORS 663.130(4)(a); and

(5) To restrain or coerce employees in the exercise of their protected rights, ORS 663.130(4)(b).

In National Association of Orchestra Leaders and Peterson v. Southwestern Oregon Musicians Association No. 520 AFM, ERB Case No UP-12-77 (1978), a union's attempts to cause band leaders to discriminate against musicians who were not union members were held to violate ORS 663.130(1). Although ORS chapter 663 permits an employer to enter into a valid union security agreement, no such agreement existed. In the absence of such an agreement, a union cannot lawfully pressure an employer to require its...

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