2015 ORS § 663.020¹

Determination of appropriate unit for purposes of collective bargaining

(1) The Employment Relations Board shall decide in each case whether the unit appropriate for the purposes of collective bargaining is the employer unit, craft unit, plant unit, or subdivision thereof. However, the board shall not decide that:

(a) A unit is appropriate for such purposes if the unit includes both professional employees and employees who are not professional employees, unless a majority of the professional employees vote for inclusion in the unit;

(b) A craft unit is inappropriate for such purposes on the ground that a different unit has been established by a prior determination of the board unless a majority of the employees in the proposed craft unit vote against separate representation; or

(c) A unit is appropriate for such purposes if it includes, together with other employees, an individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employers premises. However, no labor organization shall be certified as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards.

(2) In determining whether a unit is appropriate for the purposes specified in subsection (1) of this section, the extent to which the employees have organized is not controlling. [Formerly 662.545]

Chapter 663

Notes of Decisions

In considering an ac­tion by a union member against a union for breach of duty of fair representa­tion, the state courts must apply federal substantive law and are bound by decisions of federal courts. Wheeler v. Intl. Woodworkers of Am., 274 Or 373, 547 P2d 106 (1976)


1 Legislative Counsel Committee, CHAPTER 663—Labor Relations Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors663.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 663, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano663.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.