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Unfair labor practices

ERB has exclusive jurisdiction over “unfair labor practice” (ULP) complaints filed against public employers or labor organizations that represent public employees. To file a ULP Complaint, please use the appropriate ULP complaint form for your situation. Please follow instructions specific to each form.

To see what constitutes a public employer ULP, see ORS 243.672(1).

To see what constitutes a labor organization ULP, see ORS 243.672(2).


You can also read Board orders that determine whether certain conduct was determined to be a ULP. We have also prepared a ULP Q & A Guide to provide further information about how ULPs are processed and determined.


 

 

  
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​Complainant alleges that Respondent has violated the following subsection(s) of ORS 243.672(1) or ORS 243.752 of the Public Employee Collective Bargaining Act, which make it an unfair labor practice for a public employer or its designated representative to:

 
  • 243.672(1)(a): Interfere with, restrain or coerce employees in or because of the exercise of rights guaranteed in ORS 243.662.
  • 243.672(1)(b): Dominate, interfere with or assist in the formation, existence or administration of any employee organization.
  • 243.672(1)(c): Discriminate in regard to hiring, tenure or any terms or condition of employment for the purpose of encouraging or discouraging membership in an employee organization.
  • 243.672(1)(d): Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition or complaint or has given information or testimony under ORS 243.650 to 243.806.
  • 243.672(1)(e): Refuse to bargain collectively in good faith with the exclusive representative.
  • 243.672(1)(f): Refuse or fail to comply with any provision of ORS 243.650 to 243.806.
  • 243.672(1)(g): Violate the provisions of any written contract with respect to employment relations including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept arbitration awards as final and binding upon them.
  • 243.672(1)(h): Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract.
  • 243.672(1)(i): Violate ORS 243.670(2), relating to the use of public funds to support actions to assist, promote or deter union organizing.
  • 243.752: Refuse or fail to comply with any provision of a final and binding arbitration award.

 
Statement of Claims

You must attach a statement of claims to this Complaint. The statement must provide the following information:

  • A clear and concise statement of the facts involved in each alleged unfair labor practice (including relevant dates, names, places, and actions);
  • A specific reference to each section and subsection of the law allegedly violated; and
  • A brief description of the remedies Complainant is seeking.

If you refer to documents in the statement of claims, you may attach copies of those documents to the statement.

If you are requesting a civil penalty and/or filing-fee reimbursement, the statement of claims must also include an explanation of why you believe a civil penalty and/or filing-fee reimbursement is appropriate in your case, and a clear and concise statement of the facts alleged in support of the request(s). See OAR 115-035-0075.

If you are requesting expedited processing, you must also provide the affidavit required by the Board’s rules. See OAR 115-035-0060.


 

  
​Complainant alleges that Respondent Labor Organization has violated ORS 243.672(2)(a), which makes it an unfair labor practice for a labor organization or its designated representative to interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under ORS 243.650 to 243.806.

 
Complainant also alleges that Respondent Employer has violated ORS 243.672(1)(g), which makes it an unfair labor practice for a public employer or its designated representative to violate the provisions of any written contract with respect to employment relations including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept arbitration awards as final and binding upon them. 

 
Statement of Claims

 
You must attach a statement of claims to this Complaint. The statement must provide the following information:
  • A clear and concise statement of the facts involved in each alleged unfair labor practice (including relevant dates, names, places, and actions);
  • A specific reference to each section and subsection of the law allegedly violated; and
  • A brief description of the remedies Complainant is seeking.

 
If you refer to documents in the statement of claims, you may attach copies of those documents to the statement.

If you are requesting a civil penalty and/or fee reimbursement, the statement of claims must also include an explanation of why you believe a civil penalty and/or filing-fee reimbursement is appropriate in your case, and a clear and concise statement of the facts alleged in support of the request(s). See OAR 115-035-0075.
If you are requesting expedited processing, you must also provide the affidavit required by the Board’s rules. See OAR 115-035-0060.
  
Charging Party alleges that Respondent has violated sections and sub-sections of the private sector labor management relations law, ORS 663.005-663.295.

 
Statement of Claims

 
You must attach a statement of claims to this Charge. The statement must provide the following information:
  • A clear and concise statement of the facts involved in each alleged unfair labor practice (including relevant dates, names, places, and actions);
  • A specific reference to each section and subsection of the law allegedly violated; and
  • A brief description of the remedies Charging Party is seeking.
If you refer to documents in the statement of claims, you may attach copies of those documents to the statement.
  
​Complainant alleges that Respondent has violated the following subsection(s) of ORS 243.672(2) or ORS 243.752 of the Public Employee Collective Bargaining Act, which make it an unfair labor practice for a public employee or for a labor organization or its designated representative to:
  • 243.672(2)(a): Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under ORS 243.650 to 243.806.
  • 243.672(2)(b): Refuse to bargain collectively in good faith with the public employer if the labor organization is an exclusive representative.
  • 243.672(2)(c): Refuse or fail to comply with any provision of ORS 243.650 to 243.806​.
  • 243.672(2)(d): Violate the provisions of any written contract with respect to employment relations, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept arbitration awards as final and binding upon them.
  • 243.672(2)(e): Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting  contract.
  • 243.672(3): Engage in unconventional strike activity not protected for private sector employees under the National Labor  Relations Act on June 6, 1995 (if a labor organization).
  • 243.672(4): Picket or cause, induce, or encourage to be picketed, or threaten to engage in such activity, at the residence or business premises of any individual who is a member of the governing body of a public employer, with respect to a dispute over a collective bargaining agreement or negotiations over employment relations, if an objective or effect of such picketing is to induce another person to cease doing business with the governing body member’s business or to cease handling, transporting or dealing in goods or services produced at the governing body’s business (if a labor organization).
  • 243.752: Refuse or fail to comply with any provision of a final and binding arbitration award.

 
Statement of Claims

You must attach a statement of claims to this Complaint. The statement must provide the following information:

  • A clear and concise statement of the facts involved in each alleged unfair labor practice (including relevant dates, names, places, and actions);
  • A specific reference to each section and subsection of the law allegedly violated; and
  • A brief description of the remedies Complainant is seeking.

If you refer to documents in the statement of claims, you may attach copies of those documents to the statement.
If you are requesting a civil penalty and/or filing-fee reimbursement, the statement of claims must also include an explanation of why you believe a civil penalty and/or filing-fee reimbursement is appropriate in your case, and a clear and concise statement of the facts alleged in support of the request(s). See OAR 115-035-0075.
If you are requesting expedited processing, you must also provide the affidavit required by the Board’s rules.
See OAR 115-035-0060.​