Chapter 662

 

      662.010 to 662.130

 

NOTES OF DECISIONS

 

      Clear proof of participation, authorization or ratification with knowledge by union or its officers or members sought to be enjoined is prerequisite to their being enjoined against conduct involving unlawful acts of others. Louisiana-Pacific v. Lumber and Sawmill Workers, 296 Or 537, 679 P2d 289 (1984)

 

      662.020

 

LAW REVIEW CITATIONS: 51 OLR 241 (1971)

 

      662.040

 

NOTES OF DECISIONS

 

      This section did not prohibit suit pursuant to [former] ORS 659.121 for injunctive relief against unlawful employment practice. Vaughn v. Pacific Northwest Bell Telephone, 289 Or 73, 611 P2d 281 (1980)

 

      662.070

 

NOTES OF DECISIONS

 

      “Clear proof” standard of this section applies to issuance of injunction. Louisiana-Pacific v. Lumber and Sawmill Workers, 296 Or 537, 679 P2d 289 (1984)

 

      662.090

 

NOTES OF DECISIONS

 

      Fact that injunction was upheld against one defendant does not prohibit award of attorney fees to defendants against whom injunction was erroneously issued. Louisiana-Pacific v. Lumber and Sawmill Workers, 299 Or 525, 704 P2d 104 (1985)

 

      Defendants’ claim for attorney fees is not limited to amount of bond required by statute. Louisiana-Pacific v. Lumber and Sawmill Workers, 299 Or 525, 704 P2d 104 (1985)

 

      662.205

 

NOTES OF DECISIONS

 

      “Employer” does not include school districts. Sullivan v. Kizer, 115 Or App 206, 839 P2d 227 (1992), Sup Ct review denied

      “Lockout” includes situation where employer refuses to allow part of labor force to work, but allows remainder of labor force to work. Abu-Adas v. Employment Dept., 325 Or 480, 940 P2d 1219 (1997)

 

      662.215

 

NOTES OF DECISIONS

 

      Because school districts are not “employers,” district school board did not violate this section by hiring substitute teachers. Sullivan v. Kizer, 115 Or App 206, 839 P2d 227 (1992), Sup Ct review denied

 

      662.405

 

NOTES OF DECISIONS

 

      This section reflects legislative policy favoring collective bargaining remedies but does not mandate their absolute exclusivity. Vaughn v. Pacific Northwest Bell Telephone, 289 Or 73, 611 P2d 281 (1980)

 

LAW REVIEW CITATIONS: 51 OLR 233 (1971)

 

      662.435

 

ATTY. GEN. OPINIONS: School law covering mediation limiting this section, (1971) Vol 35, p 961