Jefferson County v. Oregon Public Employees Union

23 P.3d 401, 174 Or. App. 12, 167 L.R.R.M. (BNA) 2193, 2001 Ore. App. LEXIS 608
CourtCourt of Appeals of Oregon
DecidedMay 2, 2001
DocketUP-18-99; A109245
StatusPublished

This text of 23 P.3d 401 (Jefferson County v. Oregon Public Employees Union) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jefferson County v. Oregon Public Employees Union, 23 P.3d 401, 174 Or. App. 12, 167 L.R.R.M. (BNA) 2193, 2001 Ore. App. LEXIS 608 (Or. Ct. App. 2001).

Opinion

EDMONDS, P. J.

Petitioner Jefferson Comity (the county) seeks judicial review of a determination by the Employment Relations Board (Board) that the county did not have standing to bring an unfair labor practices claim for a violation of ORS 243.672(2)(g)1 after a union picketed the personal businesses of the county commissioners. The Board ruled that the statute confers standing to bring a claim only on those individuals whose businesses were picketed and not on the county. We reverse and remand.

The county is a public employer as defined by ORS 243.650(20). Its employees are represented by the Oregon Public Employees Union (OPEU). In 1998, OPEU organized picketing of three businesses owned by individual county commissioners after negotiations between the county and OPEU failed to result in a new contract for the bargaining unit employees. The picketing included the business of Mike Ahern, a Jefferson County commissioner. Members of the union handed out flyers and carried signs on the sidewalks and parking lots surrounding the three businesses. The signs and flyers encouraged the public to continue doing business [15]*15with the commissioners in their business capacity but suggested that it pressure them to bargain with the union in their representative capacity about a new contract. At least one customer was deterred from shopping at Commissioner Ahern’s store during the picketing.

Multiple legal actions arose from the activities of OPEU and the county during the bargaining impasse. Among the actions brought was a civil action by the individual commissioners against the union, in which they alleged tortious intentional interferences with economic relations. A trial court initially enjoined the union from further picketing on the ground that the picketing violated OES 243.672(2)(g) and constituted unfair labor practices. OPEU appealed from the trial court’s ruling, and the Supreme Court reversed, holding that the trial court did not have subject matter jurisdiction over the matter because an initial determination was required by the Board as to whether an unfair labor practice had occurred. Ahern v. OPEU, 329 Or 428, 988 P2d 364 (1999).

In another action, the county filed a claim with the Board alleging that the union had violated the rights of a county employee by having a union official confront her and try to coerce her into striking. In that case, the Board held that, while the individual public employee who was confronted by the union staff member might have had standing to bring an unfair labor practices claim, the county did not. Jefferson County v. OPEU, 18 PECBR 285 (1999).2

Meanwhile, the county filed the unfair labor practices claim that is the subject of this review. The county alleged, in part, that:

[16]*16“7. On February 15, 1999, Union pickets were present on the premises of Ahern Grocery and Deli in Madras, Oregon handing out leaflets * * * that contained information and opinions regarding the current on-going negotiations between the County and the Union.
;fi * * *
“9. The leaflets distributed by the Union disparaged Mike Ahem for not being part of the County’s bargaining team, and called on the public to demand that Mike Ahern ‘carry out his elected responsibilities’ and ‘come to the bargaining table.’
* * * *
“12. The objective of the Union’s picketing of both Ahern Grocery and Deli, as well as the businesses of the other County Commissioners, was and continues to be to induce members of the public to cease doing business at the County Commissioner’s businesses, and to refrain from buying goods or services from those businesses.
“13. The effect of the Union’s picketing at Ahern Grocery and Deli, as well as the places of business of the other County Commissioners, was and is to induce members of the public to cease doing business at the County Commissioner’s businesses, and to refrain from buying goods or services from those businesses.
“14. Inasmuch as both the objective and the effect of the Union’s picketing the place of business of the County’s governing members was and is to induce others to cease doing business with the governing body members’ businesses or to cease dealing in goods or services produced at the governing body members’ businesses, the Union’s actions were and are in violation of ORS 243.676(2)(g).
“15. By the statements made on the Union leaflets calling on Mike Ahern to make concessions in bargaining and be present at negotiation sessions, the Union interfered with the County’s determination as to who will represent it in bargaining, in violation of ORS 243.672(2)(b).”

In the claim, the county seeks a determination by the Board that the union’s picketing activity violated ORS [17]*17243.672(2)(b), which prohibits a union from refusing to bargain in good faith with a public employer, and ORS 243.672(2)(g), which prohibits certain types of picketing at private residences and businesses owned by individual members of a public employer. A hearing officer conducted a hearing and took testimony on the matters. In the hearing, the county argued that it was injured directly by the picketing because the picketing put economic pressure on the commissioners and “that economic pressure would then translate into a change in their position in this other area of county commission work.”

As an alternative kind of injury, the county argued that it would have difficulty attracting and retaining qualified commissioners in the future because of the picketing. In support of that allegation of injury, the county presented testimony by commissioner Ahem, who testified that he considered resigning because of the picketing. The county also offered evidence that the union did not picket sites in town where there was more traffic. Thus, it argued that the picketing was not informational in nature but was intended to put pressure on the individual commissioners.

The hearing officer issued proposed findings of fact to which the parties filed objections.3 The hearing officer found that the picketing had occurred and that the union had picketed generally to inform the community of the basis of the labor-management dispute but that at least one union steward had picketed for the purpose of gaining concessions from the commissioners. The hearing officer found further that the picket signs had contained messages such as, “Mike Ahern Come to the Table,” and “Shop Ahern’s But Tell Mike to Settle.” The hearing officer also found that the leaflets contained messages urging the commissioners to become directly involved in the bargaining process and to take stands more favorable to the union.

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Cite This Page — Counsel Stack

Bluebook (online)
23 P.3d 401, 174 Or. App. 12, 167 L.R.R.M. (BNA) 2193, 2001 Ore. App. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-county-v-oregon-public-employees-union-orctapp-2001.