Chapter 661 — Organized Labor; Union Labels

 

2019 EDITION

 

 

ORGANIZED LABOR; UNION LABELS

 

LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

LABOR ORGANIZATIONS; COLLECTIVE BARGAINING

 

661.010     Lawfulness of labor unions

 

661.020     Labor not a commodity; employment rights are personal

 

661.030     Collective bargaining for lawful purposes is legal

 

661.040     Limitations on fees charged laborers by collective bargaining agents; access to and inspection of records; accounting

 

661.045     Policy; union security agreements

 

UNION LABELS

 

661.210     Counterfeiting of union label and possession or sale thereof prohibited

 

661.220     Unauthorized use of label, name or seal of union prohibited

 

661.230     Registration of union label; actions to compel or cancel registration

 

661.250     Actions to enjoin counterfeits or unauthorized use of label; injunction; damages; destruction of counterfeits

 

661.260     Liability for false or fraudulent application; criminal penalties

 

661.270     Who may bring action on behalf of unincorporated association or union

 

661.280     Attorney fees

 

PENALTIES

 

661.990     Penalties

 

LABOR ORGANIZATIONS; COLLECTIVE BARGAINING

 

      661.010 Lawfulness of labor unions. Working men and women may organize themselves into, or carry on labor unions for the purpose of lessening the hours of labor, increasing the wages, bettering the conditions of the members of such organizations or carrying out their legitimate purposes as freely as they could do if acting singly.

 

      661.020 Labor not a commodity; employment rights are personal. (1) The labor of a human being is not a commodity or article of commerce.

      (2) The right to enter into the relation of employer and employee, to change that relation, to assume and create a new relation for employer and employee or to work and labor as an employee, shall be held and construed to be a personal and not a property right.

 

      661.030 Collective bargaining for lawful purposes is legal. No person shall be indicted, prosecuted or tried in any court of this state for entering into or carrying on any arrangement, agreement or combination between themselves made with a view of lessening the number of hours of labor or increasing wages, bettering the conditions of working men and women or for any act done in pursuance thereof, unless such act is in itself forbidden by law if done by a single individual.

 

      661.040 Limitations on fees charged laborers by collective bargaining agents; access to and inspection of records; accounting. (1) No organization, association or person, legally authorized to act as collective bargaining agent or representative of laboring people, shall make any charge or exaction for initiation fees, dues, fines or other exactions, which will create a fund in excess of the legitimate requirements of such organization, association or person, in carrying out the lawful purpose or activities of such organization, association or person.

      (2) Every such organization, association and person shall keep accurate books itemizing all receipts and expenditures and the purpose of such expenditures.

      (3) Any member of any labor organization or association is entitled at all reasonable times to inspect the books, records and accounts of such association or organization, or any agent or representative thereof, and to have an accounting of all money and property thereof.

      (4) The circuit courts of this state, and the judges thereof, have jurisdiction to enforce this section, including full power to issue restraining orders and temporary and permanent injunctions, and such other and further orders as may be necessary or appropriate to carry out and enforce this section.

 

      661.045 Policy; union security agreements. (1) To encourage labor peace, it is the policy of the State of Oregon to allow private sector labor organizations and employers to enter into union security agreements to the full extent allowed by federal law.

      (2) It is the intent of the Legislative Assembly in enacting ORS 663.127 to exercise the limited authority reserved to states under section 14(b) of the National Labor Relations Act. [2017 c.369 §1]

 

      Note: 661.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 661 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

UNION LABELS

 

      661.210 Counterfeiting of union label and possession or sale thereof prohibited. Whenever any person or any association or union adopts or uses any label, trademark, term, design, device or form of advertisement for the purpose of designating, making known or distinguishing any goods, wares, merchandise or other product of labor as having been made, manufactured, produced, prepared, packed or put on sale by such person or association or union, or by members of such association or union:

      (1) A person shall not counterfeit or imitate such label, trademark, term, design, device or form of advertisement, or use, sell, offer for sale or in any way utter or circulate any counterfeit or imitation of any such label, trademark, term, design, device or form of advertisement;

      (2) A person shall not keep or have in possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped or impressed;

      (3) A person shall not knowingly sell or dispose of any goods, wares, merchandise or other product of labor contained in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed; and

      (4) A person shall not keep or have in possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor, in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed. [Amended by 2001 c.104 §255]

 

      661.220 Unauthorized use of label, name or seal of union prohibited. (1) No person shall use or display the genuine label, trademark, term, design, device or form of advertisement of any person, association or union in any manner not authorized by such person, union or association.

