Oregon Revised Statutes Chapter 243 § 243.676 — Processing of unfair labor practice complaints; civil penalties

Processing of unfair labor practice complaints; civil penalties. (1) Whenever a written complaint is filed alleging that any person has engaged in or is engaging in any unfair labor practice listed in ORS 243.672 (1) to (4) and 243.752, the Employment Relations Board or its agent shall: (a) Cause to be served upon such person a copy of the complaint; (b) Investigate the complaint to determine if a hearing on the unfair labor practice charge is warranted. If the investigation reveals that no issue of fact or law exists, the board may dismiss the complaint; and (c) Set the matter for hearing if the board finds in its investigation made pursuant to paragraph (b) of this subsection that an issue of fact or law exists. The hearing shall be before the board or an agent of the board not more than 20 days after a copy of the complaint has been served on the person. (2) Where, as a result of the hearing required pursuant to subsection (1)(c) of this section, the board finds that any person named in the complaint has engaged in or is engaging in any unfair labor practice charged in the complaint, the board shall: (a) State its findings of fact; (b) Issue and cause to be served on such person an order that the person cease and desist from the unfair labor practice; (c) Take such affirmative action, including but not limited to the reinstatement of employees with or without back pay, as necessary to effectuate the purposes of ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290; (d) Designate the amount and award representation costs, if any, to the prevailing party; and (e) Designate the amount and award attorney fees, if any, to the prevailing party on appeal, including proceedings for Supreme Court review, of a board order. (3) Where the board finds that the person named in the complaint has not engaged in or is not engaging in an unfair labor practice, the board shall: (a) Issue an order dismissing the complaint; and (b) Designate the amount and award representation costs, if any, to the prevailing party. (4)(a) The board may award a civil penalty to any person as a result of an unfair labor practice complaint hearing, in the aggregate amount of up to $1,000 per case, without regard to attorney fees, if: (A) The complaint has been affirmed pursuant to subsection (2) of this section and the board finds that the person who has committed, or who is engaging, in an unfair labor practice has done so repetitively, knowing that the action taken was an unfair labor practice and took the action disregarding this knowledge, or that the action constituting the unfair labor practice was egregious; or (B) The complaint has been dismissed pursuant to subsection (3) of this section, and that the complaint was frivolously filed, or filed with the intent to harass the other person, or both. (b) Notwithstanding paragraph (a) of this subsection, if the board finds that a public employer named in the complaint violated ORS 243.670 (2), the board shall impose a civil penalty equal to triple the amount of funds the public employer expended to assist, promote or deter union organizing. (c)(A) Notwithstanding paragraph (a) of this subsection, but subject to subparagraph (C) of this paragraph, if the board finds that the public employer named in the complaint has violated ORS 243.804 (4) or 243.806 (7) and that the employer has previously violated either provision, the board shall impose a civil penalty of not less than $1,000 nor more than $5,000. For any subsequent violation, the board shall impose a civil penalty of not less than $5,000 nor more than $10,000. (B) In determining the amount of the civil penalty to impose under this paragraph, the board shall consider extenuating circumstances that the employer has proven contributed to or caused the violation. An extenuating circumstance is not an affirmative defense to a violation described in subparagraph (A) of this paragraph. (C) A finding of a violation under subparagraph (A) of this paragraph is not subject to a civil penalty under subparagraph (A) of this paragraph if the employer establishes that the violation resulted directly from: (i) A natural disaster, as defined in ORS 197A.440; (ii) A computer crime, as defined in ORS 164.377; or (iii) Destruction by fire, flood, or other catastrophic event at the employer’s place of business that significantly disrupted the public employer’s operations relating to the violation. (5) As used in subsections (1) to (4) of this section, “person” includes but is not limited to individuals, labor organizations, associations and public employers. [1973 c.536 §5; 1979 c.219 §1; 1983 c.504 §1; 1983 c.559 §1; 2013 c.663 §7; 2019 c.429 §12; 2019 c.439 §2; 2025 c.270 §1] (Representation Matters)