(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]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 663 - Labor Relations Generally
Section 663.005 - Definitions.
Section 663.020 - Determination of appropriate unit for purposes of collective bargaining.
Section 663.025 - Filing of representation petition; investigation; hearing; election.
Section 663.035 - Filing of deauthorization petition; election; limitation.
Section 663.120 - Employer unfair labor practices.
Section 663.125 - Other employer unfair labor practices.
Section 663.127 - Union security agreements.
Section 663.130 - Union unfair labor practices.
Section 663.140 - Encouraging certain strikes; refusals to handle products.
Section 663.150 - Picketing to force recognition of or bargaining with union.
Section 663.170 - Unfair labor practice provisions not retroactive.
Section 663.185 - Amendment of complaint; filing answer; intervenors; fees; conduct of proceedings.
Section 663.195 - Orders and findings of board.
Section 663.200 - Employee reinstatement orders; reports showing compliance with orders.
Section 663.225 - Hearing of petitions; review proceedings not to stay board’s order.
Section 663.255 - Injunctive relief without notice; when board not to apply for injunctive relief.
Section 663.285 - Method of serving process of board; fees for witnesses summoned by board.