ORS 243.726
Public employee strikes

equitable relief against certain strikes
effect of unfair labor practice charge on prohibited strike

Text
Annotations 4

(1)

Participation in a strike shall be unlawful for any public employee who is not included in an appropriate bargaining unit for which an exclusive representative has been certified by the Employment Relations Board or recognized by the employer; or is included in an appropriate bargaining unit that provides for resolution of a labor dispute by petition to final and binding arbitration; or when the strike is not made lawful under ORS 240.060 (Employment Relations Board), 240.065 (Appointment), 240.080 (Chairperson appointed by Governor), 240.123 (Board personnel), 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) and 341.290 (General powers).

(2)

It shall be lawful for a public employee who is not prohibited from striking under subsection (1) of this section and who is in the appropriate bargaining unit involved in a labor dispute to participate in a strike over mandatory subjects of bargaining provided:

(a)

The requirements of ORS 243.712 (Mediation upon failure to agree after 150-day period) and 243.722 (Fact-finding procedure) relating to the resolution of labor disputes have been complied with in good faith;

(b)

Thirty days have elapsed since the board has made public the fact finder’s findings of fact and recommendations or the mediator has made public the parties’ final offers;

(c)

The exclusive representative has given 10 days’ notice by certified mail of its intent to strike and stating the reasons for its intent to strike to the board and the public employer;

(d)

The collective bargaining agreement has expired, or the labor dispute arises pursuant to a reopener provision in a collective bargaining agreement or renegotiation under ORS 243.702 (Renegotiation of invalid provisions in agreements) (1) or renegotiation under ORS 243.698 (Expedited bargaining process); and

(e)

The union’s strike does not include unconventional strike activity not protected under the National Labor Relations Act on June 6, 1995, and does not constitute an unfair labor practice under ORS 243.672 (Unfair labor practices) (3).

(3)

Intentionally left blank —Ed.

(a)

Where the strike occurring or is about to occur creates a clear and present danger or threat to the health, safety or welfare of the public, the public employer concerned may petition the circuit court of the county in which the strike has taken place or is to take place for equitable relief including but not limited to appropriate injunctive relief.

(b)

If the strike is a strike of state employees the petition shall be filed in the Circuit Court of Marion County.

(c)

If, after hearing, the court finds that the strike creates a clear and present danger or threat to the health, safety or welfare of the public, it shall grant appropriate relief. Such relief shall include an order that the labor dispute be submitted to final and binding arbitration within 10 days of the court’s order pursuant to procedures in ORS 243.746 (Selection of arbitrator).

(4)

Intentionally left blank —Ed.

(a)

A labor organization may not declare or authorize a strike of public employees that is or would be in violation of this section. When it is alleged in good faith by the public employer that a labor organization has declared or authorized a strike of public employees that is or would be in violation of this section, the employer may petition the board for a declaration that the strike is or would be unlawful. The board, after conducting an investigation and hearing, may make such declaration if it finds that such declaration or authorization of a strike is or would be unlawful.

(b)

When a labor organization or individual disobeys an order of the appropriate circuit court issued pursuant to enforcing an order of the board involving this section and ORS 243.736 (Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel) or 243.738 (Strikes by employees of mass transit districts, transportation districts and municipal bus systems), they shall be punished according to the provisions of ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability), except that the amount of the fine shall be at the discretion of the court.

(5)

An unfair labor practice by a public employer shall not be a defense to a prohibited strike. The board upon the filing of an unfair labor charge alleging that a public employer has committed an unfair labor practice during or arising out of the collective bargaining procedures set forth in ORS 243.712 (Mediation upon failure to agree after 150-day period) and 243.722 (Fact-finding procedure), shall take immediate action on such charge and if required, petition the court of competent jurisdiction for appropriate relief or a restraining order.

(6)

As used in this section, “danger or threat to the health, safety or welfare of the public” does not include an economic or financial inconvenience to the public or to the public employer that is normally incident to a strike by public employees. [1973 c.536 §16; 1979 c.257 §1; 1989 c.1089 §1; 1991 c.724 §28; 1995 c.286 §8; 2017 c.496 §5; 2019 c.429 §13; 2019 c.439 §3]

Source: Section 243.726 — Public employee strikes; equitable relief against certain strikes; effect of unfair labor practice charge on prohibited strike, https://www.oregonlegislature.gov/bills_laws/ors/ors243.html.

Notes of Decisions

Where collective bargaining contract between union and county contained mandatory grievance procedures, ERB, after determining that strike was not in violation of this section, lacked authority to proceed to interpret contract without requiring parties to arbitrate matter. AFSCME v. Lane County Commissioners, 45 Or App 161, 607 P2d 1212 (1980), Sup Ct review denied, on reconsideration46 Or App 645, 612 P2d 759 (1980)

When some members of certified bargaining unit were prohibited by law from striking and required by law to resort to compulsory arbitration, all members of bargaining unit were subject to compulsory arbitration so arbitrator’s award was applicable to all members of bargaining unit. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied

Attorney General Opinions

Authority of teachers to strike during contract year in absence of collective bargaining agreements, and to engage in picketing, (1975) Vol 37, p 732

Law Review Citations

68 OLR 149 (1989); 28 WLR 259 (1992); 32 WLR 707 (1996)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 243.726 Public employee strikes

(1)

(2)

(a)

(b)

(c)

(d)

(e)

(3)

(a)

(b)

(c)

(4)

(a)

(b)

(5)

(6)

Notes of Decisions

Attorney General Opinions

Law Review Citations

ORS 243.726
Public employee strikes