SUMMARY
Chapter 8 discusses various unfair labor practices (ULPs) in the context of the Public Employees Collective Bargaining Act, employee actions protected by the Act, Employment Relations Board analysis of ULP complaints, and remedies. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 8
COMPLAINTS OF UNLAWFUL EMPLOYER DISCRIMINATION AND INTERFERENCE WITH COLLECTIVE-BARGAINING RIGHTS
Jason M. Weyand
Adam S. Collier
§ 8.1 INTRODUCTION
§ 8.2 SUBSECTION (1)(a): THE “IN” AND BECAUSE OF” PROHIBITIONS
§ 8.2-1 General Principles
§ 8.2-2 The “Because of” Prohibition
§ 8.2-3 The “In the Exercise of” Prohibition
§ 8.2-4 Protected Activity Under Subsection (1)(a): First of Three Elements of a Claim
§ 8.2-5 Employer Actions: Second of Three Elements of a Claim
§ 8.2-6 Causal Connection Between the Protected Activity and the Employer’s Action: Third of Three Elements of a Claim
§ 8.3 SUBSECTION (1)(c): ENCOURAGING OR DISCOURAGING UNION MEMBERSHIP
§ 8.3-1 General Principles
§ 8.3-2 Elements of a Subsection (1)(c) Claim
§ 8.3-3 Employer Action
§ 8.3-4 Employer’s Intent
§ 8.3-5 Protection Applies Broadly to All Types of “Union Activity”
§ 8.4 CASE-PRESENTATION ISSUES REGARDING SUBSECTIONS (1)(a) AND (1)(c)
§ 8.4-1 Burden of Proof
§ 8.4-2 Mixed-Motive Cases
§ 8.4-3 Evidentiary Inferences
§ 8.4-4 Defenses
§ 8.5 SUBSECTION (1)(b): EMPLOYER DOMINATION OF, INTERFERENCE WITH, OR ASSISTANCE TO LABOR ORGANIZATIONS
§ 8.5-1 Overview of ORS 243.672(1)(b)
§ 8.5-2 Impacts of Recent Legislation
§ 8.5-3 Unlawful Interference or Domination with the Formation, Existence, or Administration of a Labor Organization
§ 8.5-4 Examples of Unlawful Interference or Domination 8-52
§ 8.5-5 Examples of Conduct That Did Not Constitute Unlawful Interference or Domination
§ 8.5-6 Unlawful Assistance to a Labor Organization
§ 8.6 REMEDIES SPECIFIC TO ORS 243.672(1)(b) VIOLATIONS
§ 8.6-1 Cease-And-Desist-Order; Posting
§ 8.6-2 Affirmative Relief
§ 8.7 VIOLATIONS OF ORS 243.672(1)(i)
§ 8.7-1 Overview of ORS 243.670 and 243.672(1)(i)
§ 8.7-2 Legal Standards and Examples of Unlawful Interference
§ 8.7-3 Examples Where ERB Concluded That Conduct Was Lawful
§ 8.7-4 Remedies Specific to ORS 243.672(1)(i) Violations
§ 8.8 VIOLATIONS OF ORS 243.672(j) AND (k)
§ 8.8-1 Overview
§ 8.8-2 ERB Analysis of ORS 243.672(1)(j) Claim