      (2) No person shall in any way use the name or seal of any person, association or union, or officer thereof, in and about the sale of goods, or otherwise, without authorization to do so.

 

      661.230 Registration of union label; actions to compel or cancel registration. (1) A person, association or union that uses a label, trademark, term, design, device or form of advertisement for the purpose described in ORS 661.210 may file an application to register the label, trademark, term, design, device or form of advertisement with the Secretary of State in accordance with the requirements, procedures and policies set forth for registering marks under ORS 647.015. The Secretary of State shall evaluate the application as provided in ORS 647.029 and 647.035, shall determine whether the label, trademark, term, design, device or form of advertisement is in use as provided in ORS 647.017 and may issue a certificate of registration for the label, trademark, term, design, device or form of advertisement as provided in ORS 647.045.

      (2) A certificate of registration that the Secretary of State issues under this section is:

      (a) Effective for the term set forth in ORS 647.055;

      (b) Subject to renewal as provided in ORS 647.055; and

      (c) Subject to cancellation as provided in ORS 647.075.

      (3) For registrations under this section, the Secretary of State shall collect fees as provided in ORS 647.009.

      (4) For the purpose of proving in an action or proceeding in a court in this state that a person, association or union registered a label, trademark, term, design, device or form of advertisement under this section, a certificate of registration that the Secretary of State issues for a label, trademark, term, design, device or form of advertisement has the same effect as a certificate of registration that the Secretary of State issues for marks under ORS 647.045.

      (5) A person must bring an action to compel or to cancel a registration for a label, trademark, term, design, device or form of advertisement in accordance with the procedures set forth in ORS 647.077 for actions to compel or cancel registrations for marks. [Amended by 1991 c.132 §29; 2015 c.277 §10]

 

      661.240 [Amended by 1991 c.132 §30; repealed by 2015 c.277 §15]

 

      661.245 [1991 c.132 §32; 1999 c.652 §20; repealed by 2015 c.277 §15]

 

      661.250 Actions to enjoin counterfeits or unauthorized use of label; injunction; damages; destruction of counterfeits. (1) A person, association or union that adopts or uses a label, trademark, term, design, device or form of advertisement as provided in ORS 661.210 may bring an action to:

      (a) Enjoin the manufacture, use, display or sale of any counterfeits of the label, trademark, term, design, device or form of advertisement; or

      (b) Enjoin another person from using or displaying a genuine label, trademark, term, design, device or form of advertisement in a manner that the person that adopted the label, trademark, term, design, device or form of advertisement does not authorize.

      (2) A court of competent jurisdiction may grant an injunction to restrain any person from manufacturing, using, displaying or selling a counterfeit described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court may award the plaintiff in the action damages as the court deems just and reasonable for any injury that results from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court shall require the defendants to pay to the plaintiff all profits derived from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying the label, trademark, term, design, device or form of advertisement without authorization.

      (3) The court shall also order that counterfeits that a defendant possesses or controls be delivered to an officer of the court, or to the complainant, to be destroyed. [Amended by 2015 c.277 §11]

 

      661.260 Liability for false or fraudulent application; criminal penalties. (1) A person that makes a false or fraudulent representation or declaration in an application to register a label, trademark, term, design, device or form of advertisement under ORS 661.230, whether the person makes the representation or declaration verbally, in writing or by any other means, is liable in damages to a party that is entitled to bring an action under ORS 661.250 or 661.270 for any injury the party suffers as a consequence of the person’s false or fraudulent representation or declaration.

      (2) A false or fraudulent representation or declaration of the type described in subsection (1) of this section is a Class C misdemeanor. [Amended by 1987 c.158 §129; 2015 c.277 §12]

 

      661.270 Who may bring action on behalf of unincorporated association or union. In all cases where the association or union is not incorporated, suits under ORS 661.210 to 661.280 may be commenced and prosecuted by an officer or member of the association or union on behalf of and for the use of the association or union.

 

      661.280 Attorney fees. In any action under ORS 661.250 or 661.260, the court may award reasonable attorney fees to the prevailing party. [Amended by 1981 c.897 §97; 1995 c.618 §118]

 

PENALTIES

 

      661.990 Penalties. (1) Violation of ORS 661.040 is a Class A misdemeanor.

      (2) Violation of ORS 661.210 or 661.220 is a Class C misdemeanor. [Amended by 2011 c.597 §275; 2015 c.277 §13]

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